Worksheet when applying for a job: sample filling

Typically, a bypass sheet is filled out by an employee upon dismissal. The information contained in it indicates that the employee has fulfilled all his obligations to the company, for example, returned previously issued work clothes, equipment or consumables. However, sometimes you have to fill out a bypass sheet when applying for a job. As a rule, it is needed in the opposite situation - when it is necessary to record that the employer has taken the necessary actions: briefed the new employee, gave him tools, transferred work, etc. If material assets are transferred to the employee according to the bypass sheet, responsibility for them also passes to him.

On the legislative regulation of the application of the document

The heads of each department of the organization are responsible for filling out the walk-through form. The employees themselves are not responsible for this. The bosses make notes that the citizen did not damage the property and that no thefts were noticed.

In the case of hiring, the document records the transfer of responsibility for material assets from one citizen to another. When the document is signed, it will be accepted that:

  1. The citizen agrees with the requirements that the employer listed in the workaround.
  2. Safety requirements were studied.
  3. Cases were accepted from a predecessor, another authorized person.
  4. The citizen agrees to accept responsibility for the equipment and materials at his disposal.

The law speaks of the voluntary nature of any bypass sheets. But there is a high probability of refusal to hire for those who do not agree to fill out the document themselves.

The procedure for document execution is not strictly fixed at the legislative level. Therefore, it is recommended to regulate the issue with the help of local acts adopted at the enterprise.

What does the Labor Code say about the bypass sheet?

As such, a “bypass sheet” simply does not exist in our Labor Code. And, according to the law, it is not a mandatory document.

What are the consequences for an employer of requiring a mandatory worksheet and refusing to issue an employee a work book and pay slip due to his absence?

This requirement relates to administrative offenses and the employer is subject to the following liability:

  1. A fine is imposed; for enterprises, it amounts to 30-50 thousand rubles, and from 1 to 5 thousand rubles for officials.
  2. It is possible to suspend the company's business activities for up to three months.

But, as practice shows, dismissal at almost any enterprise in Russia is accompanied by filling out a bypass sheet. Because of this, the procedure for dismissing an employee, which is regulated by Article 84, paragraph 1, of the Labor Code of the Russian Federation, is often violated. The employee does not receive his work book and paycheck in a timely manner.

What’s most curious is that almost all employees agree to this. In most cases, this occurs due to the employee’s ignorance of the Labor Code and their rights and obligations.

The Labor Code says clearly and definitely that the employer’s requirement to fill out a bypass sheet is absolutely unlawful and threatens him with penalties.

In some cases, the law still makes an exception regarding the legality of filling out a bypass sheet upon dismissal, but this applies only to state enterprises and their employees.

Employees in the following industries are required to submit a bypass sheet upon dismissal:

  • Federal Service for Military-Technical Cooperation;
  • FMS central office;
  • Federal Tariff Service;
  • Ministry of Tourism, Sports and Youth Policy of the Russian Federation.

Upon dismissal, employees of these structures must hand over their official identification, documents and material assets used by them in the performance of their work duties.

What are the requirements for bypass sheets?

Each enterprise has the right to establish its own sample document; there is no unified form. But the following information regarding employees is present in most of these papers:

  • A note about the transfer of documentation to a subordinate who left earlier.
  • Table for making additional edits.
  • Calculation date.
  • Name of the enterprise, in full form.
  • Job title.
  • Indication of full name.

The size of the table may vary depending on the number of departments whose heads take part in the design.

Main nuances when designing a sheet

There are no special criteria for both the content of the approval sheet and its design. It can be created manually or on a computer, on an ordinary sheet of paper or on company letterhead. The main thing that needs to be observed is that all signatures are available and in their original form.

It is unacceptable to let any of the responsible employees through, much less forge their autographs.

It is not necessary to certify the form of the approval sheet using the seal or stamp of the organization, since since 2021 legal entities have the right to use stamped products only if this rule is enshrined in the internal regulations of the company.

The sheet is usually prepared in a single copy, but if necessary, additional copies can be made to it, certified by the responsible employee.

Who can be included in the document?

The officials of the structural divisions are indicated in this type of paper the same. It doesn’t matter whether we are talking about hiring or dismissal. There are only a few exceptions related to the peculiarities of the work of a particular organization.

  1. Direct supervisor for a specific citizen . After all, he himself controls the provision of new jobs. Responsible for getting to know the heads of other departments within the enterprise structure. The same goes for introducing a new employee to other subordinates. If necessary, senior managers are also described.
  2. HR department employee . He confirms that no serious violations were committed during the registration process. There are no questions regarding documents accepted from a specific person. Proves that the citizen has been familiarized with all local regulations.
  3. Accountant . Accounting is also notified of the hiring of a new team member. For this purpose, the accompanying documentation is transferred by the HR department. The information is then entered into accounting.
  4. An employee from the logistics department . Issues material assets that will later be required to perform duties.
  5. An employee from the labor protection department . He will confirm completion of the training on all necessary issues.
  6. Information Technology Department Representative . Provides technical equipment to perform duties.
  7. Security department representative . Issues various devices for access to interior spaces.

