Bypass sheet upon dismissal: mandatory or not, sample for downloading

Most institutions, when dismissing an employee, issue the dismissed person with a bypass form, which must be completed before terminating the employment agreement. Such a form is usually handed to the specialist who has submitted his resignation during the final days of his work at the company.

Each service must sign the form, confirming with its signature that there are no claims against the outgoing employee in terms of material and financial debt.

Contents of the document

The employer has the right to determine the legal and actual content of the document. It establishes the degree of responsibility of the employee for the improper expenditure of “government” material assets. The extent of responsibility is established depending on the specifics of the employee’s position. The bypass sheet is given to the employee against signature.

The document structure contains the following elements:

name of the employer - the organizational and legal form of the company, the legal and actual address of its location - including if the function of the employer is performed by a branch or representative office of the company;
information about the authorized representative of the employing company - full name, basis of the representative office - information about the constituent document of the company, etc.
information about the employee’s responsibilities - information about the departments from which approval is required, approval of information for which the employer is responsible;
data on employees’ fulfillment of necessary requirements - timely delivery of property, settlement of debt to the employer in the form of financial liability;
a note indicating that the employee has fulfilled the employer’s requirements to comply with property standards.

The content of the bypass sheet is at the discretion of the employer. He may oblige the employee to visit all departments of the enterprise, including:

production and technical department and other industrial, service segments in which the employer performs its direct responsibilities;
management department - receiving reports to management personnel and other responsible persons to whom the employee was subordinate.
medical, legal departments - where information about medical documentation is contained. The employer’s compliance with mandatory requirements for filling out primary financial and other documentation is taken into account;
accounting department - an employee can fill out invoices, delivery notes, and other primary documentation. The accountant also monitors the correctness of financial and accounting documentation.

The full list of company departments that the employer must visit is agreed upon individually. The employee may also be required to visit the technical control department or the external security service. The legal and factual nuances of signing the bypass sheet must be agreed upon even before the termination of the employment agreement.

The procedure for endorsing a bypass sheet

The employer is obliged:

Provide the employee with the opportunity to complete the necessary registration and other procedures. Some employers and (or) employees wait until the last minute to sign the bypass sheet and try to close it on the last day of dismissal. The head of the enterprise may deliberately delay payments, citing the lack of a bypass sheet. In such a situation, you should not hesitate to sign the document and fill out its sections in a timely manner.
Accept the completed worksheet from the employee and endorse the signature of the responsible employee. If the enterprise provides a stamp in each department, then the employee must affix it in each department that needs to be visited when signing the worksheet. Each segment of the document must be signed by the responsible specialist.
Issue invoices, work books and wages in a timely manner. Delaying the process of financial payments is not allowed.

Expert commentary

Kireev Maxim

Lawyer

A signed walk-through sheet must be provided to the Human Resources Department. Other documentation may also be provided there confirming that the employee has fulfilled his material and other obligations to the employer, which do not prevent the termination of the employment contract.

Possible difficulties

They consist in the employer’s refusal to provide the employee with the payment due. Sometimes the head of an enterprise can blame an employee for property and other losses that were allegedly caused due to the specialist’s dishonest performance of his duties. The employer may accuse him of embezzling funds and oblige him to pay for the missing assets using his personal money. The legality of such actions is questionable and subject to challenge.

If the employer or other employees refuse to sign the bypass sheet and issue a settlement, then the employee must protect his rights in an administrative or judicial manner. In the first case, the employee needs to protect his rights at the labor inspectorate. It is possible to seek help from a labor inspector through a virtual reception or write an application in person or through a representative. Citizens' appeals must be considered.

The employee must submit an application to the regional labor inspector. It is necessary to indicate the grounds for the appeal and indicate the offenses committed by the employer during the settlement relationship. Refusal to sign a bypass sheet does not mean that the employer may not fire the employee and delay the labor relations process. If this happens, the labor inspector has the right to conduct an unscheduled inspection of the employer’s enterprise and bring the official to administrative responsibility. It can be 20-50 thousand rubles.

The employee also has the right to file a complaint with the prosecutor's office. The document may also be submitted in electronic or written form. The complaint must indicate the grounds that led to the appeal. The document review period is 15 days. The period may be extended for the same period if additional verification is necessary.

