Author of the article: Roman Gavrilov Last modified: January 2021 9713
A dismissal notice is a document that must be completed by employees before terminating an employment contract. The form can be developed separately by each employer. The heads of departments and individual branches confirm the fact that the employee has no debt to the department. The calculation takes into account debt in financial equivalent or debt of a material and production nature: transfer of transport, tools, special clothing.
The bypass sheet indicates factual information: about recording the fact that the employee has no debt to the enterprise or individual who hired the employee. An employee may be responsible for the following material assets of the enterprise:
- equipment – production machines, conveyors, technological cycles;
- transport – service trucks, cars and other equipment;
- current means of production - exchange-traded fund securities, production lines.
The amount of financial responsibility depends on the position and position of the employee in the hierarchy of the enterprise. This could be a small set of tools or entrusted workshop equipment. The employer may also require the amount of the entrusted insurance provided for additional health insurance. A bypass sheet is required to document the legal fact of the employee’s return of the employer’s property.
Expert commentary
Kamensky Yuri
Lawyer
Labor legislation does not provide for the mandatory use of a bypass sheet upon termination of an employment contract. The obligation to sign a document may be provided for by local acts - orders, directives, constituent documentation. The obligation to sign the sheet may be provided for by official regulations, administrative regulations, and regulatory requirements. When hiring an employee, the employer tries to insure its risks and ensure maximum transparency of the labor process. An employee, due to his qualifications, can perform labor duties related to operations with material assets.
There is no unified form of bypass sheet, since each enterprise has an organizational and legal form, the features of management depend on the specifics of the company’s activities. An employee may have subsidiary liability to the company - for example, if the employee has taken out a loan from the employer and is ready to provide a guarantee of solvency.
Is there a concept of “bypass sheet” in the Labor Code of the Russian Federation?
Bypass sheet upon dismissal - is it legal ? The bypass sheet for dismissal is an example of a formal approach of production managers and does not appear anywhere in the Labor Code. And if this is so, there can be no talk of any mandatory nature of this document. The bypass document is voluntary, but in the localities it is elevated to the rank of perhaps the most important document when dismissing. “If you don’t bring a work pass, you won’t get a work pass” is a typical postulate of any HR department.
And the employee, frightened by such a prospect, kicks his heels in search of all the officials whose signatures he must have time to collect on the bypass page.
But for some reason everyone forgets the requirements of the novel 84.1 of the Labor Code of the Russian Federation, where it is written in black and white: the employer is obliged to issue a work book strictly on the day of termination of the contract. This can only be prevented by a universal flood or the absence of the person being fired from the workplace. And certainly not a bypass - a piece of paper with signatures from department heads and the local library. But not only bosses forget about the law; subordinates also do not remember about it, slavishly fulfilling their leaders’ every whim. That is why incidents regularly occur when, due to a workaround that was not signed on time, the dismissal procedure, and with it the law, is violated.
Why is such a violation of the Labor Code of the Russian Federation dangerous for the boss? We are talking about punishment within the administrative code:
- a fine of thirty to fifty thousand rubles for an organization and from one to five thousand for an official;
- suspension of the organization’s work for a period of up to ninety days.
However, a bypass may also be a mandatory requirement for the dismissal of federal government employees. They must hand over their work ID, as well as all employer documentation and valuables they used while working.
List of departments: who to indicate
The complete list may vary greatly for each organization. But most often it includes the following departments and officials:
Name | What is he responsible for? |
Head of organization or head of department | Transfer of all cases to a newly arrived employee |
Personnel department | Solving all labor issues (drawing up a dismissal order, filling out and issuing a work book, etc.) |
caretaker | Return of previously issued material assets |
Library | Returning borrowed literature, magazines and other publications |
Accounting | Salaries, travel expenses and other benefits |
IT department | Access to corporate accounts, work email, return of various office equipment |
Security Department | Handing over passes, keys, chips, etc. |
Additionally, stamps can be affixed to the bypass sheet (this is typical for large companies).
Why do you need a bypass?
Although the labor “Bible” does not mention a bypass sheet upon dismissal, at least one termination of a contract is rarely done without it. The bypass is issued:
- as confirmation that the employee returned to the organization all material assets and tools that he used;
- as evidence of the transfer of all papers to the successor;
- in order to record the loss of the right to use corporate information resources.
