Is there a concept of “bypass sheet” in the Labor Code of the Russian Federation?
Bypass sheet upon dismissal - is it legal ? The bypass sheet for dismissal is an example of a formal approach of production managers and does not appear anywhere in the Labor Code. And if this is so, there can be no talk of any mandatory nature of this document. The bypass document is voluntary, but in the localities it is elevated to the rank of perhaps the most important document when dismissing. “If you don’t bring a work pass, you won’t get a work pass” is a typical postulate of any HR department.
And the employee, frightened by such a prospect, kicks his heels in search of all the officials whose signatures he must have time to collect on the bypass page.
But for some reason everyone forgets the requirements of the novel 84.1 of the Labor Code of the Russian Federation, where it is written in black and white: the employer is obliged to issue a work book strictly on the day of termination of the contract. This can only be prevented by a universal flood or the absence of the person being fired from the workplace. And certainly not a bypass - a piece of paper with signatures from department heads and the local library. But not only bosses forget about the law; subordinates also do not remember about it, slavishly fulfilling their leaders’ every whim. That is why incidents regularly occur when, due to a workaround that was not signed on time, the dismissal procedure, and with it the law, is violated.
Why is such a violation of the Labor Code of the Russian Federation dangerous for the boss? We are talking about punishment within the administrative code:
- a fine of thirty to fifty thousand rubles for an organization and from one to five thousand for an official;
- suspension of the organization’s work for a period of up to ninety days.
However, a bypass may also be a mandatory requirement for the dismissal of federal government employees. They must hand over their work ID, as well as all employer documentation and valuables they used while working.
What to do if they don’t get a visa?
If the bypass sheet is not signed because some documents or things are missing, you need to find out how you can compensate for their shortage.
If an employee believes that he was not given such things, he needs to write a complaint to the head of the organization and submit it to the human resources department. The issuance of material assets to an employee must be documented, and this can be verified. In any case, an unsigned bypass sheet cannot be an obstacle to dismissal. A delay in issuing a work book may result in penalties for the employer, as stated above.
Of course, if the bypass sheet is not signed and the work book is never issued, the employee has the right to get a new one . However, this may create problems for him when calculating length of service to determine the size of the pension and confirm work experience. Therefore, it is better to immediately contact the nearest Rostrud inspectorate and ask them to take measures to resolve the controversial situation.
Another option is to file a complaint with the court demanding the issuance of a work book and compensation for the delay in its issuance. The absence of a work record makes it difficult to get a new job or receive a pension. Therefore, such actions violate labor laws and employee rights.
The date when the work book should have been issued can be confirmed by a copy of the dismissal order. If the employer refuses to issue such an order, it is necessary to confirm when the application for dismissal was submitted.
- Proof that the application was actually written and received by the employer can be a mark on the second copy of the application about its acceptance by the relevant department with the signature of the person who accepted it and the registration number on the document.
- If the application was sent by mail, evidence may be a notification of delivery of a registered letter with an inventory.
Why do you need a bypass?
Although the labor “Bible” does not mention a bypass sheet upon dismissal, at least one termination of a contract is rarely done without it. The bypass is issued:
- as confirmation that the employee returned to the organization all material assets and tools that he used;
- as evidence of the transfer of all papers to the successor;
- in order to record the loss of the right to use corporate information resources.
The procedure for registering a workaround is usually set out in the employer’s local documentation. It comes down to the fact that immediately before the dismissal order, the employee receives a bypass, which indicates all the bosses, who must sign that the dismissed person has paid them in full.
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Compensation upon dismissal by agreement of the parties
And the employee goes to fill out the bypass. He will be very lucky if all the bosses or their deputies, whose signatures he collects on the roundabout, are in the field, and not on business trips or on sick leave. Are you lucky? The bypass signed by everyone is left in the personnel department. There it will be placed in the employee’s personal file and will be stored until the storage period for such documents expires. Typically, the bypass is stored for no longer than three years. Then everything is archived.
How to fill out the report?
A walk-through sheet is a special type of internal personnel reporting. In Russia there is no single unified form, so each company has the right to develop its own samples.
