Bypass sheet upon dismissal: sample, form, what is it

07.07.2019

846

5 minutes.

When leaving work, an employee must collect signatures from all heads of structural divisions stating that he has no debts to the company. The document in which this information is indicated is called a worksheet. In many companies it is mandatory and without it a work book will not be issued. We will find out in the article how legal this is and whether the “slider” is required by law.

Why do you need a bypass sheet?

The role of the bypass sheet is quite simple: it certifies the fact that the employee has handed over all valuables, documents, passwords, codes, secret materials and information that were previously in his control and disposal and at the time of leaving work does not owe his employer anything. In addition, it indirectly records that all the property handed over is safe, sound and of proper quality.

Thus, the employer provides himself with a guarantee that his property or especially valuable assets will not fall into the hands of criminals and helps to preserve his material and technical base.

What to do if they refuse to sign the bypass sheet?

Art. 84.1 of the Labor Code of the Russian Federation states that on the day of departure, the employer is obliged to issue the dismissed employee with a work certificate and pay all due funds. The employer does not have the right to oblige you to fill out the “slider” and delay the dismissal process because of this. The contract is terminated regardless of the fact of transfer of material and financial assets.

If the employer did not organize or did not have time to take inventory, this is his problem, since the resignation letter is submitted 2 weeks in advance. If the employer delays payment, you should file a complaint with the labor inspectorate and the prosecutor's office in 2 copies. The receiving party must sign a copy of the application. If you show a copy of the application to the employer, the work permit will be immediately returned and the required funds will be issued.

For reference! If the employee refuses to fill out the reporting document provided for by the internal regulations, the employer can entrust its execution to a personnel service employee. The specialist will visit all departments, collect signatures and attach the form to the dismissal person’s personal file.

For late payment to an employee, the law provides for payment by the employer of monetary compensation. In case of refusal to provide a work permit, a fine will be imposed on him.

When leaving at your own request

Article 80 of the Labor Code of the Russian Federation.

The question arises: is it necessary to sign the “slider” in the event of termination of the contract on personal initiative, and is it possible to pick up the labor document without it and receive payment? In Art. 80 of the Labor Code states that upon expiration of the notice period for resignation, the employee has the right not to leave work. You can refuse to go around the departments, and this will not affect the dismissal process. On the last working day, the administration is obliged to issue a work certificate, a 2-NDFL certificate, as well as pay the rest of the salary and compensate for unused vacation.

Who should sign the document

The worksheet includes a list of the main divisions of the company, whose employees are in charge of the material, technical, documentary and financial parts. As a rule, it includes:

accounting department,
Human Resources Department,
administrative and economic service,
material support department,
the department in which the person resigning directly worked, etc.

The head of each of these departments must sign his autograph on the walk-in sheet, thereby indicating that the dismissed person has surrendered all property and assets of the company and there are no claims against him.

The procedure for issuing a bypass sheet

Usually the document form is available in the human resources department, where the person resigning should apply.

After he receives the document form in his hands, he should hand over all his remaining material and technical valuables, documents, etc. and sequentially go around all the departments that are included in the bypass sheet to obtain the autographs of their leaders.
Next, the bypass sheet, along with the letter of resignation, is sent to the head of the enterprise, who must also certify them with his signature.
And only after this the employee can receive all the documents and funds due, including severance pay and additional payments specified in the employment contract.

Deficiency when signing a bypass sheet

In addition to the fact that department heads need to be found, they may also refuse to sign. There are several reasons for this:

personal hostility and desire to spoil the employee’s dismissal;
presence of shortage.

In the first case, there is no need to persuade and humiliate yourself; in the personnel department you can refer to the non-binding nature of the document and calmly receive your materials and money. As for the shortage, it must be compensated. It happens that a person took something from a company, for example, a book, and forgot about it. This is revealed only when the runner is formed. There are two ways out of this situation - find the taken item or compensate financially.

The company management has three ways to resolve the shortage issue:

Enter the cost of the item into the calculation and receive compensation from your salary.
Receive the item back if it was not lost or damaged.
Forgive an employee’s debt without recording it anywhere.

The latter option applies if we are talking about inexpensive property, and the employee has performed well throughout the entire period. As for serious shortages, the matter may go to court, where the employee will be accused of theft.

What to do if an employee does not want to sign a bypass sheet upon dismissal?

The bypass sheet is not included in the list of documents that the employee must sign upon his dismissal. In other words, if he does not want to do this, the employer has no right to force him.

