On the legislative regulation of the application of the document
The heads of each department of the organization are responsible for filling out the walk-through form. The employees themselves are not responsible for this. The bosses make notes that the citizen did not damage the property and that no thefts were noticed.
In the case of hiring, the document records the transfer of responsibility for material assets from one citizen to another. When the document is signed, it will be accepted that:
- The citizen agrees with the requirements that the employer listed in the workaround.
- Safety requirements were studied.
- Cases were accepted from a predecessor, another authorized person.
- The citizen agrees to accept responsibility for the equipment and materials at his disposal.
The law speaks of the voluntary nature of any bypass sheets. But there is a high probability of refusal to hire for those who do not agree to fill out the document themselves.
The procedure for document execution is not strictly fixed at the legislative level. Therefore, it is recommended to regulate the issue with the help of local acts adopted at the enterprise.
Checklist
When hiring, the employer may offer the new employee to also fill out a checklist. This is a document documenting the completion of instructions. Thus, without mandatory familiarization with the standards of various instructions, a new employee will not be able to begin performing his professional duties.
The obligation to prepare a checklist is not fixed in labor legislation, but does not contradict it. Therefore, the employer has the right to offer his new employee to draw up this document.
Often, a checklist is used if the company does not issue a checklist upon entry to work. The checklist in this case ensures that new employees undergo all necessary training before they begin work.
If you have any questions regarding the walk-through and checklist when applying for a job, leave them in the comments
What are the requirements for bypass sheets?
Each enterprise has the right to establish its own sample document; there is no unified form. But the following information regarding employees is present in most of these papers:
- A note about the transfer of documentation to a subordinate who left earlier.
- Table for making additional edits.
- Calculation date.
- Name of the enterprise, in full form.
- Job title.
- Indication of full name.
The size of the table may vary depending on the number of departments whose heads take part in the design.
Who can be included in the document?
The officials of the structural divisions are indicated in this type of paper the same. It doesn’t matter whether we are talking about hiring or dismissal. There are only a few exceptions related to the peculiarities of the work of a particular organization.
- Direct supervisor for a specific citizen . After all, he himself controls the provision of new jobs. Responsible for getting to know the heads of other departments within the enterprise structure. The same goes for introducing a new employee to other subordinates. If necessary, senior managers are also described.
- HR department employee . He confirms that no serious violations were committed during the registration process. There are no questions regarding documents accepted from a specific person. Proves that the citizen has been familiarized with all local regulations.
- Accountant . Accounting is also notified of the hiring of a new team member. For this purpose, the accompanying documentation is transferred by the HR department. The information is then entered into accounting.
- An employee from the logistics department . Issues material assets that will later be required to perform duties.
- An employee from the labor protection department . He will confirm completion of the training on all necessary issues.
- Information Technology Department Representative . Provides technical equipment to perform duties.
- Security department representative . Issues various devices for access to interior spaces.
What to pay attention to when compiling a worksheet
Today, there is no unified sample of a contract approval sheet, so representatives of enterprises and organizations can create it in any form or according to a template that operates within the company. When compiling it, in terms of structure and content, it is important to adhere to the standards of office work and the rules of the Russian language.
At the beginning of the document, write the name of the department to which the contract was received and the internal document number. Then comes the main part:
- The name of the counterparty company is entered here, i.e. the organization with which the agreement being negotiated is concluded;
- The meaning of the contract is briefly indicated.
The next section usually consists of a table where the following is entered:
- serial number and name of the structural unit to which the contract is received along with the approval sheet for review;
- position, last name, first name and patronymic and signature of the responsible person;
- date of approval;
- comments and suggestions.
This part of the document may vary in volume, depending on how wide the circle of persons responsible for the concluded agreements is.
Below the table is written the total amount of the contract, the last name, first name and patronymic name of the representative of the counterparty who is handling the contract on the other side, as well as his contact phone number (in case various questions arise).
Finally, you should note the employee who is responsible for signing the contract on the part of the approving organization by entering his position and full name on the sheet.