The reporting form is written. The contents of the document can be divided into 3 blocks:
- Introduction. This part contains information about the person being dismissed (full name and position held, personnel number) and about the organization (full name, Taxpayer Identification Number), and also states the date of termination of the employment relationship.
- Further it is usually presented in the form of a table. This table lists all the structural divisions of the company that the person being dismissed must finally visit. If there is no debt and the material assets entrusted to the employee have been handed over, the head of the relevant department affixes his signature.
- Conclusion - in this block a mark is made regarding the receipt by the person of his work book. After this, the document is dated and signed by the manager.
Often, a blank bypass sheet form is printed on a printer and then simply filled out. Sometimes an organization’s letterhead is used to prepare such a report. And some companies use a completely handwritten format. In any case, the employee does not need to worry about what and how to write on the round sheet. A form or sample document must be provided to the company’s HR department.
As a rule , it is enough to fill out a bypass sheet in one copy. This copy remains with the employer. But the dismissed person has the right to demand one or more copies in order to also have this document.
Download a sample bypass sheet when dismissing an employee
Download a blank bypass form when dismissing an employee
Who issues a bypass upon dismissal and when?
The work pass is definitely issued by the HR department. However, the time for issuing a bypass varies. In some places, the bypass is given to the employee in advance, immediately after he submits his resignation letter; in others, on the day of dismissal.
Of course, it is best to get a bypass in advance, so that you have time to find the always busy heads of structural divisions and have time to collect all the signatures before the last day of work. Moreover, if some of them are located in other territories, at a considerable distance from the one where the dismissed person works.
Issuing a bypass on the day of dismissal and demanding that it be filled out immediately is, firstly, illegal, and secondly, unreasonable.
Who should sign the bypass?
The bypass consists of a table where the first column lists all the divisions of the company in which he could be considered a debtor. Due to his work, he may well never contact most of these departments, but he must obtain a signature from their head. The standard list placed in the bypass consists of:
- from the accounting department (the signature of the chief accountant is required);
- HR department (signed by the department head);
- household parts (requires a facsimile of the caretaker);
- the department in charge of providing tools, equipment and other “tools” for work;
- structural unit where the former employee worked, etc.
The list in the roundabout depends on the structural complexity of the organization in which the citizen worked.
The signature of each of the bosses, placed in the appropriate columns of the workaround, will be proof that the employee is legally clean before them.
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If the dismissed person does not want to issue a bypass
He doesn't want to, it's his right. You need to tell the HR department directly about this when they try to hand you a work pass. And even if bosses of any caliber write boiling water, they have no leverage over the obstinate employee, in relation to this situation with a workaround.
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The only exception may be the threat of non-payment of additional compensation upon dismissal, which is contained in the employment or collective agreement and is due only to the disciplined employee. But there may be such a ridiculous amount, because of which it is not worth wasting time and nerves on a vertical cross with a bypass in the teeth.
If department heads do not sign the bypass
Such situations also happen. Sometimes this is personal hostility and a desire to somehow annoy the person leaving, and sometimes there are objective reasons, for example, real shortages or debts. The employee cannot remember everything. Often, he remembers something that was once given to him only when the signature of the responsible person is required on the bypass.
If we are talking about personal relationships, this can be neglected, remembering that the bypass is not a required piece of paper. Turns out I should? I'll have to return it. Or pay.
If during the process of signing the bypass a shortage is discovered
If a shortage is detected after filing a bypass, the manager has three options for action:
- claim the value of an item lost due to the fault of the employee (from the salary during the final payment, information about the shortage is recorded in the bypass, in addition, senior management is notified personally by the department head);
- ask for written explanations and impose a disciplinary sanction (it is allowed to indicate it in the employee’s work book);
- show generosity and forget about the shortage.
If the deficiency indicated in the bypass is significant, the latter route will become impossible, and the case may end up in court. Where a fired person can become accused of theft.
What to do if a shortage is discovered during the collection of signatures?