How to write a job application correctly

To assign a personnel number, create individual electronic keys, passwords for network access, corporate email.

The main rule when writing a letter is strict adherence to office work standards. A correctly executed and well-structured application will show the employer the competence and accuracy of the applicant.

The first block of the questionnaire contains individual data - full name, registration and residence address, passport and contact information, and so on.

It is necessary to convey to the potential manager broader information about yourself, to show the opportunity to get a valuable specialist in your person as an employee. To do this, you need to write the letter correctly.

But there are exceptions to the general rule. Some enterprises and organizations, for example, territorial bodies of Rostechnadzor, are subject to industry regulations. They directly state that it is necessary to use bypass sheets upon dismissal (Rostechnadzor order No. 372 of May 30, 2008).

The name and position of the head of the personnel service is indicated under the date and signature. If there is only one personnel officer at the enterprise, it should be him.

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The letter should be divided into parts:

  • a cap;
  • introduction;
  • main part;
  • conclusion.

Put the form into effect by order for your main activity. Draw up an administrative document in free form, indicate the name and purpose of the approved form.

The employment process is inevitably associated with the collection and preparation of a certain set of documents. Some of them can be prepared in advance, others are filled out in the personnel department. One of these is a job application, which the HR inspector often asks an applicant for a vacant job to write.

When enrolling in a company, a petition is written in free style. However, it is worth mentioning that some large institutions use their own developed forms, but this is rarely the case in life.

The applicant submits a request for admission either in advance or on the day of signing the relevant administrative document. It is important that the employment order is not issued before the date of writing the application.

Bypass forms: legality of non-issuance of a work book

If there is no bypass form, this is not a reason to delay the dismissal or refuse to issue a work book. In this regard, there is a right to file a claim in court and demand compensation. The main thing is the presence of justification.

Can they refuse to issue a work book if there is no bypass sheet?

To do this, they solve several problems:

  • The fact of violation is revealed.
  • The fact of the manager's guilt is established.
  • Determine the amount of damage.

In the case of a written application, the manager is obliged to transfer other documents to the other party if they are related to the work.

The general dismissal algorithm must be followed in any case:

  1. Termination of the employment contract. It is assumed that the unified form T8 will be used. The employee must be familiarized with the order. Separately they monitor the signature on his part. The boss makes an appropriate note if the subordinate cannot be physically present at this event. A copy of the order to terminate the employment agreement is also given to the employee upon the first written request.
  2. On the last day of work, the agreement becomes invalid.
  3. The manager returns the work book and other types of documents certified by the director’s personal signature. According to Article 140 of the Labor Code of the Russian Federation, it is impossible to do without issuing a calculation.
  4. Make an entry in the work book using generally accepted terms and definitions.

Upon dismissal, bypass sheets are not considered mandatory documents.

The general procedure for registering termination of an employment contract does not provide for the employee to fill out a bypass sheet. About this in the story below:

What is the procedure for issuing a bypass sheet?

Since the form of the bypass sheet itself is not legally approved, the procedure for filling it out is not defined either.
Therefore, we recommend that local regulations approve not only the form, but also the procedure for filling out bypass sheets. We have provided an approximate wording in the sample below. You can approve the procedure for issuing a bypass sheet and its form in the internal labor regulations or, for example, in the personnel regulations. But in any case, employees must be familiar with this document upon signature.

Receipts in the “Hotline” section

Early leave from vacation, application. Can gen. director to combine the position of chief. accountant? Hiring an employee Correction of errors Documents license agreement On issuing a power of attorney Purchasing materials through an accountable person Regional coefficient Payment of average earnings for the period of employment for the second month, if the employee is an individual entrepreneur Write-off of the deviation of the actual cost from the standard On the deadline for fulfilling the requirement to provide documents Dismissal due to reduction in period of illness About expenses under the simplified tax system About the procedure for submitting VAT declarations by tax agents starting from 2014 Rent About the calculation of VAT Sales of goods under a commission agreement VAT declaration About the transfer of an employee's salary to the account of a third party Foreign business trips Conditions in the employment contract About the payment of VAT Cash limit Fax and fax signature UTII repairs Retrofitting of OS Insurance premiums from remuneration according to GPA Standard deduction for a child Leasing Contract and salary for the general director.

Entry in the work book during transfer Transfer of an employee Calculation of maternity benefits Compensation for unused leave Depreciation of intangible assets Status of the enterprise insurance part of the pension Funds of the authorized capital Use of cash registers excluded from the state register Signing documents when the manager is on leave Verification of individual entrepreneurs.

Loan agreement between an organization and an individual entrepreneur Accounting in construction Expenses for free meals for employees Deadlines for transferring personal income tax and insurance contributions, responsibility for late transfer. Payment of dividends to the new shareholder. Compensation for fuel and lubricant expenses when an employee uses a personal car for business purposes.

How to take into account the costs of major repairs of rented premises when taxing Property tax For what period of work is compensation for leave upon dismissal due? A unified form for accounting for capital investments in leased land. How to take into account fixed assets identified as a result of an inventory.