The procedure for registering a workaround is usually set out in the employer’s local documentation. It comes down to the fact that immediately before the dismissal order, the employee receives a bypass, which indicates all the bosses, who must sign that the dismissed person has paid them in full.
This is also important to know:
Instructions for withholding for unworked vacation days when dismissing an employee
And the employee goes to fill out the bypass. He will be very lucky if all the bosses or their deputies, whose signatures he collects on the roundabout, are in the field, and not on business trips or on sick leave. Are you lucky? The bypass signed by everyone is left in the personnel department. There it will be placed in the employee’s personal file and will be stored until the storage period for such documents expires. Typically, the bypass is stored for no longer than three years. Then everything is archived.
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.
Who issues a bypass upon dismissal and when?
The work pass is definitely issued by the HR department. However, the time for issuing a bypass varies. In some places, the bypass is given to the employee in advance, immediately after he submits his resignation letter; in others, on the day of dismissal.
Of course, it is best to get a bypass in advance, so that you have time to find the always busy heads of structural divisions and have time to collect all the signatures before the last day of work. Moreover, if some of them are located in other territories, at a considerable distance from the one where the dismissed person works.
Issuing a bypass on the day of dismissal and demanding that it be filled out immediately is, firstly, illegal, and secondly, unreasonable.
Consequences
Since there are no legal provisions that regulate the procedure for filling out the slider, the penalties are not defined. Another thing is that the manager himself may delay the issuance of labor and payment documents. But this is already illegal. The situation rarely leads to litigation.
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How is dismissal under an article for drunkenness carried out: the procedure
If anything is missing or damaged, the employer may make a claim for return or compensation for damage. Therefore, refusing to sign the sheet is not a way to avoid punishment.
Who should sign the bypass?
The bypass consists of a table where the first column lists all the divisions of the company in which he could be considered a debtor. Due to his work, he may well never contact most of these departments, but he must obtain a signature from their head. The standard list placed in the bypass consists of:
- from the accounting department (the signature of the chief accountant is required);
- HR department (signed by the department head);
- household parts (requires a facsimile of the caretaker);
- the department in charge of providing tools, equipment and other “tools” for work;
- structural unit where the former employee worked, etc.
The list in the roundabout depends on the structural complexity of the organization in which the citizen worked.
The signature of each of the bosses, placed in the appropriate columns of the workaround, will be proof that the employee is legally clean before them.
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If the dismissed person does not want to issue a bypass
He doesn't want to, it's his right. You need to tell the HR department directly about this when they try to hand you a work pass. And even if bosses of any caliber write boiling water, they have no leverage over the obstinate employee, in relation to this situation with a workaround.
This is also important to know:
Termination of an employment contract at the initiative of the employee, procedure, deadlines, grounds for challenging it in court
The only exception may be the threat of non-payment of additional compensation upon dismissal, which is contained in the employment or collective agreement and is due only to the disciplined employee. But there may be such a ridiculous amount, because of which it is not worth wasting time and nerves on a vertical cross with a bypass in the teeth.
If department heads do not sign the bypass
Such situations also happen. Sometimes this is personal hostility and a desire to somehow annoy the person leaving, and sometimes there are objective reasons, for example, real shortages or debts. The employee cannot remember everything. Often, he remembers something that was once given to him only when the signature of the responsible person is required on the bypass.
If we are talking about personal relationships, this can be neglected, remembering that the bypass is not a required piece of paper. Turns out I should? I'll have to return it. Or pay.
If during the process of signing the bypass a shortage is discovered
If a shortage is detected after filing a bypass, the manager has three options for action:
- claim the value of an item lost due to the fault of the employee (from the salary during the final payment, information about the shortage is recorded in the bypass, in addition, senior management is notified personally by the department head);
- ask for written explanations and impose a disciplinary sanction (it is allowed to indicate it in the employee’s work book);
- show generosity and forget about the shortage.
If the deficiency indicated in the bypass is significant, the latter route will become impossible, and the case may end up in court. Where a fired person can become accused of theft.