Situations where, when checking the status of his direction, the responsible specialist, before signing the slider, discovers a shortage or unfinished unique work performed by the employee at the time of dismissal, often occurs. In such circumstances, an employer can act in different ways:
- recover the cost of missing material and technical items from the resigning subordinate employee, withholding it from his final payment;
- take advantage of a disciplinary sanction by making an entry about it in the work book and demanding an explanatory note from the employee;
- forgive him the cost of the missing property, limiting himself only to an explanatory receipt.
In any case, the employer cannot, by law, detain an employee at work until the circumstances are clarified. Otherwise, the issue may be complicated by litigation.
Terms and procedure for storing bypass
The law does not give any instructions on how long to store bypasses, so the storage period for bypasses is determined by the company’s management. Most often, bypass documents are kept for as long as the office work rules determine, three years.
The papers are first kept in the personnel department, then transferred to the archive. If a fired employee returns to receive a copy of the workaround, they are required to give it to him. Within a maximum of three days from the date of written request. That is, in order to receive one piece of paper, you need to write another.
Consequences for refusing to fill out a bypass
Bypass sheet upon dismissal, is it legal? Before running through the authorities with a bypass, you need to carefully read the contents of the paper. Sometimes management insists on formalizing a workaround, since only on its basis can they demand that the dismissed person return the things and valuables given to him. But this is not true. The slider has no legal force.
So, if a shortage of equipment or tools is discovered, the “owner” should file a claim in court, and not engage in independent verdicts. When filing a statement of claim, he is obliged to attach evidence that the defendant actually stole them or destroyed them through negligence, or even malicious intent.
conclusions
Walkthrough sheets are often used in organizations. They are usually practiced when some employees who are financially responsible are dismissed.
Such forms contain the signatures of department heads, as well as information about claims against the citizen collecting these signatures in connection with his dismissal. However, completion of such forms is not considered legally mandatory.
An employee can legally refuse and not sign it upon dismissal, and the employer has no right to force him to fill out this sheet.
The form of the document is developed and approved by the employer independently. There is no standard template. The use of this form is regulated by a special order of the management of the employing organization, also drawn up in a free (free) form.
Is it necessary to issue a bypass sheet?
Article 84.1 of the Labor Code of the Russian Federation says that to dismiss an employee, only an order from the employer is needed. They pay the dismissed person and issue him a work book and certificates strictly on the last working day. There's not a word about runners. This means that it is unlawful to demand that a resigning employee fill out a work permit, and a manager who makes such demands can easily be punished under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Is a bypass necessary or not when leaving government agencies?
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This is also important to know:
Under what article are people fired at their own request?
However, in some government agencies the need for a bypass sheet is dictated by industry orders.
Thus, police officers, according to the order of the Ministry of Internal Affairs of the Russian Federation dated July 26, 2012 No. 725, are required, when submitting a report of dismissal, to fill out a bypass. There are similar orders for the bailiff service and other departments. In addition to the bypass sheet, such regulatory legal acts stipulate the surrender of service IDs, weapons, personal badges, physical storage devices of classified information, etc. upon dismissal. Although, in this case, they often do not require a bypass sheet.
Hence the conclusion: labor law does not know about the bypass; if it is not provided for by industry orders, then there is no need to draw up a bypass. The need to formalize a workaround may be specified in the employment contract or collective agreement. However, since the Labor Code does not require it, but is required by local acts, it means that there is a violation in their drafting, and the resigning person should not comply with such illegal demands.
Consequences of dismissal without a work permit
Is a leave notice required upon dismissal? Refusal to run around the floors for the next autograph of the next boss will not bring any consequences for the quitter. The bypass is voluntary.
The only thing you need to do is transfer all your affairs to your successor, including work tools and equipment. So that there are no complaints. A workaround may be required by the employee himself if he quits “badly”, with a scandal, and assumes that after his dismissal a shortage may be pinned on him. He has the right to make a copy of the runner and have it certified by the secretariat.
Consequences
Since there are no legal provisions that regulate the procedure for filling out the slider, the penalties are not defined. Another thing is that the manager himself may delay the issuance of labor and payment documents. But this is already illegal. The situation rarely leads to litigation.