Registration of the sale of goods in bulk Goods exchange transaction Reflection in the accounting of expenses for food for employees provided by another organization as a service Question about requalification of the lease agreement Date of recognition of intermediary income under the simplified tax system Application of cash register stamp Stamp on PKO Calculation of insurance premiums loss of the right to use the simplified tax system Level of significant error alimony Travel certificate VAT for construction work performed on the territory of the state. Registration of a secondary adjustment invoice Cash desk Sales below cost.

VAT of an agent on the simplified tax system, sale of a share, registration of changes Accounting policy Taxes for individuals when selling property Personal income tax on the cost of training an employee VAT benefit About marks on the travel certificate Incorrect legal address Can an entrepreneur with the simplified tax system switch to UTII? An employee complained to the labor inspectorate. Transfer of an employee. On the procedure for taxing the activities of a branch of a foreign organization. On the payment of excise taxes. On payments to employees during the liquidation of an enterprise. On the payment of property tax by individual entrepreneurs. Calculation of the value of net assets. Documents for the supply agreement. Return of goods. Taxation of daily allowances. License.

Double deduction of personal income tax Date of delivery of goods for registration About deregistration of cash register Payment of one-time assistance for the birth of children. Accounting Mat assistance to grandfathers insurance How to reflect in accounting. and tax accounting acquisition of the Glavbukh system? About the reflection in the accounting of a loan Foreign business trip Combination of two types of activities Income tax declaration Income code in the 2-NDFL certificate Correction of an excessively reflected expense Invoice for an advance Entry in the work book for the director, who is the only founder Separate division.

Is it necessary to sign a bypass sheet upon dismissal? Let's turn to the Labor Code of the Russian Federation. The bypass sheet is not mentioned in our legislation as a normative document. Usually these are internal requirements of the employer. The essence of filling out this document is to identify the presence or absence of debt for material assets to the company from the resigning employee.

What material assets and property of the company are usually indicated on the worksheet? Usually this:

  • pass to the territory of the enterprise;
  • service ID;
  • company reporting;
  • documents and material media containing confidential information or trade secrets;
  • funds issued on account to the employee;
  • access to the company website;
  • equipment for work (tools, laptop, mobile phone);
  • passwords for work mailboxes.

In general, it becomes clear from here that the essence of the bypass sheet is to confirm the transfer by the resigning employee of affairs, funds and information belonging to the employer.

In the HR department, the resigning employee is given a bypass form, drawn up in accordance with the company’s internal regulations.

The completed and certified form must be returned to the HR department.

Typically, it contains relevant entries by the heads of various departments about the presence or absence of material debt to the enterprise. The records are certified by the signature of these persons and the seal or stamp of the corresponding official sheet.

The employee submits the completed bypass sheet to the HR department, where it is analyzed, approved and filed in the personal file of the resigning employee. The average shelf life of this document is from one to three years.

If there is a material debt to the company, the employee is obliged to fully cover it immediately before receiving the payment and

work book

. If these are valuable things, then they must either be returned or their cost paid.

We have already talked about how exactly the procedure for issuing a bypass sheet occurs a little higher.

Now let’s look at this process in detail, focusing on the mandatory steps of the employee and employer.

So, upon dismissal, an employee must go to the HR department and receive a bypass form there to fill out.

This document is prepared in accordance with the internal regulations of a particular organization, since a single established template does not currently exist.

The bypass sheet should include the following items:

  • Information about the arrangement of the employee’s workplace, the transfer of keys to this office, the allocation of a work telephone number to the employee (if applicable).
  • Information on providing the employee with work furniture, office equipment, office supplies, and a business mobile phone.
  • Information about providing an employee with access to corporate databases and software.
  • Information on the transfer of necessary documents, provision of a seal.
  • Information about issuing a territory pass and service ID to the employee.
  • Providing an employee with access to a work email account.
  • Information on the issuance of materials and tools necessary for work (if applicable).
  • Information on providing the employee with a company car (if applicable).

Next, the employee goes around with a bypass form to all persons who must endorse with their signature the fact that the employee has handed over the files, documentation, and equipment provided to him for temporary use.

The following persons must sign the bypass sheet:

  • The employee's immediate supervisor to whom he delegates matters. He must make a note on the sheet that reports on the completion of work, current affairs and advance statements were transferred to him by the employee in full.
  • HR department inspector, who makes a note on the sheet that all necessary documents have been submitted.
  • The accountant responsible for material assets makes a note that material assets and protective clothing transferred to this employee have been transferred to an authorized person.
  • The supply department employee must make a note that the employee has transferred equipment to him, including office equipment.
  • An employee of the information technology department (chief engineer) makes a note about the transfer of office equipment and its condition by the employee.

Sample letter of admission when applying for a job

The employer has the right to include other information necessary for him in the bypass form.

The main thing you should pay attention to is that all provisions regarding the bypass sheet must be included in the internal regulations of the organization, the collective agreement and job descriptions of employees.

The employee must sign these documents and agree to the working conditions upon hiring, so that later complications with the law do not arise.

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.

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.