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.
Terms and procedure for storing bypass
The law does not give any instructions on how long to store bypasses, so the storage period for bypasses is determined by the company’s management. Most often, bypass documents are kept for as long as the office work rules determine, three years.
The papers are first kept in the personnel department, then transferred to the archive. If a fired employee returns to receive a copy of the workaround, they are required to give it to him. Within a maximum of three days from the date of written request. That is, in order to receive one piece of paper, you need to write another.
Consequences for refusing to fill out a bypass
Bypass sheet upon dismissal, is it legal? Before running through the authorities with a bypass, you need to carefully read the contents of the paper. Sometimes management insists on formalizing a workaround, since only on its basis can they demand that the dismissed person return the things and valuables given to him. But this is not true. The slider has no legal force.
So, if a shortage of equipment or tools is discovered, the “owner” should file a claim in court, and not engage in independent verdicts. When filing a statement of claim, he is obliged to attach evidence that the defendant actually stole them or destroyed them through negligence, or even malicious intent.
conclusions
Walkthrough sheets are often used in organizations. They are usually practiced when some employees who are financially responsible are dismissed.
Such forms contain the signatures of department heads, as well as information about claims against the citizen collecting these signatures in connection with his dismissal. However, completion of such forms is not considered legally mandatory.
An employee can legally refuse and not sign it upon dismissal, and the employer has no right to force him to fill out this sheet.
The form of the document is developed and approved by the employer independently. There is no standard template. The use of this form is regulated by a special order of the management of the employing organization, also drawn up in a free (free) form.
Is it necessary to issue a bypass sheet?
Article 84.1 of the Labor Code of the Russian Federation says that to dismiss an employee, only an order from the employer is needed. They pay the dismissed person and issue him a work book and certificates strictly on the last working day. There's not a word about runners. This means that it is unlawful to demand that a resigning employee fill out a work permit, and a manager who makes such demands can easily be punished under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Is a bypass necessary or not when leaving government agencies?
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This is also important to know:
Withdrawing a resignation letter at your own request
However, in some government agencies the need for a bypass sheet is dictated by industry orders.
Thus, police officers, according to the order of the Ministry of Internal Affairs of the Russian Federation dated July 26, 2012 No. 725, are required, when submitting a report of dismissal, to fill out a bypass. There are similar orders for the bailiff service and other departments. In addition to the bypass sheet, such regulatory legal acts stipulate the surrender of service IDs, weapons, personal badges, physical storage devices of classified information, etc. upon dismissal. Although, in this case, they often do not require a bypass sheet.
Hence the conclusion: labor law does not know about the bypass; if it is not provided for by industry orders, then there is no need to draw up a bypass. The need to formalize a workaround may be specified in the employment contract or collective agreement. However, since the Labor Code does not require it, but is required by local acts, it means that there is a violation in their drafting, and the resigning person should not comply with such illegal demands.
Consequences of dismissal without a work permit
Is a leave notice required upon dismissal? Refusal to run around the floors for the next autograph of the next boss will not bring any consequences for the quitter. The bypass is voluntary.
The only thing you need to do is transfer all your affairs to your successor, including work tools and equipment. So that there are no complaints. A workaround may be required by the employee himself if he quits “badly”, with a scandal, and assumes that after his dismissal a shortage may be pinned on him. He has the right to make a copy of the runner and have it certified by the secretariat.
What is it needed for
The main persons interested in filling out the document in question are managers and personnel employees. Before issuing a work book and other papers to an employee, they check the presence of all signatures and seals on the sheet. Why is a bypass sheet needed in this case? And to make sure that:
- the worker handed over all valuables belonging to the company;
- the company has no debts to the employee, and the employee has no debts to this employer.
In practice, the bypass sheet can reflect information about the delivery:
- work phone;
- passes;
- keys;
- valuable or important papers;
- laptop;
- other things that the employer deems necessary to include in the list.
For an employee, the document in question can also be useful. After all, upon dismissal, he receives a leave of absence in his hands. And it will serve as proof that a person does not owe his employer anything. This means there can be no complaints against him.
Also see the article: “Why they can be fired under the Labor Code of the Russian Federation.”