If the complaint is found to be well-founded, the prosecutor has the right to make a motion to eliminate the offense. The employer is given a deadline to issue the employee a payout. If the head of an enterprise ignores the legal requirements of supervisory authorities, then he, as an official, may face criminal liability for late payment of wages.

The employee has the opportunity to protect his rights in court. The statute of limitations for such cases is one year from the date of the offense. The statement of claim is filed at the location of the defendant or the place of execution of the employment contract. The document should indicate the grounds for the appeal, the amount of wage arrears that the employer is obliged to pay to the employee in full.

Expert commentary

Platonov Alexander

Lawyer

The statement of claim is not subject to state duty and is considered within three months from the date of receipt or within another reasonable period. If the court makes a positive decision in the case, then the employer is obliged to fulfill it in a timely manner: accept a bypass sheet from the employee, issue timely calculations and other compensation payments. The employer also has the right to demand compensation for material damage from the employee after dismissal. The statute of limitations for such cases is one year (Article 392 of the Labor Code of the Russian Federation).

https://youtu.be/JUuamD_hPd0

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.

The procedure for preparing a bypass sheet

The form of the sheet is issued to the resigning employee by the OK inspector. Usually, a single copy of the bypass document is issued; if necessary, the employee can make a copy for himself before submitting it to the OK. This will allow him to subsequently avoid unfounded claims from his former employer.

The obligation to draw up this document is included in the terms of the employment contract upon its conclusion with each employee. At the same time, depending on the work he performs, the required signatures of officials and their number on the worksheet may change. The employer can set them individually.

Mandatory signatures usually include the following:

the immediate supervisor under whom the employee worked. He must record the transfer of current affairs, reports on the completion of recent work and acts of their delivery;
accountant responsible for the material assets of the enterprise. It certifies that the employee has handed over all valuable items belonging to him and used in the process of work;
the responsible representative of the equipment department involved in logistics, He certifies the acceptance of the equipment and office equipment used by the employee;
OK inspector recording the delivery of documents.

The employee passes the bypass sheet, filled out by all involved managers, to the OK, where it is filed among other documents stored in the personal file. The storage period is determined by the records management of the personnel service. Typically it lasts three years, and then the documents are transferred to the archives.

By signing, each official confirms that the employee has no obligations towards the employer. If during the process of signing the “runner” any debts of the employee are identified, then he is obliged to close them before the dismissal.

Do I need a bypass sheet when dismissing an employee?

This document is not required when terminating an employment contract, but its presence makes life much easier, for both parties, when terminating the employment relationship. After all, a subordinate can literally forget that to enter the office he uses a plastic card that was issued to him by his employer. And when he quits, he will remember this after meeting with a responsible employee from the logistics department.

And there is nothing humiliating or offensive in the fact that the employer wants to prevent the loss of property for which he paid his money and entrusted it to his employee for the period of performance of his official duties. Normal workers treat this with understanding. Thus, the bypass certificate for dismissal retained its legality in 2020.

Is it legal for the employer to request a work pass?

The procedure for dismissing employees is regulated by the Labor Code of the Russian Federation. In accordance with the provisions established by this document, dismissal is carried out on the basis of an order issued by the employer. Notification of termination of employment must occur two weeks before this event, provided for the employee’s last work at the enterprise. Upon completion of work, the employee is required to issue his work book and pay the accruals required by law.

The unspoken practice of dismissing an employee in the Russian Federation involves presenting him to the management or the HR department of the enterprise with a bypass sheet signed by all interested services with which he interacted in the process of work. Let's see if this is legal.

What if an employee refuses a bypass sheet?

Is it legal if an employee refuses to issue a bypass sheet upon dismissal, or does not manage to do it on time, and the administration tries to delay the dismissal and not hand over the work book or paycheck money?

However, this behavior of the administration is wrong. The Labor Code does not establish such a mandatory document as a bypass sheet. This regulatory act does not indicate anywhere that an employee can resign only by formalizing it. On the contrary, the Labor Code contains clear instructions - on what day the payment must be issued, and on what day the dismissal must be made.

