In this article I will tell you that, whether the claim is legally the employer of filling out the sheet bypass? To begin to define what a bypass list. Labor Code of the Russian Federation does not provide a right or duty of the employer employee’s clearance of this document. Consequently, the requirements for forming the bypass list are illegal. However, this does not prevent employers from using the bypass list as a tool for self-soothing. Bypass list, or as it is called “thumb” – a sheet in which the surname, name the employee, information about his place of work, as well as the name of the departments in your organization that an employee must pass before dismissal, to witness the fact that no claims to him by the employer. Of course, the unified form of bypass list is missing.

Each employer for itself determines the shape of the document. But this is not important. The whole trick is that the employee must pass the bypass list with all signatures to the personnel department, and as long as he does not, he will not be able to get the work book, moreover, can not be with him produce a final settlement. Thus, violates Art. 84.1 of the Labour Code, as the procedure for dismissing an employee unreasonably delayed starts. However, it seems to me that such a breach to dismiss employees is not so important, even if he understands that the requirement of completing the bypass list is illegal. Why? Because the employee is likely to spend a day (besides work) to fill the specified sheet, which will be in conflict with the employer, thereby delaying the inevitable process of his dismissal. However, if the dismissal was a result of the conflict between the employee and employer, this infraction of the Labour Code an employee can use in the judicial protection of their rights in court. But your organization exists, this practice of registration bypass leaflets?

Tags: man and the law