07.07.2019
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5 minutes.
When leaving work, an employee must collect signatures from all heads of structural divisions stating that he has no debts to the company. The document in which this information is indicated is called a worksheet. In many companies it is mandatory and without it a work book will not be issued. We will find out in the article how legal this is and whether the “slider” is required by law.
What the Labor Code says about the bypass sheet
If an employer requires you to sign a bypass sheet upon dismissal, is this legal? 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:
- A fine is imposed; for enterprises, it amounts to 30-50 thousand rubles, and from 1 to 5 thousand rubles for officials.
- 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.
This is also important to know:
The dismissal procedure under the Labor Code
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.
Design features
The bypass sheet indicates the units whose representatives must sign the document. Thus, the slider is usually signed by employees of the following departments:
- accounting;
- technical and material support department;
- administrative and economic department;
- departments where the resigning employee directly worked (signed by the director or manager).
The employee hands over his official ID, documentation, material assets and office supplies and receives a signature on the walk-through sheet.
If a shortage is detected, the employee is obliged to pay financial compensation to the organization for the damage incurred. Otherwise, this amount will be withheld from the payments due to the employee. The employer has the right to go to court with a demand for compensation (Article 248 of the Labor Code of the Russian Federation).
Is it necessary to sign the “runner” or not?
There is a certain category of enterprises and organizations, upon dismissal from which, signing a bypass sheet may be mandatory. This applies to:
- government agencies;
- law enforcement services;
- military organizations, etc.
For ordinary commercial enterprises, regulations do not establish requirements for filling out a bypass sheet. However, they must issue a work book within the period established by law (what documents are issued upon dismissal?).
In the event that the employer violates the norm of Art. 84.1 of the Labor Code of the Russian Federation, and he does not issue a work book on the day of dismissal, he may face:
- Administrative liability in the form of a fine, the amount of which varies:
- from 1 thousand to 5 thousand rubles for officials and individual entrepreneurs;
- from 30 thousand to 50 thousand rubles for a legal entity.
- Increased fines for repeated violations:
- from 10 thousand to 20 thousand rubles for officials and individual entrepreneurs;
from 50 thousand to 70 thousand rubles for legal entities.
The fine for an official may be replaced by disqualification for up to 3 months.
These measures are regulated by Art. 5.27 Code of Administrative Offenses of the Russian Federation. However, in practice, it is easier for a person to go around all departments and collect signatures than to discuss the legality of this document and its expediency with his superiors, thereby delaying the process of leaving work.
In the event that a person received more than just a “white” salary, voluntary filling out the “slider” is even more relevant. In the event of a conflict, the employer can only pay the official part of the salary, and forcing him to pay the rest will be problematic.
Is it possible to quit without it?
From a legal point of view, no bypass sheet is required at all . However, in practice, many are faced with this problem, and often HR employees refuse to issue a work permit without a bypass sheet. This mainly applies to those employees who must confirm the fact of delivery of official property safe and sound.
As mentioned above, a bypass sheet is required to be filled out when leaving the civil service and some other categories. However, of course, they can dismiss a citizen without a completed bypass sheet, both on the initiative of the manager himself and on the initiative of the employee if he categorically refuses to fill out such a document.
Legality of the paper: is the requirement legal?
Let's consider whether the document is legal. The absence of a bypass sheet does not entail any negative consequences from a legal point of view. If the sheet is not signed, the management does not issue a work book, and the financial department does not pay money for the period worked, then this is a violation of the law.
The employer does not have the right to force an employee to fill out a bypass sheet. An employee can appeal to the labor inspectorate or court if the work book is not issued on time. This is a winning case, since the fact that the employer violated the law is obvious.
Can they refuse to issue a work book without it?
The manager does not have the right not to issue a work book without a bypass sheet. The employer must issue it strictly on the day of dismissal. If this is not possible, for example, the employee did not come for it, the employer must send the employee a notice of the need to appear for the work book or agree to send it by mail. These requirements are specified in Art. 84.1 Labor Code of the Russian Federation. On its own initiative, the employer cannot delay the issuance of the work permit.
Why do you need a bypass sheet?
The role of the bypass sheet is quite simple: it certifies the fact that the employee has handed over all valuables, documents, passwords, codes, secret materials and information that were previously in his control and disposal and at the time of leaving work does not owe his employer anything. In addition, it indirectly records that all the property handed over is safe, sound and of proper quality.
