Bypass sheet upon dismissal: sample and what it is, what is it for, when is it issued to the employee, is it mandatory or not, is it legal, what to do if it is not signed?

What is it: basic principles

Despite the fact that most organizations issue a bypass sheet (“slider” in simple words) when an employee leaves, it is not a legally required document. For dismissal it is enough:

presence of signatures in the dismissal order (what papers does the employee sign upon dismissal?);
issuing a work book (read about what a copy of a work book is and when a dismissed employee needs it here);
full material calculation.

The entire procedure for dismissal at will or for other circumstances is spelled out in detail in the Labor Code of the Russian Federation, Art. 84.1. There is not a word about the bypass sheet, but it clearly states that the work book must be returned strictly on the day of dismissal, regardless of the signing of the sheet. The “runner” is essentially a formality.

The accounting department will provide an act of acceptance and transfer of material assets with a list of what needs to be returned and written off from the employee. The employee himself is not exempt from the obligation to return all the property that he used at work, even if he refuses to collect signatures for the “runner”.

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.

Why does an organization need a “runner” from a resigning employee?

The feasibility of the bypass sheet is determined by the following factors:

Make sure that the employee has handed in all work supplies.
Confirm the fact that all powers and responsibilities have been transferred to the new employee, if there is one.
Document that the dismissed employee’s rights to use work items, equipment, access to internal corporate information, etc. are terminated.

All this is necessary to ensure that the employee left the workplace safe and sound, and neither party has any claims against each other.

A completed bypass sheet guarantees the employee no claims from the former employer regarding material assets provided for the performance of official duties.

When is it appropriate to issue a bypass sheet?

Expert commentary

Gorbunova Olga

Lawyer

The requirement to issue a bypass sheet will be legal if it complies with the internal order of the enterprise, developed in accordance with Article 8 of the Labor Code of the Russian Federation, which does not contradict the law. The order must contain the approved form of the document and the procedure for filling it out. Most often, this practice is used for employees of government bodies, including various departments, including various line ministries.

In such government bodies, the use of internal regulations, which approve the use of a bypass sheet for dismissal, is advisable. The content of internal orders usually includes a requirement upon dismissal of civil servants to hand over to responsible employees material assets, important documents, service identification cards and the transfer of valuable official information to successors, which is confirmed by the signature of the responsible person in the corresponding column of the worksheet. The completed bypass sheet must be submitted to employees no later than the day of actual dismissal. This condition is also usually included in the content of the internal order.

How is it compiled?

Due to the fact that labor legislation in no way regulates the concept of “bypass sheet,” this document does not have a specific sample or established form. Therefore, the sheet looks the way the organization itself establishes, and it is compiled in accordance with internal local acts.

The worksheet usually indicates the following:

Full name of the resigned employee, his position.
Name of company.
The date the employee was fired and the date of their last day of work (usually the same date).
Confirmation of the fact of delivery of work property in full order and safety and the absence of debts and shortages.
A list of all departments that need to be visited and the signatures of their representatives.
A note on the issuance of a work book signed by an employee and a representative of the HR department.

Which departments does an employee bypass when leaving?

The list of departments interested in issuing a bypass sheet is similar in most companies. It includes:

the head of the department in which the employee works - certifies that all reports have been submitted, and important documents have been transferred to the successor;
HR service employee – confirms that all necessary documents have been submitted;
accounting employee - confirms the absence of debt on advances entrusted to fixed assets;
warehouse worker - certifies whether the employee has any undelivered tools or equipment;
IT service specialist – checks the delivery of SIM cards, disconnection from remote access to company programs and services, return of business mobile phones and laptops;
The security worker usually signs last, confirming that he has checked that there are no various risks to the company after the employee leaves.

Design features

The bypass sheet indicates the units whose representatives must sign the document. Thus, the slider is usually signed by employees of the following departments:

accounting;
technical and material support department;
administrative and economic department;
departments where the resigning employee directly worked (signed by the director or manager).

The employee hands over his official ID, documentation, material assets and office supplies and receives a signature on the walk-through sheet.

If a shortage is detected, the employee is obliged to pay financial compensation to the organization for the damage incurred. Otherwise, this amount will be withheld from the payments due to the employee. The employer has the right to go to court with a demand for compensation (Article 248 of the Labor Code of the Russian Federation).

Is it necessary to sign the “runner” or not?

There is a certain category of enterprises and organizations, upon dismissal from which, signing a bypass sheet may be mandatory. This applies to:

government agencies;
law enforcement services;
military organizations, etc.

For ordinary commercial enterprises, regulations do not establish requirements for filling out a bypass sheet. However, they must issue a work book within the period established by law (what documents are issued upon dismissal?).

In the event that the employer violates the norm of Art. 84.1 of the Labor Code of the Russian Federation, and he does not issue a work book on the day of dismissal, he may face:

Administrative liability in the form of a fine, the amount of which varies:
from 30 thousand to 50 thousand rubles for a legal entity.
Increased fines for repeated violations:
- from 10 thousand to 20 thousand rubles for officials and individual entrepreneurs;

The fine for an official may be replaced by disqualification for up to 3 months.

These measures are regulated by Art. 5.27 Code of Administrative Offenses of the Russian Federation. However, in practice, it is easier for a person to go around all departments and collect signatures than to discuss the legality of this document and its expediency with his superiors, thereby delaying the process of leaving work.