It should be noted that quite often employers blackmail their former employees by saying that without signing this document they will not give them their personal documents, for example, a work or health record book. This is absolutely unlawful and if such facts are established by the labor inspectorate, the enterprise and responsible persons face administrative punishment in the form of a fine.

The only exception: the employer can quite legally deprive an obstinate employee (already a former one) of the additional payment due to him upon dismissal, specified in the employment contract (but not specified in the legislation of the Russian Federation).

Is a bypass sheet a mandatory document upon dismissal?

Upon dismissal, the employee is not required to submit a bypass sheet. As stated in the letter of the Ministry of Labor of Russia dated September 16, 2021 No. 14-2 / OOG-14959, such requirements are not provided for by the Labor Code. In accordance with Article 84.1 of the Labor Code of the Russian Federation, termination of an employment contract is formalized by order of the employer. The employee must be familiarized with such a document upon signature. If the order to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under signature, a corresponding entry is made on the document.

What to do if a shortage is discovered during the process of signing the bypass sheet

Such situations are rare, but sometimes they do happen. As a result, the employer can take different paths:

recover from a former subordinate the cost of lost material and technical assets (this is especially true if the employee was a financially responsible person),
ask to write an explanatory note and impose a disciplinary sanction (with a corresponding entry in the work book),
forgive the employee for missing property.

In some cases, proceedings reach the court, which is why you should be especially careful when filling out the bypass sheet.

What is stated in the Labor Code of the Russian Federation?

Article 84.1 of the Labor Code of the Russian Federation.

In Russia, the “slider” is used everywhere, so the question arises: is a bypass notice legal upon dismissal? In Art. 84.1 of the Labor Code of the Russian Federation, which regulates the dismissal process, and other federal laws do not say anything about the bypass sheet, so the employer’s requirement to fill it out is unlawful. At the same time, there is a list of organizations where the obligation to fill out a reporting form is fixed by industry and departmental acts.

This applies to employees of the following government agencies:

Ministry of Youth Policy of the Russian Federation, Sports and Tourism;
Federal Migration Service of the Russian Federation;
FS tariff regulation;
FS on military-technical cooperation.

The completed form must be submitted to the territorial personnel service. In other cases, the “slider” is a recommended measure, but not mandatory.

Employee Responsibility

Article 138 of the Labor Code of the Russian Federation.

Since the Labor Code does not contain the concept of a “bypass sheet,” the employer, on his own initiative, can fix the obligation to fill it out in the internal regulations of the institution. In this case, any disciplinary sanctions can be applied to a person who decided to quit but refused to fill out a reporting document. For example, deprive him of the payment due, specified in the employment agreement, but not in the law.

The employer has the right to withhold the identified debt from the employee’s salary in accordance with Art. 137 and 138 of the Labor Code of the Russian Federation. The damage caused is compensated voluntarily or compulsorily according to the rules specified in Chapter. 39 TK.

Nuance! The director can sue an employee even if the employee has already been fired.

The employer has no right to delay the employee’s receipt of labor and final payment. Most workers, realizing the illegality of the bypass sheet, agree to sign it in order to avoid conflict with the employer. However, recently there has often been an opinion that this document contributes to the worsening of the situation of workers and contradicts the Labor Code.

Rules for writing a document

There is no single unified form of bypass sheet, so organizations have the right to write it in any form each time or use a template developed within the company and approved in its accounting policies. In any case, this document must contain a number of necessary information:

name of company,
date of compilation,
position and full name of the employee,
a list of departments that he must go through.

It should be noted that in different companies the list of departments that a resigning person must bypass may vary significantly.

Will the last salary be paid if the work permit has not been submitted?

Failure to submit a bypass sheet is not grounds for non-payment of all amounts due to the employee. As stated in Rostrud, upon dismissal, the employer is obliged to pay the employee the final payment of wages, compensation for all unused days of annual paid leave (if any) and other payments provided for in the employment contract, collective agreement, agreement and/or local regulations of the organization, regardless of whether he signed the bypass sheet or not.

Rules for issuing a bypass sheet

The document can be drawn up on a regular A4 sheet or on the organization’s letterhead, and it can be created both in handwritten and printed form.

The bypass sheet is usually drawn up in one copy and, after signing, is deposited in the archives of the enterprise, but if desired, the employee can request a copy of it. This measure will allow him to avoid further unfounded material claims from the employer, if prerequisites for such arise.