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 is it: basic principles
Despite the fact that most organizations issue a bypass sheet (“slider” in simple words) when an employee leaves, it is not a legally required document. For dismissal it is enough:
- presence of signatures in the dismissal order (what papers does the employee sign upon dismissal?);
- issuing a work book (read about what a copy of a work book is and when a dismissed employee needs it here);
- full material calculation.
The entire procedure for dismissal at will or for other circumstances is spelled out in detail in the Labor Code of the Russian Federation, Art. 84.1. There is not a word about the bypass sheet, but it clearly states that the work book must be returned strictly on the day of dismissal, regardless of the signing of the sheet. The “runner” is essentially a formality.
The accounting department will provide an act of acceptance and transfer of material assets with a list of what needs to be returned and written off from the employee. The employee himself is not exempt from the obligation to return all the property that he used at work, even if he refuses to collect signatures for the “runner”.
Recommendations for employers: better before than after
Since forcing a resigning worker to register as a “runner” and threatening him with punishment for failure to comply with this requirement is illegal and you can be fined for this, it is better to do otherwise. A modern entrepreneur fills out a bypass immediately when hiring a new employee. This immediately immerses the newcomer into the system of work in this company: he gets acquainted with the structure of the organization, its managers and staff.
All the values with which he will have to work in the future are described in the workaround. It is unlikely that a person who wants to work here will resist such a “runner”, because if he begins to persist, he may immediately be shown the door, and this is not in his interests. If you happen to quit, the employee will have such a workaround in his hands, where all his debts to the company, financial and material, are written down. All that remains is to return everything according to the list and part as friends.
To sign or not?
Since the bypass sheet is not an official document, it does not have a single form. Therefore, employers often create a “cliché” worksheet on their own.
Next, we will look at examples in which we would like to show that sometimes it is advisable to sign a bypass sheet without entering into disputes with management about the legality of their demands:
- If, and you are an ordinary employee (not MOL). In such an organization, the owner of the company or the approved leader is “king and god.” It depends on him whether you will have a paycheck, compensation for vacation, sick pay, or, in general, whether you will be fired on time. There is such a nuance: official payments to employees are minimized (or absent altogether if the employee works under a labor contract) in order to avoid high tax deductions, and salaries are issued to employees bypassing official procedures. Therefore, the need to collect signatures on the bypass sheet is obvious.
- Do not pay attention to comments and demands to provide an account for all the property entrusted to you. This is not a basis for withholding the work book. If there was no inventory (and, as a result, no shortages were identified), then there is no reason to refuse to sign the bypass sheet.
- The organization can be considered official in all legal aspects. Meet the management halfway; in this case, this is simply a necessary formality that will save your nerves and the loyal attitude of your employees.
Please note that when completing a bypass sheet, you must keep a copy of it. It is not necessary to certify it with signatures and seals, an ordinary photocopy is enough, the main thing is that you have a copy in your hands.
Complaint to the labor inspectorate
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If the employer insists on filing a workaround, or, worse, because of it, did not fire the worker on time, you will have to go to the labor inspectorate and write a statement. The form of such a complaint is not officially established, so you can write the paper in free form. However, there are mandatory elements that should not be avoided:
- you should indicate your full name, email, phone number, return address where the response will be sent;
- name of the company, its actual address;
- state the claim itself (what wrongdoing the employer committed against the applicant);
- sign and date the paper.
This is also important to know:
Where to contact an employee if they are not paid wages upon dismissal
You cannot lie or embellish in a statement. Only facts, strictly to the point. If information about an offense is provided, it must refer to evidence. Unsubstantiated accusations are not allowed. It’s better to simply state the facts, and the labor inspectorate will give them a legal assessment.
Sample complaint
State Labor Inspectorate, N, st. N, house N Syropyatova Angelina Petrovna, city N, st. N, d. N sq. N, contact phone: 0000-00-00
COMPLAINT On August 22, 2018, I submitted my resignation from the position of storekeeper at Monoblock OJSC (city N, st. N, building N). On the last working day, the head of the HR department, A.Yu. Pedrosova. She demanded that I fill out a bypass sheet. Knowing that it is not mandatory according to the Labor Code of the Russian Federation, I refused. But Pedrosova A.Yu. She told me that otherwise they wouldn’t give me my work book. I refused again because the organization is located over a large area in different parts of the city and in one day I would not have time to run around everyone in any case. On the last working day, they didn’t give me a work permit, they didn’t familiarize me with the order, and they didn’t make a payment.
