Unfortunately, such an unpleasant situation, as the death of the worker, it can happen to every company and every organization.Personnel must then focus and correctly arrange the work book of the deceased employee and other related documents.It is worth noting that the dismissal in connection with the death of the worker held on a slightly different procedure than the usual dismissal of the employee or at the request of the administration.
Legislative base
all issues related to labor relations, regulates, as we know, the Labour Code.In Art.83 states that an employment contract may be terminated for reasons that do not depend on the parties.These reasons, according to claim 6 of the same article, and ranked as the death of an employee.
How to dismissal in connection with the death of the worker?
If we consider the general procedure of dismissal, that she happens:
- worker writes the application (if the leaves work at will) or sends the employee notification of the employer (if the employee is dismissed on the initiative of the head);
- then issued a dismissal order;
- the last working day the employee receives payment, employment records and other documents.Sometimes it may also be paid severance pay.
As you know, the deceased employee of all of the above steps, of course, will not be able to perform.In connection with the death of an employee dismissal procedure is a bit different.
instructions or orders?
Termination relationship with the employee correctly yet issued an order form T-8.The corresponding order must necessarily coincide with the date that is listed on the death certificate.As this document does not always come at the company strictly on the day of a person's death, many staff workers do not know how they do that.In this case, you can make an exception and hold the dismissal in connection with the death of an afterthought.Such action would not be considered a violation.
Labour book
After issuing the order must also make an entry in the service book.In this document, you must write the following: "The labor agreement is terminated due to circumstances that do not depend on the parties - in connection with the death of the employee."And then indicate the article, according to which the dismissal is held in connection with the death of the worker, namely Article 83 of claim 6.The document is transmitted either by hand delivery to relatives on the basis of their application, or sent to the address indicated on the registration of an employee at work.
Payment of wages
If an employee does not have time to get the wages, it should be issued to a person who was a dependent of the deceased, or his close relatives.At the same time, labor laws do not provide a definition of who is a close relative.However, this notion specifies the Family Code.Close relatives are considered:
- children (including adopted children);
- wife;
- parents (adoptive also included here).
It should also be noted that in the calculation of the late payment can not hold the amount of unearned vacation.
inheritance of the deceased employee
Upon payment of funds owed to the deceased must consider not only labor, but also the law of succession.For st.1183 Civil Code says that all amounts to be paid to the employee under an employment contract, transferred his dependents or family members who lived with the deceased employee.The TC there is no period within which the payment should be held, but it is provided in the Civil Code and is 4 months from the moment the inheritance was opened.That day will be the day of death of the employee.That is, it turns out that during the 4 months after the death of an employee organization, where he worked, must make all payments that rely deceased workers, and give them to interested parties.
As you can see, in order to properly arrange the dismissal of an employee who has died, you must not only know the article dismissed the Labour Code, but also be aware of how to make an entry into the labor book, write the appropriate order and pay relatives of the deceasedAppropriate him money.If the employment of a book no one came, it must be kept in the personnel department separate from other employees of the documents for the past 2 years.If during this period it has not taken such a document is sent to the archive of the organization, where it will be as much as 50 years.And only after that it can be eliminated.
Dismissal in connection with the death of the worker - a complex process not only in legal terms as a moral.But if your organization is still such an unpleasant situation occurs, you will already know how to terminate the employment relationship with the deceased employees by all the rules, not breaking the law.