Additional information about the filling procedure

The employee must visit all departments related to the transfer of any documents or other material assets to his address. The signature is placed when the responsible person completes the verification of a particular fact.

To obtain a bypass form, contact the HR department at least three weeks before immediate dismissal.

The document header contains the following several sections:

  • Number of the order related to termination of the employment contract.
  • Date of dismissal.
  • Description of the position.
  • Subdivision.
  • Number according to the table.
  • Full name of the employee.
  • After this, they proceed to filling out a table consisting of several columns:
  • Signature of the person responsible for the marks.
  • Full name of the person who put the mark.
  • Job title.
  • A note about the absence of debts and transfer of affairs.
  • Indication of a specific department.

The manager has the right to refuse payment if a debt is discovered during the preparation of bypass sheets. The refusal is valid until the money is issued in full.

Why do you need a bypass during employment?

Some companies insist that a newbie fill out a walk-through sheet. The purpose of using a workaround during employment is partly similar to that signed upon dismissal.

  1. This document confirms that the new employee has accepted from his predecessor all the affairs and values, the list of which can be very diverse depending on the position or specialty of the employee. The document records the fact of transfer of documents from the resigning employee to his successor}
  2. By signing the employee’s bypass sheet when hiring him, the employer is convinced that the registration for the job was completed properly, all necessary actions were carried out in the manner prescribed by the HR department and established by labor legislation}
  3. Another important point in the application of this document. This is an opportunity to get acquainted with the management team of an enterprise or company.

The list of actions that must be confirmed by signing the sheet is approved by the employer himself. It includes not only the actions of the employer himself, but also the employees responsible for its registration. Thus, the manager can double-check how correctly and in accordance with the Labor Code employees are registered for work.

The hiring worksheet can record many actions and documents, including:

  • actions of HR specialists}
  • actions of specialists from various departments - storekeepers, timekeepers, accountants, etc.}
  • whether the employee was properly familiarized with local regulations, labor regulations, job descriptions, labor safety instructions}
  • acceptance by the employee of a pass, insurance certificate, etc.}
  • acceptance of material assets, documents that will have to be worked with in the future}
  • other actions and documents.

Which specialists sign bypass sheets?

  1. manager who directly supervises the employee. It is he who introduces the newcomer to the workplace and his responsibilities, transfers affairs from his predecessor, introduces him to the team and management}
  2. HR specialist who confirms the legality of the employee’s registration and informs the employee of all the necessary procedures and regulations}
  3. The accountant is notified that a new employee has appeared and needs to be added to the payroll list}
  4. a storekeeper who issues material assets, office supplies, special clothing, etc. necessary for a newbie’s work}
  5. Health and Safety Engineer confirms training for new employee}
  6. head of the security service responsible for issuing passes, keys, etc.}
  7. other positions at the discretion of the manager and according to the specifics of the enterprise.

By the way, the responsibilities for signing this document by the listed employees must be specified in their employment contracts.

Signing procedure

The legislation does not provide for the procedure for drawing up this document.

When hiring, the work permit is signed in the order established by the head of the enterprise and is stipulated in the company’s local documents: internal rules, orders, personnel regulations, etc.

For example, the sequence could be as follows:

  1. familiarizing the employee with the job description}
  2. familiarization with working conditions}
  3. communicating the rights and obligations of the employee}
  4. introductory training on labor protection, protective equipment, fire safety, sanitation at work}
  5. issuing a work pass in the hands of the employee for signing on the day of registration for work.

Bypass sheets upon dismissal of a serviceman: features

Such bypass sheets differ from civilian ones in that they must be filled out. Signatures must be collected several times during the service.

Here are a few situations when you cannot do without a document:

  • Upon dismissal from service.
  • Suspension of work.
  • Transfer to the Federal Executive Authority.
  • Transfer to a new workplace.
  • A mandatory stage is the surrender of uniforms, weapons, and other items, without which the performance of duties is impossible.

Possible mistakes

Grammatical errors and shortcomings have a negative impact on the first impression, so try to write correctly, briefly and succinctly, while maintaining the structure of the document.

Avoid mistakes:

combination at work

  • try not to use personal pronouns (I, me);
  • don't repeat yourself;
  • do not make a mistake in writing the addressee’s last name, first name or patronymic and in the name of the company;
  • do not correct or correct errors, it is better to rewrite the document;
  • do not write that you are easy to train (no one is going to teach you, today ready-made specialists are required);
  • Don't list your shortcomings.

Recovery of material damage by the employer from the employee and all the nuances. Correct calculation of sick leave is very important. Our detailed article was written by professionals specifically for this topic. How to resolve the issue of sick leave pay after your dismissal - read here.

About the terms and procedure for document storage

The law does not give precise instructions on how long the document must remain with the manager. Company management often resolves this issue on its own. In most cases, they rely on the standard requirements of the office management system. According to these provisions, the maximum period is three years. First, the personnel department is responsible for storage, then the documents are transferred to the archive.

The employee is required to be given a copy of the bypass; if it is returned, a corresponding requirement is made. No more than three days should pass from the moment of his written request.