I ASK: 1. Check this fact and prosecute A.Yu. Pedrosova for violating Article 84.1 of the Labor Code of the Russian Federation. Head of the Human Resources Department of Monoblock OJSC. 2. Oblige Monoblock OJSC to pay me compensation for forced absences from September 6, 2018 and moral damages. September 07, 2021 /signature/ Syropyatova A.P.
How to file a complaint with the labor inspectorate?
The paper has been drawn up, now it needs to be delivered to the Labor Inspectorate department. The complaint must be made in two copies. On one of them, the inspection employee will sign for receipt. A copy of the employment contract and other documents related to the case should be attached to the complaint.
The second option is delivery of the complaint by Russian Post. In the format of a notification letter.
Option three is to write a complaint directly from the website of the regional labor inspection department. Finding the workers' claims and complaints section there will not be difficult. Since this topic is in great demand, the button for filing an electronic claim will be visible. Here you should carefully read the fields of the electronic form and fill them with the appropriate information. Here you will need to check the box next to one of the methods for delivering a response from the inspection. After sending, department specialists will have one month to conduct an inspection and respond to the applicant. This period, by the way, applies to any method of delivery of the claim.
If the claim is not at the correct address, the inspection will redirect the electronic document to the appropriate address and notify the applicant about this.
The issue of anonymity of the complaint
The Labor Inspectorate, however, like other competent authorities, does not consider anonymous letters. You will have to introduce yourself completely. However, you can demand confidentiality by writing in the application: “When checking the facts I have stated, I ask you not to disclose me as an applicant to the employer. When sending electronically, it is possible to check the appropriate box. Judicial practice for delay in dismissal due to “slider”
This is also important to know:
Dismissal order
How is Article 84.1 of the TCRF violated by an illegal requirement to fill out the “slider”? They issue a work pass on the day of dismissal and require that it be filled out immediately. Often, to do this, an employee needs to run around all the company’s branches, which are geographically located in different parts of the locality. He may not physically make it. The HR department does not issue labor records, and the accounting department does not make full calculations. As a result, when the slider is filled out and presented to the personnel officer, the deadline for terminating the contract will have already expired.
The court will evaluate this fact unequivocally: illegal retention of an employee, for which Article 5.27 of the Code of Administrative Offenses of the Russian Federation prescribes a fine and compensation for forced absences (Article 234 of the Labor Code of the Russian Federation). In addition, the employee may demand compensation for moral damage (Article 237 of the Labor Code of the Russian Federation).
Example
Locksmith P. filed a lawsuit against OJSC Varyag. The basis for the offense was:
- a different date for termination of the contract was added to the labor contract, which does not correspond to the real one;
- There was a delay in issuing the work permit.
The plaintiff worked in Varyag from 06/01/2017 to 10/14/2018. According to the order, he was fired on October 14, 2018. But at the time of writing the claim, on November 10, 2018, the employee had not yet received it. Despite P.'s demands, the Plaintiff explained that the employer requires a workaround.
On the last working day, the librarian (on vacation) and the caretaker (on sick leave) were absent. As a result, the work permit was not issued. No bypass - no labor. P. Came three times at different times to get the book, but was refused. That's why he went to court. The court fined the lost employer fifty thousand rubles.
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).
Walk-through sheet for students
Before issuing a diploma or transferring to another university, the student is also required to make a detour. Moreover, students are also not required by law to formalize it. In this case, it is illegal to demand unquestioning fulfillment of the dean’s requirements. Order of the Ministry of Education and Science of the Russian Federation dated March 10, 2005 N65 obliges the issuance of a diploma with an insert no later than ten days from the date of signing the order to issue the diploma. If a student owes money to the university, all claims are resolved in court.
They refuse to issue a diploma? You should write an official appeal to the rector of the university, referring to the 65th order. No reaction? They write to the prosecutor's office.