In the event that a person received more than just a “white” salary, voluntary filling out the “slider” is even more relevant. In the event of a conflict, the employer can only pay the official part of the salary, and forcing him to pay the rest will be problematic.

Is it possible to quit without it?

From a legal point of view, no bypass sheet is required at all . However, in practice, many are faced with this problem, and often HR employees refuse to issue a work permit without a bypass sheet. This mainly applies to those employees who must confirm the fact of delivery of official property safe and sound.

As mentioned above, a bypass sheet is required to be filled out when leaving the civil service and some other categories. However, of course, they can dismiss a citizen without a completed bypass sheet, both on the initiative of the manager himself and on the initiative of the employee if he categorically refuses to fill out such a document.

Legality of the paper: is the requirement legal?

Let's consider whether the document is legal. The absence of a bypass sheet does not entail any negative consequences from a legal point of view. If the sheet is not signed, the management does not issue a work book, and the financial department does not pay money for the period worked, then this is a violation of the law.

The employer does not have the right to force an employee to fill out a bypass sheet. An employee can appeal to the labor inspectorate or court if the work book is not issued on time. This is a winning case, since the fact that the employer violated the law is obvious.

Can they refuse to issue a work book without it?

The manager does not have the right not to issue a work book without a bypass sheet. The employer must issue it strictly on the day of dismissal. If this is not possible, for example, the employee did not come for it, the employer must send the employee a notice of the need to appear for the work book or agree to send it by mail. These requirements are specified in Art. 84.1 Labor Code of the Russian Federation. On its own initiative, the employer cannot delay the issuance of the work permit.

Payment delays

Delays in payments due upon dismissal due to failure to submit a bypass sheet, as well as delays in issuing a work book, are unacceptable. When terminating an employment contract with an employed person, the organization must make a final settlement with the latter. If a dispute arises between the parties regarding the amount of payment, the organization is obliged to transfer to the employee the part regarding which there is no disagreement.

If management delays payment to a person who has not submitted a bypass certificate, this is a gross violation of labor laws. For such behavior the violator faces:

administrative responsibility – Art. 5.27 Code of Administrative Offences;
financial liability – Art. 236 Labor Code of the Russian Federation.

Administrative liability provides for the imposition of a fine on officials - from 10 to 20 thousand rubles, on individual entrepreneurs - from 1 to 5 thousand rubles, on an organization - from 30 to 50 thousand rubles.

Financial liability for delayed payment of wages involves the accrual of a penalty in the amount of 1/150 of the Central Bank rate in force for this period of the amount not paid on time.

When is it signed?

As a rule, the sheet is issued in advance and signed within the last two working weeks , so that the resigning person has time to visit all specified departments and authorities. However, this is not the case at all enterprises. Somewhere the sheet is issued on the last day.

If the sheet is signed during the last working day, difficulties may arise. Eg:

the official whose signature is required may be absent;
or a shortcoming on the part of the employee is revealed, requiring a long-term investigation.

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.

Storage periods and procedures

The management determines independently how long the bypass sheet should be kept . After signing, the “runner” is handed over to the HR department, where it is placed in the employee’s personal file. Typically, these sheets are stored for three years, after which they are handed over to the archives or remain in the frames. All this is regulated:

internal acts;
rules of record keeping;
general provisions on storage of documentation.

A dismissed employee has the right to demand a copy of the bypass sheet in order to protect himself in the future from any claims against him.

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.

This is also important to know:
How to resign as the general director of an LLC at his own request and not end up in court

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.

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.

The legislation does not limit the list of documents and certificates that an employee has the right to demand from an employer, provided that they relate to him personally and his last name is indicated in them. How to fill out an application for the issuance of papers upon dismissal, as well as how to prepare a pay slip and write a letter of recommendation - read in our materials.

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.

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.

How do things work in practice?

In practice, almost all dismissed employees are subject to the employer’s requirement to submit a mandatory work pass. It is very simple to explain this trend. If an employee is sure that he has no debt, it is much easier for him to obtain the necessary signatures in several departments than to go into conflict with management, even if it is almost former.

A fully completed and timely submitted “runner” significantly increases the chances of:

to receive a positive reference from the last place of work for the future employer;
on the refusal of the organization to bring any claims of a material nature against the former employee after the termination of the employment relationship.

If the employer and the hired person parted ways amicably, then most likely the employee will without any problems receive a good review of his professional qualities from the previous management. In addition, if the administration accepted a workaround, this actually means that the fired person does not owe anything to the organization.

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.

This is also important to know:
Dismissal order

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:
How compensation is made for unused vacation upon dismissal

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.

Law and legality

To assess the legality of the employer’s demands to provide a bypass sheet, let’s turn to labor legislation.

It sets out the requirements for the employer: issue a work book to the dismissed employee, make payments of wages, compensation for unused vacation and provide certified copies of documents related to the performance of work.

In fact, in order to resign, an employee does not have to provide any documents at all. The law does not contain a single term for a bypass sheet, much less a requirement to provide it, with a few exceptions that apply to civil servants.

So, an employee can resign without providing a leave slip - it is impossible to oblige him. Moreover, it is prohibited to threaten an employee with delays in compensation payments, wages, delay the issuance of a dismissal order, or impose a disciplinary sanction.

Such measures on the part of the head of the organization may entail an administrative fine in a maximum amount of up to 50,000 rubles, an obligation to pay monetary compensation for violation of moral damages and other harm to the employee (if the latter files a civil claim with a judicial authority).