Procedure and terms for storing job applications

If the applicant who wrote the application was hired, the document, along with other papers that he submitted during employment, is kept in his personal file for 75 years. Applications from candidates who were refused a job are stored for five years in a separate folder.

The law does not contain an unambiguous requirement to store personnel documentation in a fireproof cabinet or safe, but this option is optimal from the standpoint of ensuring safety and preventing theft and unauthorized access to personal data

About complaints to the labor inspectorate

The application is written against those who insist too much on drawing up a work certificate and delay the dismissal procedure. Such actions are considered serious violations of current legislation. The formal form of the complaint has not been established. Therefore, you are allowed to fill out the forms at your own discretion.

But you should not avoid some mandatory elements:

  1. Signature, date of document preparation.
  2. Statement of the claim itself, description of the illegal action.
  3. Company name with actual address.
  4. Designation of full name, telephone number and email, return address for sending replies.

The document is prepared in two copies. One of them is transferred to the second party, the second remains with the applicant. The inspector must mark it confirming receipt.

The complaint must be accompanied by an employment contract and other similar documents relevant to the case.

There are two options for sending documents:

  • By Russian Post. In the form of registered letters, with acknowledgment of delivery.
  • From the website of the regional department of labor inspection.

Anonymous messages are not considered by regulatory authorities, therefore it is mandatory to provide personal data. But you can ask for confidentiality.

Who should sign the application

There is no petition to hire a convicted person, but if the employer agrees to accept a former convicted person, it is enough to draw up a letter of guarantee.

Registration of labor relations is a formalized process and regulated not only by the Labor Code, but also by individual laws and regulations (for example, for civil servants). Therefore, different categories of employees may require a different list of documents for employment. But first, let's talk about some innovations that will take effect in the near future.

In the main part, describe your qualities, achievements, special skills that are missing in your resume. Offer to review the resume. Here you can indicate in which area you are strong. But you need to tie your strengths specifically to the company’s activities. And to do this, study its focus and possible counterparties. There are norms prescribed in regulations, and there are established traditions. The latter often not only do not comply with current legislation, but also directly contradict it. However, it can be difficult to give them up due to psychological reasons. For example, many are afraid to hire people who do not have registration at their place of residence.

Bypass sheets: practice of application

Bypass sheets are used almost everywhere in labor relations. Do they deserve so much attention? What important information is recorded in them, that sometimes without filling them out, the employer tries to keep the employee at work at any cost, even going against the current labor legislation? Are such actions legal? You will learn about this and more from the article.

Why are bypass sheets needed?

It should be noted that neither the no longer valid Labor Code of the Russian Federation nor the current Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) contain any provisions on bypass sheets. Only a few regulatory legal acts, mainly related to civil servants, contain separate references to bypass sheets, for example:

— clause 16 of the Service Regulations of the Federal Tariff Service, approved by Order of the Federal Tariff Service of Russia dated July 17, 2008 N 264-k, establishes: “Before the day of dismissal, a civil servant is obliged to hand over documents and material assets that were used by him in connection with previously performed official duties, what is reflected in the worksheet”;

— clause 16 of the Service Regulations of the Federal Service for Military-Technical Cooperation, approved by Order of the FSMTC of Russia dated September 14, 2009 N 63-od, contains a similar provision: “Before the day of dismissal, a civil servant is obliged to hand over his service ID, documents and material assets that were used by him in connection with previously performed job duties, which is reflected in the bypass sheet of the established form”;

— clause 22 of the Official Regulations of the central apparatus of the Federal Migration Service, approved by Order of the Federal Migration Service of Russia dated July 16, 2009 N 174, determines: “When a civil servant submits an application for dismissal from the civil service, he receives a bypass sheet from the Department of Personnel and Civil Service of the Federal Migration Service of Russia, before the day of dismissal, hands over documents and material assets that were used by him in connection with previously performed official duties, and on the day of dismissal from the civil service, hands over his service ID”;

- clause 2.24 of the Official Regulations of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation, approved by Order of the Ministry of Sports and Tourism of Russia dated September 15, 2008 N 24, means: “No later than the day of dismissal, a civil servant is obliged to issue a bypass sheet of the established form, hand over documents and material assets associated with previously performed official duties, and on the day of dismissal from the civil service, hand over the service certificate to the department of civil service, personnel and state awards of the Department of Administrative and Regulatory Support of Public Policy.”

In addition, mention of bypass sheets was contained in the previously valid List of standard documents generated in the activities of state committees, ministries, departments and other institutions, organizations, enterprises, indicating storage periods, approved by the Main Archive of the USSR on August 15, 1988.

The above excerpts from current regulatory legal acts indicate that the bypass sheet mainly records the transfer by the employee of documents and material assets registered with him upon his dismissal. That is, filling out bypass sheets when dismissing employees is, in fact, necessary for the employer to make sure that the person leaving before the termination of the employment relationship has transferred all the documents and property of the employer that were in his possession. Sometimes employers associate the signing of a bypass with confirmation of the transfer of cases to another employee, if this procedure is not specifically regulated in the local regulatory act of the organization.