Thus, the employer provides himself with a guarantee that his property or especially valuable assets will not fall into the hands of criminals and helps to preserve his material and technical base.
Is it possible to refuse to fill out?
According to the law, a resigning citizen has the right to refuse to issue a work permit. But in this case, the cost of unreturned items will be deducted from the final calculation. If this is impossible for some reason, the employee will be required to compensate everything voluntarily.
If the employer fails to achieve voluntary compensation, he has the right to go to court to resolve the issue. But this happens extremely rarely: if an item is not of particular value, managers usually “forget” about it. In the future, such an attitude of a former employee may play a disservice if his future employer turns to his previous employer for recommendations.
Read: Retrenchment at work: employee rights
Who should sign the document
The worksheet includes a list of the main divisions of the company, whose employees are in charge of the material, technical, documentary and financial parts. As a rule, it includes:
- accounting department,
- Human Resources Department,
- administrative and economic service,
- material support department,
- the department in which the person resigning directly worked, etc.
The head of each of these departments must sign his autograph on the walk-in sheet, thereby indicating that the dismissed person has surrendered all property and assets of the company and there are no claims against him.
Text and details
The “runner” is not provided by every organization and does not have a unified form. Therefore, the organization's personnel service draws up the form independently . For convenience, a table is included in the form containing information about the departments to which the employee is responsible. The crawler form consists of the following information:
- name of the organization or header with company details;
- Title of the document;
- FULL NAME. employee, if necessary, his position;
- date of dismissal;
- the list of persons whose signatures confirm that the employee has no debt to the organization is often drawn up in the form of a table;
- place for the employee’s signature on receipt of the relevant documentation from the employer (work book, pay slip).
List of persons
The bypass form is signed only by the heads of departments that, in one way or another, influenced the work of the resigning person . Standard departments of large enterprises: accounting, personnel department, administrative department, IT department, and security department.
The management of each of these departments makes a note about the employee’s condition. Usually the “runner” is signed:
- immediate supervisor;
- Head of HR Department;
- head of the ACh;
- Chief Accountant;
- security department inspector;
- IT department worker.
The number of persons who sign the bypass sheet varies depending on the presence of additional divisions of the company.
For different organizations, the bypass sheet is established by internal regulations.
Filling procedure
To fill out the “slider”, the employee visits all departments in which he received property or information valuables. After verification, the responsible person signs in the appropriate box.
Three weeks before the expected dismissal, the employee is sent to the HR department to receive a bypass form..
Step-by-step filling out the worksheet:
In the header of the document indicate:
- FULL NAME. employee;
- Personnel Number;
- subdivision;
- job title;
- date of dismissal;
- number of the order to terminate the employment contract.
Next, fill out the table, which consists of the following columns:
- subdivision;
- a note about the delivery of cases, the absence of debts;
- position of the person who made the mark;
- FULL NAME. who put the mark;
- signature of the person who made the mark.
Reference .
To fill out the table, the employee visits the relevant departments. Then he goes to his department to transfer the working documentation to a competent employee. Transfers working electronic media (PCs, flash cards, telephone) and access passwords to internal programs to the head of the information technology department . Then the caretaker accepts the office, equipment and technology, if it is in proper condition. And the employee hands over keys and access codes to the security department.
At the last stages, the worker visits the chief accountant, who makes a note that the employee has no debt. And the head of the HR department confirms the delivery of the VHI policy.
After the procedure, the signed bypass sheet is submitted to the HR department.
If during the collection of signatures an employee is found to be in debt, then management has the right not to pay the settlement until the employee compensates for the damage.
The procedure for issuing a bypass sheet
Usually the document form is available in the human resources department, where the person resigning should apply.
- 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.
- 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.
- 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.
Is there a need for a bypass process when leaving a job?
This document is used in companies more for those who remain to work in them.
After you leave, the signatures on it will give the company’s management grounds to file claims against those who signed the document, in the event that your mistakes are subsequently revealed, resulting in financial losses.
This sheet serves as a guarantee to the company's management that those responsible for your past mistakes will be found. But the claims will not be brought against you .
It is important to remember that refusing to collect signatures on the “Bypass Sheet” does not relieve you of the obligation to return all the company property that you used during the performance of your duties.