Bypass forms: legality of non-issuance of a work book
If there is no bypass form, this is not a reason to delay the dismissal or refuse to issue a work book. In this regard, there is a right to file a claim in court and demand compensation. The main thing is the presence of justification.
To do this, they solve several problems:
- The fact of violation is revealed.
- The fact of the manager's guilt is established.
- Determine the amount of damage.
In the case of a written application, the manager is obliged to transfer other documents to the other party if they are related to the work.
The general dismissal algorithm must be followed in any case:
- Termination of the employment contract. It is assumed that the unified form T8 will be used. The employee must be familiarized with the order. Separately they monitor the signature on his part. The boss makes an appropriate note if the subordinate cannot be physically present at this event. A copy of the order to terminate the employment agreement is also given to the employee upon the first written request.
- On the last day of work, the agreement becomes invalid.
- The manager returns the work book and other types of documents certified by the director’s personal signature. According to Article 140 of the Labor Code of the Russian Federation, it is impossible to do without issuing a calculation.
- Make an entry in the work book using generally accepted terms and definitions.
Upon dismissal, bypass sheets are not considered mandatory documents.
The general procedure for registering termination of an employment contract does not provide for the employee to fill out a bypass sheet. About this in the story below:
Additional tips for managers
An action that includes threats for the absence of a document will be illegal. The same applies to forced registration. For such facts you can get a serious fine. Therefore, it is recommended to structure interactions with subordinates differently.
Filling out worksheets allows beginners to immediately immerse themselves in the work and become familiar with its basic principles. It is easier to study the general structure and representatives of the team. The worksheet describes in detail all the values that will have to be worked with in the future.
When dismissal, bypass sheets are also used as reporting.
Additional information about the filling procedure
The employee must visit all departments related to the transfer of any documents or other material assets to his address. The signature is placed when the responsible person completes the verification of a particular fact.
To obtain a bypass form, contact the HR department at least three weeks before immediate dismissal.
The document header contains the following several sections:
- Number of the order related to termination of the employment contract.
- Date of dismissal.
- Description of the position.
- Subdivision.
- Number according to the table.
- Full name of the employee.
- After this, they proceed to filling out a table consisting of several columns:
- Signature of the person responsible for the marks.
- Full name of the person who put the mark.
- Job title.
- A note about the absence of debts and transfer of affairs.
- Indication of a specific department.
The manager has the right to refuse payment if a debt is discovered during the preparation of bypass sheets. The refusal is valid until the money is issued in full.
Who draws up the document
The document is usually drawn up by a specialist from the legal department, i.e. that employee whose job responsibilities include monitoring the preparation and approval of contracts. If the organization does not have the position of a lawyer or legal adviser, then any other employee whose job responsibilities include this function or assigned to this by a separate order of the director can create and fill out the approval sheet.
You should be very careful when drafting a document, since preliminary approval of a contract is a very important task, which often, if properly executed, allows you to avoid disagreements, disputes and conflict situations in the future.
Bypass sheets upon dismissal of a serviceman: features
Such bypass sheets differ from civilian ones in that they must be filled out. Signatures must be collected several times during the service.
Here are a few situations when you cannot do without a document:
- Upon dismissal from service.
- Suspension of work.
- Transfer to the Federal Executive Authority.
- Transfer to a new workplace.
- A mandatory stage is the surrender of uniforms, weapons, and other items, without which the performance of duties is impossible.
About the terms and procedure for document storage
The law does not give precise instructions on how long the document must remain with the manager. Company management often resolves this issue on its own. In most cases, they rely on the standard requirements of the office management system. According to these provisions, the maximum period is three years. First, the personnel department is responsible for storage, then the documents are transferred to the archive.
The employee is required to be given a copy of the bypass; if it is returned, a corresponding requirement is made. No more than three days should pass from the moment of his written request.