If an employer delays dismissal due to an unformed notice, he thereby violates the Labor Code. In court proceedings, this will be regarded as detaining a person and depriving him of the opportunity to work.

Typically, such an offense is punishable by the Code of Administrative Offenses - a fine, as well as payment to the injured employee of compensation in the form of the average salary for all days of delay in dismissal.

Attention! A resigning employee can complain about unlawful actions of the administration to the labor inspectorate. He must submit a written statement outlining all the circumstances of the violation.

Since the Labor Code of the Russian Federation does not contain the concept of a “bypass sheet” as such, the Labor Code of the Russian Federation does not contain any obligation to fill it out.

But even if there is such a requirement in the local act, the employee may well refuse to sign the bypass sheet without any consequences.

The employer’s arguments that if the bypass slip is not signed, wages will not be paid for the time actually worked or the work book will not be given back, are absolutely untenable and have no legal basis.

And all because the procedure for terminating employment relations is regulated by Art. 84.1. Labor Code of the Russian Federation and is clearly defined. After receiving a letter of resignation and the expiration of work, the employer is obliged to issue an order to terminate the employment relationship, and on the last day of work - to hand over the work book and other papers related to the work.

Also on the last day, compensation for unused vacation is paid and final payment is made in accordance with Art. 140 Labor Code of the Russian Federation.

Another thing is that the employee’s refusal to sign the bypass sheet is completely groundless, but here’s why:

if there is no debt to structural units, signing the bypass form will take a little time, but the employee will be able to calmly quit and not get into protracted conflicts with the employer;
if there is debt, refusing to sign a “slider” will still not save you from returning material assets (why it won’t save you, see below).

In addition, refusal to sign the “slider” will not relieve the employee from administrative or criminal liability if an offense or crime is found in his actions of non-return of valuables (see, for example, Article 7.27 of the Administrative Code, Articles 158, 159 of the Criminal Code of the Russian Federation ).

If the employee does not sign the bypass form, the employer cannot in any way limit the employee’s legal rights to dismissal upon expiration of the work period.

delay the transfer of the work book and other documents directly related to the work	Part 1 Art. 5.27. Code of Administrative Offenses - a fine for legal entities from 30 to 50 thousand, for individual entrepreneurs - from 1 to 5 thousand.
delay the transfer of wages on the day of dismissal and other required benefits	part 6 art. 5.27. Code of Administrative Offenses - the fines are the same as under Part 1 of Art. 5.27. Code of Administrative Offenses

Therefore, if an employee refuses to sign the “slider”, one should not waste time, but immediately after recording the refusal, begin to determine the amount of harm caused in accordance with Art. 246 Labor Code of the Russian Federation.

In order to determine damages, the employer:

requests from the employee a written explanatory statement regarding the reasons for the non-return of material assets;
creates a special commission with the involvement of relevant specialists (clause 1 of Article 247 of the Labor Code of the Russian Federation) if the employee refuses to give a written explanation.

If the working period has not yet expired by the time the decision on the amount of damage is made, and the amount of damage does not exceed the worker’s average monthly earnings, recovery is made by order of the employer.

The employer’s right to recover from the employee all unreturned valuables will apply regardless of whether the employee quit or is still working (clause 3 of Article 232 of the Labor Code of the Russian Federation).

So, the concept of “bypass sheet” is not enshrined in the Labor Code of the Russian Federation, however, the employer can put the document into effect by local regulations.

The obligation to fill out the “slider” cannot be assigned to the employee, but failure to fill it out will not exempt him from compensation for damages if the employer goes to court.

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 to fill out a bypass sheet?

There is no specific form to fill out, so it is best to choose the most suitable one. The report must include the employee’s full name and position

and
the reason
for leaving.
When creating a slider, it is best to place all the data in a table. Fill out the first column with the responsibilities
of the person leaving, and the second
with notes
on their fulfillment, dates and signatures of managers. Most often the document is signed:

Human Resources Department.
Technical support department.
Occupational Safety and Health Department.
Accounting.
Library.

All organizations usually have their own rules for filling out or a sample form. The bypass sheet upon dismissal may include records of receipt of a work book, a certificate from the tax office and the full name of the new worker to whom the workplace is transferred.

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.