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Dismissal of an employee due to loss of trust, article of the Labor Code of the Russian Federation
If anything is missing or damaged, the employer may make a claim for return or compensation for damage. Therefore, refusing to sign the sheet is not a way to avoid punishment.
How do you arrange a bypass?
What is a bypass sheet issued upon dismissal? The “runner” is usually a “Snow Maiden” sheet on which the following data is printed:
- Full name of the person leaving and his position;
- official name of the company;
- date of termination of the employment contract
and a table in which departments and their heads are presented in a list, with space for signatures and special notes (for example: “pass passed”, “work mobile phone accepted”, etc.). Here, in the line of the HR department, information about the issuance of the work book is indicated.
Important
If a debt is discovered, the person leaving must close it before he is finally paid. Otherwise, the money will be deducted from his salary or compensation payments due upon termination of the contract.
It is worth knowing that for shortages, a corresponding order must be issued, to which an inventory sheet indicating the shortage must be attached. If there was no inventory, then there are no shortages, the bypass is signed and fired without consequences.
Document structure
From an office management point of view, the worksheet has a standard structure. Let's look at a standard example of a "runner" for a driver. It should indicate:
- name of the organization, its address;
- Full name of the employee, his position;
- date of dismissal;
- a list of officials and their signatures under the column “material assets have been handed over, there are no debts”;
- below - the signature of the HR employee and the person who resigned - opposite the column about receipt of the work book.
The driver's bypass sheet has the usual structure , and its content is not much different from others.
Thus, the “runner” is not a mandatory document, but serves only as a guarantee that there are no mutual claims between the parties. Its form and content are determined by the enterprise itself.
In the event that the bypass sheet is not signed, which is why the employer refuses to fire the employee, this may become a reason for legal proceedings, as well as bringing the boss to administrative liability. Bypass sheets are stored in the personnel department in the personal file in accordance with the rules for maintaining nomenclature and office work, on average, for three years.
Recommendations for employers: better before than after
Since forcing a resigning worker to register as a “runner” and threatening him with punishment for failure to comply with this requirement is illegal and you can be fined for this, it is better to do otherwise. A modern entrepreneur fills out a bypass immediately when hiring a new employee. This immediately immerses the newcomer into the system of work in this company: he gets acquainted with the structure of the organization, its managers and staff.
All the values with which he will have to work in the future are described in the workaround. It is unlikely that a person who wants to work here will resist such a “runner”, because if he begins to persist, he may immediately be shown the door, and this is not in his interests. If you happen to quit, the employee will have such a workaround in his hands, where all his debts to the company, financial and material, are written down. All that remains is to return everything according to the list and part as friends.
Complaint to the labor inspectorate
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If the employer insists on filing a workaround, or, worse, because of it, did not fire the worker on time, you will have to go to the labor inspectorate and write a statement. The form of such a complaint is not officially established, so you can write the paper in free form. However, there are mandatory elements that should not be avoided:
- you should indicate your full name, email, phone number, return address where the response will be sent;
- name of the company, its actual address;
- state the claim itself (what wrongdoing the employer committed against the applicant);
- sign and date the paper.
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You cannot lie or embellish in a statement. Only facts, strictly to the point. If information about an offense is provided, it must refer to evidence. Unsubstantiated accusations are not allowed. It’s better to simply state the facts, and the labor inspectorate will give them a legal assessment.
Sample complaint
State Labor Inspectorate, N, st. N, house N Syropyatova Angelina Petrovna, city N, st. N, d. N sq. N, contact phone: 0000-00-00
COMPLAINT On August 22, 2018, I submitted my resignation from the position of storekeeper at Monoblock OJSC (city N, st. N, building N). On the last working day, the head of the HR department, A.Yu. Pedrosova. She demanded that I fill out a bypass sheet. Knowing that it is not mandatory according to the Labor Code of the Russian Federation, I refused. But Pedrosova A.Yu. She told me that otherwise they wouldn’t give me my work book. I refused again because the organization is located over a large area in different parts of the city and in one day I would not have time to run around everyone in any case. On the last working day, they didn’t give me a work permit, they didn’t familiarize me with the order, and they didn’t make a payment.