In practice, there are also situations where bypass sheets are used when hiring an employee. The purpose of their use at this stage may be different: in part, to document the fact that the employee has received material assets and documents for the upcoming performance of work duties, as well as the acceptance of cases from the previous employee or other appointed person immediately after the hiring process.

Therefore, let’s take a closer look at what the difference is between the bypass sheets used during hiring and those issued upon dismissal.

Features of using bypass sheets

Why would an employer force an employee to fill out a walk-in form when applying for a job? 1. Firstly, the employer in the bypass sheet can record the fact of acceptance of material assets by the employee (the list may be different depending on what exactly the work of a particular employee is related to), as well as other items and documents (pass to the territory of the employer’s organization, insurance policy voluntary health insurance, etc.).

2. Secondly, he can also certify the fact that the employee properly took over the affairs of his predecessor if he was hired for a position previously occupied by a resigned employee (if the procedure for transferring cases is not prescribed in the local regulations of the employer), or another authorized person.

3. Thirdly, the employer can note on the walk-in sheet that upon hiring the employee duly carried out all the actions prescribed by the personnel department, as well as the labor protection and safety department, necessary in connection with the requirements of labor legislation.

4. Fourthly, filling out a worksheet by an employee may be the reason for the employee’s mutual “acquaintance” with key employees of the structural divisions indicated in the worksheet, which is important in large organizations, etc. Here is a sample of a worksheet, which is used in practice during admission to work (example 1).

Example 1. Walk-through sheet - when applying for a job

When dismissing an employee, the employer uses bypass sheets with even greater zeal. Why does he need them? 1. Firstly, the employer in the bypass sheet can indicate the fact of the proper return of material assets to him, as well as other items and documents received by the employee upon hiring and/or in the course of employment.

2. Secondly, he can also record the fact that the employee properly transferred the cases to the newly hired employee or another appointed person (if the procedure for transferring cases is not provided for by the local regulations of the employer).

3. Thirdly, the employer can note that the employee has submitted all reports on the work done for a certain period of time.

4. Fourthly, the employer can indicate in the bypass sheet that the employee has no other debts, etc. Let’s consider an example of a bypass sheet that can be used when dismissing an employee (example 2).

Example 2. Leave sheet - upon dismissal.

It should be noted that the list of what can be recorded in the bypass sheet is certainly not exhaustive. In other words, each employer individually determines a list of facts that is important for him and his employees, which is subsequently recorded in the worksheet. Moreover, as can be seen from the sample documents given above, sometimes employers in bypass sheets record not only the actions of employees, but also the actions of the responsible persons of the departments indicated in it. Such actions may include registering the hiring/dismissal of an employee in compliance with the procedure provided for by labor legislation, properly issuing work-related documents to the employee, manipulating the employee’s access to information resources, etc.

Thus, the employer exercises “double control”: over the employee being hired/dismissed and over the employees who, by virtue of their official duties, participate in his hiring/dismissal.

For your information. There are cases when employers, carried away by the possibilities of the bypass sheet, record in it clearly unnecessary provisions, which, in their opinion, can somehow protect the organization from employees eager to restore justice. For example, adding the following phrases to the worksheet: “The employee has been paid upon dismissal. The employee has no claims against the employer” or “The employee has received the final payment and has no claims” does not carry any practical meaning, as rightly noted in the Determination of the Moscow City Court dated October 26, 2010 in case No. 33-33478: “The fact that in on the bypass sheet, P.N., according to the applicant of the complaint, signed that she had no claims, did not make pre-trial claims, and the law does not bind her to the possibility of going to court for the protection of a violated right.” That is, any provisions enshrined in the bypass sheet that contradict current legislation will not be taken into account by the court.

An employee, using the procedure established in the organization for issuing bypass sheets, can also try to turn the situation in his direction. Let's look at an example from judicial practice (from the Determination of the Moscow City Court dated November 22, 2010 in case No. 33-33417), in which the employee failed to win the dispute. The reason for the dispute, as the employee considered, was the partial failure to fill out the bypass sheet upon dismissal.

Example 3 from judicial practice. Employee K. (plaintiff) filed a lawsuit against CB Moskommertsbank (LLC) (defendant, employer): - to make an entry in the work book about changing the date of dismissal in accordance with the date of actual issue of the work book; — recovery from the defendant of compensation for the delay in issuing a work book in the amount of 1,597,000 rubles. for 309 days of delay in issuing a work book - from 07/07/2008 to 05/12/2009; compensation for the period from May 12, 2009 until the decision entered into legal force in the amount of the average salary calculated for 12 months, amounting to 149,430 rubles; compensation for moral damage in the amount of 50,000 rubles. The plaintiff worked at the bank from May 15, 2007 as the head of the Retail Risk Department of the Risk Management Department; from 01.10.2007 to 07.07.2008 - as Deputy Director of the Risk Management Department; By order of 07.07.2008 N 922ЛС he was dismissed from his position on this date under clause 3 of part 1 of Art. 77 Labor Code of the Russian Federation.