If you used a computer, laptop, mobile phone, etc., then it is better to clarify in advance what is included in your account. In advance - this is not the last day.
The accounting department will provide you with acts of acceptance and transfer of material assets and other regulatory documents, from which it will be clear what will need to be returned. It is very important to ensure that the property is written off from you.
This is your right and you must insist on it. Excuses about lack of time, etc. they will harm you in the future.
What to do if an employee does not want to sign a bypass sheet upon dismissal?
The bypass sheet is not included in the list of documents that the employee must sign upon his dismissal. In other words, if he does not want to do this, the employer has no right to force him.
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This is also important to know:
How to correct an invalid entry in a work record: a sample of making changes
It should be noted that quite often employers blackmail their former employees by saying that without signing this document they will not give them their personal documents, for example, a work or health record book. This is absolutely unlawful and if such facts are established by the labor inspectorate, the enterprise and responsible persons face administrative punishment in the form of a fine.
The only exception: the employer can quite legally deprive an obstinate employee (already a former one) of the additional payment due to him upon dismissal, specified in the employment contract (but not specified in the legislation of the Russian Federation).
Internal regulations of the organization
This practice often occurs when employers include local regulations in the internal rules of labor discipline, which oblige them to draw up a work certificate upon dismissal. Personnel officers, following this order, do not begin the dismissal procedure until the “slider” is “full” of all the necessary autographs.
And as mentioned above, in this case, such demands of the manager and the HR department are illegal - if the calculation or issuance of the work permit depends on these collected signatures.
In simple words, it is possible to establish a rule for submitting a work pass completed with all the necessary signatures, but the obligatory fulfillment of this rule by an employee is not at all necessary, since there is no necessary legal basis for this requirement.
And the employee will still have to be fired and paid off on the last day of work, even if he does not provide a completely completed worksheet, or provides it partially completed.
What to do if a shortage is discovered during the process of signing the bypass sheet
Such situations are rare, but sometimes they do happen. As a result, the employer can take different paths:
- recover from a former subordinate the cost of lost material and technical assets (this is especially true if the employee was a financially responsible person),
- ask to write an explanatory note and impose a disciplinary sanction (with a corresponding entry in the work book),
- forgive the employee for missing property.
In some cases, proceedings reach the court, which is why you should be especially careful when filling out the bypass sheet.
Which departments does an employee bypass when leaving?
The list of departments interested in issuing a bypass sheet is similar in most companies. It includes:
- the head of the department in which the employee works - certifies that all reports have been submitted, and important documents have been transferred to the successor;
- HR service employee – confirms that all necessary documents have been submitted;
- accounting employee - confirms the absence of debt on advances entrusted to fixed assets;
- warehouse worker - certifies whether the employee has any undelivered tools or equipment;
- IT service specialist – checks the delivery of SIM cards, disconnection from remote access to company programs and services, return of business mobile phones and laptops;
- The security worker usually signs last, confirming that he has checked that there are no various risks to the company after the employee leaves.
Rules for writing a document
There is no single unified form of bypass sheet, so organizations have the right to write it in any form each time or use a template developed within the company and approved in its accounting policies. In any case, this document must contain a number of necessary information:
- name of company,
- date of compilation,
- position and full name of the employee,
- a list of departments that he must go through.
It should be noted that in different companies the list of departments that a resigning person must bypass may vary significantly.
How to prepare a bypass sheet (sample)
There is no unified form of the bypass sheet, but, as a rule, it is a document made on an A4 sheet, which contains the following details:
- last name, first name and patronymic of the dismissed employee;
- the position he holds;
- name of the employing organization;
- the date of dismissal and the date of the employee’s last working day (most often they coincide);
- a table for notes on the transfer of cases, documents, entrusted material assets, etc., indicating the responsible persons and their signatures under information about the presence/absence of debts (for example, about the surrender of a pass to the territory of the enterprise, a business mobile phone, etc.);
- a note on the issuance of a work book with the signatures of the personnel service employee and the employee being dismissed.
This is also important to know:
Termination of an employment contract at the initiative of the employer: grounds, how to formalize
Important: if a financial or material debt is identified during the execution of the bypass sheet, the employee is obliged to eliminate it before full settlement with the employer. Otherwise, funds will be withheld from salaries and other payments due.