I ASK: 1. Check this fact and prosecute A.Yu. Pedrosova for violating Article 84.1 of the Labor Code of the Russian Federation. Head of the Human Resources Department of Monoblock OJSC. 2. Oblige Monoblock OJSC to pay me compensation for forced absences from September 6, 2018 and moral damages. September 07, 2021 /signature/ Syropyatova A.P.
How to file a complaint with the labor inspectorate?
The paper has been drawn up, now it needs to be delivered to the Labor Inspectorate department. The complaint must be made in two copies. On one of them, the inspection employee will sign for receipt. A copy of the employment contract and other documents related to the case should be attached to the complaint.
The second option is delivery of the complaint by Russian Post. In the format of a notification letter.
Option three is to write a complaint directly from the website of the regional labor inspection department. Finding the workers' claims and complaints section there will not be difficult. Since this topic is in great demand, the button for filing an electronic claim will be visible. Here you should carefully read the fields of the electronic form and fill them with the appropriate information. Here you will need to check the box next to one of the methods for delivering a response from the inspection. After sending, department specialists will have one month to conduct an inspection and respond to the applicant. This period, by the way, applies to any method of delivery of the claim.
If the claim is not at the correct address, the inspection will redirect the electronic document to the appropriate address and notify the applicant about this.
The issue of anonymity of the complaint
The Labor Inspectorate, however, like other competent authorities, does not consider anonymous letters. You will have to introduce yourself completely. However, you can demand confidentiality by writing in the application: “When checking the facts I have stated, I ask you not to disclose me as an applicant to the employer. When sending electronically, it is possible to check the appropriate box. Judicial practice for delay in dismissal due to “slider”
This is also important to know:
What certificates must an employer issue when dismissing an employee in 2021?
How is Article 84.1 of the TCRF violated by an illegal requirement to fill out the “slider”? They issue a work pass on the day of dismissal and require that it be filled out immediately. Often, to do this, an employee needs to run around all the company’s branches, which are geographically located in different parts of the locality. He may not physically make it. The HR department does not issue labor records, and the accounting department does not make full calculations. As a result, when the slider is filled out and presented to the personnel officer, the deadline for terminating the contract will have already expired.
The court will evaluate this fact unequivocally: illegal retention of an employee, for which Article 5.27 of the Code of Administrative Offenses of the Russian Federation prescribes a fine and compensation for forced absences (Article 234 of the Labor Code of the Russian Federation). In addition, the employee may demand compensation for moral damage (Article 237 of the Labor Code of the Russian Federation).
Example
Locksmith P. filed a lawsuit against OJSC Varyag. The basis for the offense was:
- a different date for termination of the contract was added to the labor contract, which does not correspond to the real one;
- There was a delay in issuing the work permit.
The plaintiff worked in Varyag from 06/01/2017 to 10/14/2018. According to the order, he was fired on October 14, 2018. But at the time of writing the claim, on November 10, 2018, the employee had not yet received it. Despite P.'s demands, the Plaintiff explained that the employer requires a workaround.
On the last working day, the librarian (on vacation) and the caretaker (on sick leave) were absent. As a result, the work permit was not issued. No bypass - no labor. P. Came three times at different times to get the book, but was refused. That's why he went to court. The court fined the lost employer fifty thousand rubles.
Walk-through sheet for students
Before issuing a diploma or transferring to another university, the student is also required to make a detour. Moreover, students are also not required by law to formalize it. In this case, it is illegal to demand unquestioning fulfillment of the dean’s requirements. Order of the Ministry of Education and Science of the Russian Federation dated March 10, 2005 N65 obliges the issuance of a diploma with an insert no later than ten days from the date of signing the order to issue the diploma. If a student owes money to the university, all claims are resolved in court.
They refuse to issue a diploma? You should write an official appeal to the rector of the university, referring to the 65th order. No reaction? They write to the prosecutor's office.
