THE termination for death occurs when one of the company's professionals dies. And, of course, there is a great deal of sensitivity to deal with the matter – both internally and with the loved ones of the deceased person – but the company also accumulates a series of obligations and responsibilities.
These obligations have to do with the immediate termination of employment contract, and also notification to Organs responsible bodies. There are even labor rights to be paid during this bureaucratic process.
Termination due to death can involve a great emotional burden, but the company must comply with this protocol contained in the labor law.
To help, we have prepared this post, in which we will deal with the following subjects:
- What does the labor law say about termination for death;
- How to proceed if a professional dies;
- Other actions to be taken for termination due to death;
- The necessary procedure when death by accident at work occurs;
- How to deal with the situation within the company.
Read on and learn from us everything you need to know about termination due to the death of a company professional!
What the labor law says about termination of death
There is nothing objective about the laws, in the Consolidation of Labor Laws (CLT), about termination due to death. What exists, in turn, is a conjunction of laws that guide HR professionals when they have to deal with the issue.
THE Law 6,858 / 1980, for example, talks about the values that must be received by the holders.
The Law 8,036 it's the Decree nº 99.684 address the pertinent points to the Severance Pay Fund (FGTS), which we will talk about next.
The termination amounts
Any and all amounts relating to termination – and that the professional did not receive when in life – is paid directly to dependents qualified in Social Security. This division occurs in equal fractions, if there is more than one dependent.
Payment must be made within 10 days after starting the termination process for death.
If there are no dependents, the immediate successors are the beneficiaries of the deceased official.
It is also worth checking if the union in the category foresees the payment of indemnities and insurance to families.
See too: how to do the termination calculation
How to proceed if a professional dies
The first issue to be resolved, in addition to the emotional burden of the loss of an acquaintance, is the identification of the cause of death, after all, the reason can be configured as an accident at work.
In such cases, the company must immediately request the Work Accident Report (CAT) for Social Security. This should occur on the same day according to Law 8,213 / 91. Otherwise, the company is subject to fines.
Other actions to be taken for termination due to death
Regardless of the cause and place of death, other actions are necessary and must be carried out by the HR sector upon notification of the death of a collaborator.
The mobilization must be complete, even, since the time is decisive for the company to organize itself, bureaucratically, while dealing with this loss.
And what does that mean? Basically, that your human resources professionals will ensure that the employee's rights will be adequately provided for the family and their dependents.
According to the law, these values are associated, in a similar way, to what happens when a resignation request is requested, without prior notice.
There are also other processes to be carried out, as we will see below!
The company needs this documentation to initiate the termination process for death. It is up to the family of the deceased employee to make it available for the company to proceed with the procedure.
With the death certificate in hand, HR can activate the life insurance that will contact the employee's family.
Record of termination due to death
Then, it is necessary to ratify the termination due to death – a step that tends to be part of the process or system of the company itself.
In the Ministry of Labor and in the union of the category, this step is not mandatory.
Calculation of contract termination
Calculate the termination and note the amount due bearing in mind the following benefits and rights to be assessed:
- balance due from salary until the day of death;
- proportional vacations (and the increase of ⅓ of the total);
- overdue vacation, if any, plus the additional adicional;
- PLR and other awards;
- FGTS until the month of death;
- 13th proportional salary.
The FGTS fine is not necessary because, as we anticipated, it does not fit the record of termination due to death. In addition, advance payment is not mandatory in these situations.
Records in the Pension Plan and in the Employment Card
It is also necessary to issue the FGTS Termination Payment Guide (GRRF) and indicate the reason for the termination. The company must also inform the FGTS Corporate Collection System and Social Security Information (SEFIP).
As a result, the family members of the deceased professional have access to both social security and FGTS withdrawals.
Delivery of documentation to the family
Finally, the company must contact the family to deliver all documentation related to termination due to death. A family representative must sign, guaranteeing the agreement between both parties, allowing relatives to access the benefits that were calculated upon termination.
The necessary procedure when death by accident at work occurs
If there was an accident and the death occurred during working hours and / or during the performance of activities, the company has other obligations. And the first of them, as already mentioned, is the accomplishment of the Work Accident Communication (CAT).
Family members can do the same, if the company does not do it with Social Security, but this process is streamlined when done internally and can make life easier for the deceased person's loved ones, who will be with a whirlwind of emotions invading them. you.
How to deal with the situation within the company
In addition to bureaucracies, HR and company management have to consider the emotional weight of the news. Often, the employee is a friend, colleague or even a relative of other employees in the company. The entire routine is undoubtedly affected, and that is why touch is essential.
The first way to deal with this is to reveal what happened, in an objective way. Then, respect for mourning is more than recommended and it is of great importance that HR remains available to answer questions and offer support to its employees.
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