However, this can be done solely on the basis of a corresponding order confirmed by the inventory sheet. If an inventory was not carried out, the fact of the debt is considered unestablished, which means that the bypass sheet must be signed, and the employee must be fired without any consequences.
Bypass sheet upon dismissal - sample:
Is it legal
The legislation does not provide for the mandatory issuance of a bypass sheet. Resigning employees agree to bypass the heads of departments in the organization so as not to inflame the conflict and receive their earned money and work book without delay. They know that with a “runner”, management will get things done faster, and they don’t want to waste time waiting.
The bypass certificate has no legal force and is considered a formality. For our legislation, this form of reporting does not exist.
The company puts it into effect by internal order and develops and approves it itself. The period of dismissal does not depend on the employee’s availability of this sheet and the completeness of the collected autographs of department heads.
The "runner" is more likely to be needed by the remaining colleagues of the company. If, after some time, mistakes are found that were made by a former worker and caused financial damage to the organization, responsibility for them will fall on those who signed up.
The sheet is a guarantee for the company’s management that the person responsible will be found for any mistakes made. Claims will be brought against them, and not against the one who once committed them.
You need to know that if you refuse to collect signatures, returning property that was used during work still remains a legal obligation.
Article 84.1 of the Labor Code of the Russian Federation directly indicates the deadline for returning the Work Book and explains how this should be done. Refunds must occur on the day of dismissal. And in 2021, electronic labor appears; initially, the transition to them is voluntary, but new employees will be subject to electronic labor from the moment they are hired.
The procedure for issuing a bypass sheet upon dismissal
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.
This is also important to know:
How to draw up an employment contract with a remote worker
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.
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.
Complaint to the Labor Inspectorate
If an employee’s rights are violated, he is not given a work book or something else, then you can also contact the labor inspectorate.
The Federal Labor Inspectorate is one of the government bodies that considers all forms of claims under labor law.
already mentioned article 84.1 of the Labor Code of the Russian Federation
describes the entire dismissal procedure.
It states that the employment contract is terminated by order of the employer.
The employee must carefully read this document and sign.
If he does not want to do this, then the manager makes an appropriate note.
If an employee is absent from the workplace on the last day, he is sent a registered letter informing him that he needs to obtain a work book.
It can only be forwarded with the consent of the person who resigned.
If he does not react in any way to the letter and does not come to collect the work permit himself, then the employer does not bear any responsibility for it.
The fact of refusal is documented in the presence of witnesses in accordance with the law.
The Letter of the Federal Service for Labor and Employment dated September 5, 2006 No. 1551-6
states that the director is obliged to notify the worker of dismissal even when he is on vacation.
Sometimes the employer gets too carried away and writes down items in the “slider” that are superfluous.
This is done in order to protect yourself, just in case, from overzealous workers thirsting for justice.
This can be anything, right down to “the employee received a payment upon dismissal and has no claims.”
Lawyers say that such clauses have no legal force, since any provisions that contradict current legislation are not taken into account by the court.
As a rule, dismissal occurs within two weeks.
This time is enough for the employee to return everything.
Everything according to the same article 84.1 of the Labor Code of the Russian Federation
the employee has the right not to fill out the bypass sheet, for which no disciplinary punishment can be applied to him.
After all, to a large extent, this document is a headache for the employer, and not for the former employee.
So why don’t people study the laws, but prefer to do what is asked of them?
The whole point is that a person may know that his rights are being violated, but he would rather spend the day filling out the “slider” than sorting things out with his superiors, who are delaying the process of dismissing an employee.
Sometimes it happens that you are asked to present a work permit when applying for a job.
The reasons for this may be different - from accepting the previous employee’s files to documenting the receipt of any material assets by the new employee.
As a rule, there are no problems with registration, since the person admitted to the staff sees no point in resisting bypassing the people he needs.
He even has an incentive to quickly get a job and join a team that is new to him.
Therefore, neither the employee nor the employer sees any obstacles to applying for a job in this way.
What to do if they don’t sign
If the bypass sheet is not signed, the reason should be found out. If the difficulty lies in the return of any material value, then the damage can be compensated and the document will be signed.
If the employer refuses to fill it out without reason, then a claim should be filed in court.
In most cases, judges satisfy the claims, and the employee quits after receiving a settlement.
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Worksheet: contents and sample
The legislation does not establish the form of the bypass sheet. The content can be anything - at the discretion of the manager or other responsible employee.
