Bypass sheet upon dismissal: samples, examples, necessity

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.

Is it possible to refuse to fill out a bypass sheet?

Dismissal without a work permit is quite possible, but here the employee faces several troubles:

1. The employer has the right to deprive him of the bonus established by local regulations, and not laws.
2. If a shortage is discovered after dismissal, they may be held financially liable.

An employee who refuses to fill out the slider must be fired according to the Labor Code of the Russian Federation in any case, regardless of the reason: at his own request, on the initiative of the employer, or by agreement of the parties.

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.

What is it and what is it for?

A bypass slip is a document that is handed to a resigning employee in order to confirm that the employee has no debt to the structural divisions of a particular company.

A bypass sheet is required:

The procedure for issuing a bypass sheet

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

1. 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.
2. 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.
3. 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.

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.

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).

Who issues the bypass sheet and when?

The dismissal is formalized in the personnel department of the organization or by the employee who is entrusted with the functions of personnel records. Therefore, they should be the ones to issue the bypass sheet.

It is necessary to give the “runner” to the dismissed employee in advance so that he has the opportunity to obtain all signatures before the date of termination of work. The date of issue depends on the size of the company and the number of people with whom the dismissal must be agreed. In a small organization where this can be done in one day, it is acceptable to issue it on the last working day. In large cases, this period increases to reasonable limits.

But the employer does not have the right to delay the issuance of the work book and the final payment if the employee did not submit the bypass sheet on the last day before dismissal. The organization is obliged to adhere to the general procedure for dismissal, enshrined in Part 4 of Art. 84.1 of the Labor Code, where this document is not mentioned.

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.

Failure to issue documents upon dismissal: judicial practice

Claims against employers for the return of work records, compensation for lost earnings and compensation for moral damage are not that rare. Here is one such example:

The man worked in the organization, then decided to quit of his own free will (suggested by the employer). He handed over the work CCP, but did not sign the transfer deed, believing that he could trust his colleagues.

On the last working day, the employer refused to return his work book because the bypass sheet was not signed.

In court, the former employee demanded the return of his work book and the recovery of 129,000 rubles. from the defendant as lost income, because all the time the plaintiff could not find a job. I also wanted to seek compensation for moral damage - 150,000 rubles.

By decision No. 2-2662/2020 2-2662/2020~M-2187/2020 M-2187/2020 dated July 7, 2022 in case No. 2-2662/2020, the requirements were partially satisfied. The defendant was ordered to return the work book to the plaintiff within 10 days from the date the decision entered into legal force, and also to pay 3,000 rubles. compensation for moral damage. The remaining demands were denied.

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.

How to issue an order to approve the form?

A special form for an administrative act regulating the form of a bypass sheet in a particular organization is also not established by current legislation. Accordingly, the employer can independently apply any version of such an order.

An important condition is that this act must comply with the requirements and rules of document flow adopted by the company.

Such an order may contain the following recommended information:

1. Company name.
2. Title of the document (order).
3. Date of registration (issue) of this administrative act.
4. Registration number of this paper (for the company register).
5. The essence of the document. It is necessary to indicate what exactly it regulates, prescribes, approves.
6. An instruction on the need to use a specific form for a bypass sheet in case of dismissal of an employee. The form of such a sheet and detailed instructions for filling it out are given in the appendix to this order.
7. List of persons responsible for the implementation of this administrative act.
8. Signatures of subjects interested in the execution of the order.
9. Visa of the director who directly approved these regulations.

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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.

Duration and storage of bypass sheets

The document is not formalized, therefore it does not have its own storage period. The organization has the right to independently approve the procedure for filling out and storing bypass sheets. But in most cases, one should rely on the deadlines accepted in office work.

The bypass sheet can be classified as personnel records documents that are not part of personal files. Accordingly, storage must be provided by the personnel department of the organization. Its period is indicated in the List of Standard Documents and is 3 years. After the specified period, they are transferred to the archive.

Sample of drawing up a bypass sheet

From the point of view of standard office work, the document has a completely normal structure.

1. At the beginning, in the middle of the line, the full name of the organization is written in it, then just below the name of the document.
2. Next, indicate the position, surname and initials of the resigning employee, as well as the date of his dismissal.
3. After this, all structural divisions that the employee must bypass are entered into the form. Opposite each of them, the corresponding manager must put his signature with a transcript.
4. Next, the bypass sheet is signed by the head of the company and then it is handed over to the person leaving for signature so that he can certify the fact that he has received his work book.
5. Finally, the document must be dated.

Is this a mandatory document?

The law does not determine the obligation to issue a bypass sheet when performing the dismissal procedure. The employee has the right to refuse this, and the administration of the subject does not have the right to in any way prevent his dismissal, delay the issuance of labor or payment of the settlement amount.

This document may be mandatory only in certain cases relating to the civil service. For example, its completion is required by the Instructions for Personnel Management in the Federal Service for Environmental, Technological and Nuclear Supervision.

What the form looks like, download word and sample form

In the Labor Code of the Russian Federation and other legal acts regulating labor law norms, the very concept of “bypass sheet” is absent. Therefore, there can be no talk of any unified form.

Only legislative acts of individual departments may contain the above mentioned references in one way or another (see, for example, paragraph 16 of Order No. 63-od of the FSMTC of the Russian Federation dated September 14, 2009 “On approval...”).

Usually, the employer independently develops the form and its main elements.

Here you can download in Word a sample bypass sheet upon dismissal, developed according to one form, and below, see another form.

As you can see, the first form of the “slider” is designed on 1 sheet of A4 format, containing two tabular parts:

• in the 1st part, the full name of the resigning employee, his personnel number, the department where he worked, position, date of dismissal and details of the order are indicated in the T-8 form or on your own;
• in the 2nd part there are 5 columns in which information is entered about the department to which the employee needs to report, the full name and position of the person authorized to confirm the absence of debts, the signature of such a person and a mark indicating the absence of debt (for example, a cross or a tick).

The second form of the “slider” is more detailed and contains, in addition to the above details, also:

• name of the employer indicating the organizational and legal form;
• column for entering information about the date on which the official verified the absence of debt.

We also see that the bypass sheet for the second form includes information about specific material assets that were not handed over by the employee.

This is very convenient - the resigning employee immediately upon receiving the “slider” in the personnel department sees what needs to be submitted in order to resign without any problems.

Do I need to sign?

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.

However, the requirement to fill out the “slider” may be stipulated in the employer’s local regulations.

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 ).