About complaints to the labor inspectorate
The application is written against those who insist too much on drawing up a work certificate and delay the dismissal procedure. Such actions are considered serious violations of current legislation. The formal form of the complaint has not been established. Therefore, you are allowed to fill out the forms at your own discretion.
But you should not avoid some mandatory elements:
- Signature, date of document preparation.
- Statement of the claim itself, description of the illegal action.
- Company name with actual address.
- Designation of full name, telephone number and email, return address for sending replies.
The document is prepared in two copies. One of them is transferred to the second party, the second remains with the applicant. The inspector must mark it confirming receipt.
The complaint must be accompanied by an employment contract and other similar documents relevant to the case.
There are two options for sending documents:
- By Russian Post. In the form of registered letters, with acknowledgment of delivery.
- From the website of the regional department of labor inspection.
Anonymous messages are not considered by regulatory authorities, therefore it is mandatory to provide personal data. But you can ask for confidentiality.
Step 3. We agree and sign the employment contract
The employment contract is drawn up in two copies. You can use the employment contract template developed by Worki experts as a basis.
When drawing up an employment contract, rely on Article 57 of the Labor Code. Take the employment contract template and fill in the following fields.
- We indicate the place and date of conclusion of the contract.
- Last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract.
- Information about documents proving the identity of the employee and the employer - an individual.
- Information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers.
- We register the details of the employer and employee (TIN, SNILS, etc.).
In the employment contract we indicate mandatory working conditions that must be specified in any case, and additional ones that are included at the discretion of the employer.
The following conditions are mandatory for inclusion in an employment contract.
- Place of work. Here you need to accurately indicate the structural unit. If this is a branch, then we indicate the location.
- Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee).
- The date from which the employee must begin performing duties. If a fixed-term employment contract is concluded, then we indicate its validity period and the reasons for concluding a fixed-term contract in accordance with the Labor Code.
- Conditions of remuneration (including the size of the tariff rate or salary - official salary - of the employee, additional payments, allowances and incentive payments).
- Working hours and rest hours (if for a given employee it differs from the general rules in force for the employer).
- Guarantees and compensation for work under harmful and/or dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace.
- Conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other).
- Working conditions in the workplace.
- Conditions on compulsory social insurance of the employee.
If you do not include any of the required items, this does not mean that the employment relationship is not formalized. In order to include clauses in the employment contract that were not previously included for some reason, it is necessary to draw up an additional agreement to the employment contract.
As we said above, the employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with those established by labor legislation.
- On clarification of the place of work (indicating the structural unit and its location) and/or the workplace.
- About the test. If we do not set a probationary period for an employee, for example, we accept by transfer through an invitation from another company or we accept an employee who has previously worked for us, then we write the phrase: “Permanently accepted without a probationary period.”
- On non-disclosure of secrets protected by law (state, official, commercial and other).
- On the employee’s obligation to work after training for a period not less than that established by the contract, if the training was carried out at the expense of the employer.
- On the types and conditions of additional employee insurance.
- On improving the social and living conditions of the employee and his family members.
- On additional non-state pension provision for employees.
After drawing up an employment contract, we sign it with both parties to the labor relationship – the employer and the employee.
It is advisable to add two important clauses to the employment contract.
- The phrase “I have read and agree with the working conditions.” Next to it is the employee’s full name and signature.
- The phrase “I received the second copy of the employment contract.” Next to it is the employee’s full name and signature.
Attention!
Thus, we will have three signatures of the employee in the employment contract. Two signatures are made at once. One is about signing an employment contract, the second is about familiarization and agreement with the terms of the contract. The third signature is placed after the employer signs the employment contract and upon receipt of the second copy by the employee.
In addition, the employment contract can provide for additional conditions beneficial to both parties. For example, indicate additional benefits that the employer provides to the employee, including wages.
In addition, it is necessary to secure the clause on the employee’s consent to the transfer by the employer of his personal data both within the organization and outside it. Indeed, since February 1, 2002, the employer cannot distribute information concerning the employee without his consent, even within the organization (Article 88 of the Labor Code of the Russian Federation).