What information does the sheet usually contain:
- name, address of the enterprise;
- Full name, employee position;
- date, reason for dismissal;
- description of things;
- structural subdivision;
- a note on the fulfillment of obligations by the employee;
- position, full name employee who confirmed the fulfillment of obligations.
Sample bypass sheet:
in .doc format
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.
This is also important to know:
Dismissal of a part-time worker: how to fire an external or internal part-time worker
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.
What are the consequences of signing
As already mentioned, the bypass sheet cannot be considered an official document. In this regard, its execution or non-signing by order of the authorities does not have any consequences. However, in most cases, it is still worth signing the “runner” upon dismissal, unless you have compelling reasons to refuse this procedure.
Experts include the following positive aspects of the design of this document:
- When applying for a new job, you may need recommendations from another employer or senior employees. In this case, signing a bypass sheet upon dismissal will allow you to leave good memories of yourself with your former colleagues and superiors.
- The second point is directly related to the previous one, because positive recommendations from superiors are not the main thing. Maybe you have established friendly relations with one of the company’s employees - why lose them and spoil your nervous system. It often happens that colleagues help each other in finding a new job.
Please note that if one of the employees of a commercial organization fails to sign a dismissal notice, the employer does not have the right to impose penalties. Within the framework of his powers, a thorough check will be carried out of all documents and material assets for which the dismissed person was responsible. If any of the above is lost or damaged, the employee undertakes to compensate the damage in full. Thus, refusal to issue a bypass sheet is not a way to avoid the penalties established by the labor law of the Russian Federation.
Recommendations for employers
What should an employer do if he needs to confirm that a resigning employee has no financial debt to the company?
First of all, you should remember that the bypass sheet is a recommendation measure and is not prescribed in the Labor Code.
You cannot force an employee to fill it out without fail, and, moreover, threaten not to give him a paycheck or the original work book. In this case, if an employee goes to court, trouble cannot be avoided.
Many enterprises are introducing a practice in which an employee fills out a walk-in sheet upon entering work. This helps the new employee, firstly, to become better acquainted with the collective and its key figures, and secondly, to immediately make an inventory of the values to which he will have access due to his job responsibilities.
In addition, a person who wants to start working in a company as soon as possible usually unquestioningly fulfills this requirement of management.
Subsequently, the presence of such a bypass sheet, certified by the signature of the employee himself and the heads of the relevant departments, will make it possible to quickly resolve the issue of returning data and material assets transferred to him for safekeeping or temporary use.
If you plan to issue a bypass sheet when hiring an employee, it is mandatory to include this clause in his employment contract.
Legislation
Is it necessary to sign a bypass sheet upon dismissal, or a “slider” that contains information about the employee, in particular, about debts to the company? The form is filled out not by the employee himself, but by the head of each department of the organization . The boss makes a note that the person leaving did not damage or steal anything. For example, equipment, machinery, other inventory items.
The manager has the right to demand a workaround, but the Labor Code of the Russian Federation does not consider this a mandatory condition. Article 84.1 of Federal Law No. 197 of the Labor Legislation prescribes the dismissal process that all enterprises follow, but the content does not contain information about the bypass sheet. According to the Labor Code of the Russian Federation, upon dismissal, the boss returns to the worker only the work book, payroll and relevant documentation. Therefore, when resigning, an employee may refuse to present the “slider” to management.
Why is it needed?
The bypass sheet records the presence or absence of debt from the employee to the company. Therefore, first of all, the director and heads of departments need the form . If the employee agreed to go through the departments to collect signatures, he will receive the work book after the document is signed by authorized persons.
The employee also receives a benefit from the provision of a “runner” - he has documentary evidence of the absence of debt, which can be useful in various situations.
But if an employee is discovered to have debts, he is obliged to compensate for the damage within 14 days after their discovery.
IMPORTANT: In some government agencies and factories, filling out a bypass sheet is a mandatory procedure.
Document requirements
There are no strict requirements for the contents of the form, since the form of the document is not unified and is optional. Each enterprise sets its own sample . But without fail, the sheet contains the following information about the employee:
- FULL NAME.;
- job title;
- name of the enterprise;
- settlement date;
- table for making marks;
- a note indicating the transfer of relevant documentation to the resigned employee.
Depending on the number and names of departments, the table size (number of rows) varies.