On 02/15/2009, the plaintiff addressed the defendant with a written application for the issuance of a work book, which was not issued on the day of dismissal due to an incompletely signed bypass sheet. In fact, the work book was issued to the plaintiff only on May 12, 2009. The plaintiff argued that the defendant had the opportunity to issue him a work book on the day of dismissal, but at the same time, on the last day of work, he demanded to issue a bypass sheet. On this day, some of the officials indicated in it were not at work, and the plaintiff left without receiving a work book. According to him, before July 24, 2008, he appeared at the defendant’s place 2 more times; then he came on September 2, 2008, but he was never given a work book due to the absence of all the signatures on the bypass sheet. As a result, he was able to obtain a work book only on May 12, 2009 after contacting the chairman of the bank’s board.

The court did not agree with the plaintiff’s arguments, since during the consideration of the dispute it was established that on the day of dismissal, 07/07/2008, the plaintiff was at work, filled out a work permit, but did not show up for the work book. The court rejected the claim because it concluded that on the day of dismissal the plaintiff did not receive a work book due to circumstances beyond the defendant’s control: the plaintiff was on vacation and left work without applying for a work book. On the 3rd day, a notification was sent to him at an address known to the employer about the need to obtain a work book, but the plaintiff did not come to the defendant and did not express his consent to send the work book by mail. The plaintiff did not present evidence to the court of the refusal to issue a work book before May 12, 2009; the court did not obtain such evidence. The court did not establish on the part of the employer violations of the norms of the current labor legislation, evidence of illegal retention of the plaintiff’s work book, and therefore did not see any grounds for making an entry in the plaintiff’s work book about changing the date of dismissal in order to recover from the defendant in favor of the plaintiff compensation for the delay in issuing the work book, salaries before the court decision comes into force, moral damage.

Who do we indicate on the bypass sheets?

As a rule, in the bypass sheets, regardless of whether they are issued upon hiring or dismissal, the officials of the structural divisions are listed practically the same, with some exceptions due to the specifics of the work of each organization. Worksheets usually indicate:

- the employee’s immediate supervisor , because he first of all organizes the provision of a workplace to a new employee, the transfer of affairs, introduces him to the heads of other structural divisions, as well as to the personnel with whom the newly hired employee must interact; if necessary, also a superior;

- HR department employee , because he must confirm that the employee is properly registered for work, he has received all the necessary documents, he has been familiarized in the prescribed manner with all local regulations in force in the organization;

- Accounting employee , because on the basis of documents prepared by the personnel department, the accounting department is notified that a new employee has been hired into the organization, information about which must be included in the list for calculating wages;

- an employee of the logistics department , who issues material assets to the employee necessary for him to perform his duties;

- employee of the information technology department , who issues technical equipment to the employee to perform his duties (if they are related to the use of such equipment);

- employee of the labor protection , safety and environmental department, because he confirms that the employee was given the necessary instructions upon hiring;

- security department employee who issues keys, passes, etc. to the employee.

For your information. The obligation to check the relevant facts enshrined in the bypass sheet and to sign the bypass sheets by responsible employees of the structural divisions listed in it must be provided for in the employment contract and/or job description of each of these persons.

The procedure for filling out bypass sheets

Since the legislation does not in any way define the procedure for issuing bypass sheets, the employer remains to approve the form and procedure for filling out bypass sheets in local regulations. In this case, such acts may be internal labor regulations, personnel regulations, etc. Let us give as an example a fragment of an employer’s local regulatory act that describes the procedure for filling out bypass sheets.

Example 4.

Excerpt from internal labor regulations

"7.2. When an employee is hired, the employer carries out in the prescribed manner: - familiarization with the job description (instructions for the profession), working conditions, these rules, other local regulations of the organization, other organizational and administrative documents of the organization directly related to the employee’s work activity; — clarification of his rights and obligations; — conducting introductory training on labor protection, safety precautions, industrial sanitation and fire protection; — issuance of a bypass sheet in the established form (Appendix 4 to these rules) for its execution on the day of hiring. 7.3. On the first day of work, the employee undertakes to fill out a bypass sheet with the responsible persons in accordance with the sequence defined therein, to accept cases, as well as the necessary documents and property related to his duties. ... 9.7. No later than the day of dismissal, the employee is obliged to fill out a bypass sheet of the established form (Appendix 5 to these rules), issued to him by an employee of the personnel department, transfer the files, as well as hand over documents and other property received by him upon hiring for the purpose of proper performance of his duties, to the authorized employer person."

It must be said that most experts believe that filling out a bypass sheet is a kind of custom, which is usually reflected in the employer’s local regulations and is observed in the same way as other provisions of the organization’s internal documents. However, there are luminaries who are confident that filling out a bypass sheet worsens the employee’s position in comparison with labor legislation, which is unacceptable from the point of view of labor law. Most likely, this opinion is based on the fact that many employers take the issuance of bypass sheets when dismissing employees too seriously. So much so that they forget: the laws governing dismissal issues should not be violated under any circumstances.

If the worksheet is not filled out...

