/ / Workaround for dismissal: legality and functions

Workaround for dismissal: legality and functions

Many managers require employees to dismiss the work sheet, which is a special document with the indicationpersonal data (full name, full name of the organization and department) with which the employee must bypass several instances of the employing organization before leaving it. This document, often called informally "runner", is a guarantee that this employee does not have any material debts to his organization. If such debts are revealed, the employee will be obliged to fully reimburse them, before leaving their place of work.

In fact, the workaround for dismissal (formwhich can be obtained directly from its manager or a human resources officer) can not be required without fail. Registration of this document is not provided for by the Labor Code of the Russian Federation, which means that its claim can be considered illegal. However, in practice, it is much easier and quicker for a departing employee to bypass all the appropriate authorities necessary to complete this document than to go into the details of the country's labor legislation and enter into disputes about this with the management of the organization. The unspoken working system of our country is such that until a staff member leaves his manager (or the personnel department) with a fully completed workbook, he will not be able to get his work book, as well as a full cash settlement. In this case, the dismissal procedure begins to be significantly delayed, which is a violation of the requirements of Article 84.1 of the LC RF.

The situation is different with those employees wholeave the organization not at will. They have the right to refuse to fill the "runner". Violation of their rights, established by the labor legislation of the country, they can also appeal in court.

So, the workbook is not foreseen for laborlaw, a single form of filling it does not exist either. Each organization itself establishes the rules, according to which the workbook should be filled out upon dismissal, the sample is issued directly to the hands of the employee being dismissed. It should also be noted that not all employers require the availability of this document.

In the labor legislation of our country clearlyrules for the dismissal of employees from their place of work are prescribed. According to the provisions of the TC, dismissal of an employee is carried out only on the orders of his employer. In this case, the employee is required to familiarize himself with this document in a strictly mandatory manner against the signature. If this is impossible for any reason, or the employee refuses to read the order, an appropriate mark is made in it. A copy of this document must be issued to the employee at his first request.

The issue of a work record book, as well as all relatedthe work of the documents and the full calculation of the former employee must take place on the last day of his work in the organization, regardless of whether the workbook was completed. If the employee for any reason is absent on the last day at work, the employer must send him a notice on the need to obtain a work book.

The design of the "runner" is practiced in mostcommercial organizations of Russia. In its existence there are pluses. For example, only with the help of a workbook, the employer can force the employee to return in pre-trial order property that does not belong to him and prevent theft of the organization's funds. As you know, dishonest people are found both among employers and among their employees.

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