When hiring an employee, as a rule, there are no problems with filling out work permits. A newly hired employee, wanting to work for a given employer, is unlikely to resist bypassing the responsible persons indicated on the worksheet issued to him. Most likely, it’s the other way around: he himself will want to quickly apply for a job, join the team and get to work. Therefore, neither on the part of the employer nor on the part of the employee are there any obstacles to the employee’s entry into the team in most cases.

However, issuing bypass sheets upon dismissal often leads to problems. First of all, they can be associated with an elementary lack of material assets from the employee. Problems may also arise if the day the employee is dismissed is the last day of his vacation or period of incapacity for work and the employee does not physically have the opportunity to formally bypass everyone. Or he simply did not show up for work on the last day for some reason.

In what ways does the employer try to encourage the employee to fill out a bypass sheet when such problems arise? Mainly by failure to sign or delay in signing a dismissal order, failure or delay in payment upon dismissal, failure to issue or delay in issuing a work book. Undoubtedly, such actions cannot be called legal.

Thus, the Labor Code of the Russian Federation does not condition the dismissal of an employee on the fulfillment of his obligation, upon termination of the employment contract, to fill out a bypass sheet, transfer cases, submit reports, as well as property received by him when hired. Even if a local regulatory act establishes the obligation to issue a bypass sheet upon dismissal, this does not at all give the employer the right to demand the employee’s unquestioning fulfillment of this obligation in violation of labor legislation, in particular Art. 84.1 of the Labor Code of the Russian Federation, including recalling an employee from vacation if the day of dismissal is the last day of vacation, wait until the end of the period of temporary incapacity for work if the day of dismissal is considered the last day of temporary incapacity for work, not signing or delaying the signing of the dismissal order, not making or delaying payment when dismissal, not to issue or delay the issuance of a work book. On this score, the Letter of the Federal Service for Labor and Employment dated September 5, 2006 N 1551-6 states that an employee can notify the employer about dismissal not only during the period of work, but also while on vacation, during a period of temporary disability. In this case, the date of the proposed dismissal may also fall within the specified periods.

Moreover, without issuing or delaying the issuance of a work book, the employer will have to compensate the employee for the earnings he did not receive in accordance with Art. 234 Labor Code of the Russian Federation. And in the event of failure to make or delay in payments due to the employee upon dismissal, the employer will be obliged to pay them with interest (cash compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement, as established in Art. 236 Labor Code of the Russian Federation. In addition, if the employee was caused moral harm by the employer’s actions, he may also demand compensation on the basis of Art. 237 of the Labor Code of the Russian Federation in court. At the same time, the employee himself has the right to file a complaint with the state labor inspectorate or with a claim in court to implement these standards.

Unfortunately, employers sometimes deliberately violate the terms of settlement with an employee upon dismissal, especially when terminating an employment contract by agreement of the parties with the payment of monetary compensation, forcing employees to hand over all their material assets and documents or transfer the affairs to an appointed person, i.e. .To. Sometimes the interest due to the employee for such a delay is clearly disproportionate to the possible damage to the employer as a result of the employee’s failure to hand over valuable property or failure to transfer cases in the prescribed manner. However, even if the employee did not hand over documents and material assets upon dismissal, the employer has other mechanisms of influence on the employee provided for by law. Let's look at one of these common mechanisms using an example.

Example 5. An employee was hired by the organization as a sales manager. When he was hired, he was given a mobile phone, a camera and a laptop according to the acceptance certificate, in which the employee signed. This was also noted on the worksheet used when hiring him. This property was necessary for the employee to perform his job duties. Thus, he needed a mobile phone to conduct negotiations with potential clients of the organization in order to conclude contracts with them, as well as with existing clients to place orders under existing contracts and ensure their implementation. A camera is necessary so that the employee has the opportunity to capture the warehouse capacity and the availability of the necessary equipment at the organization’s clients for the high-quality fulfillment of obligations under concluded contracts. And finally, he needs a laptop for drawing up various kinds of documents and constructing analytical graphs and diagrams, preparing and demonstrating presentations.

Upon dismissal, when the employee visited the responsible persons of the organization with a bypass sheet, it turned out that he had lost the camera, so there was no way to return it to the employer. In this regard, in the column of the worksheet dedicated to the material assets entrusted to the employee, the head of the logistics department made Fr. Based on this mark, the head of the HR department took a written explanation from the employee to establish the cause of the damage and raised the issue of the employee’s financial liability for the shortage of the property entrusted to him in the amount of the cost of the camera, which did not exceed the average monthly salary. By order of the employer, it was decided to recover material damages from the employee in the amount of the cost of the camera. The employee was asked to voluntarily compensate for this damage. The employee agreed with this and presented the employer with a written obligation to compensate for the damage, then the head of the HR department wrote about and signed the bypass sheet.

In conclusion, I would like to draw the attention of readers to the following. Despite the fact that bypass sheets do not introduce any special problems into our practical activities, their use contrary to current legislation is fraught with unfavorable consequences for the employer. Often, the risk of bringing to administrative responsibility the head of the organization, as well as the officials who draw up documents on the dismissal of an employee, is much greater than the benefit that can be brought by widely used levers of influence on the employee in the form of a bypass sheet.

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