Order on the appointment of a financially responsible person. Sample, 2021 form

Order on the appointment of a financially responsible person at the preschool educational institution

02/20/2019, 13:57. The issue of appointing financially responsible persons in schools and preschool institutions is very important. Often the administration assigns these responsibilities to teachers.

The proposed material examines, to what extent it is lawful, the specifics of preparing an order for the appointment of a financially responsible person in preschool educational institutions and schools, and presents a sample of this document, taking into account the requirements of the law and related nuances.

Issues of financial liability in these institutions are regulated by the following legislative acts:

Resolution of the Ministry of Labor No. 85, adopted in December 2002 and defining the circle of officials who may be held financially responsible for the integrity of the property of the establishment;
The Civil Code of the Russian Federation obliges this employee to fully compensate for the damage incurred if the employment agreement is concluded within the framework of the Civil Code.
, in force since February 2002, establishing the conditions determining financial liability and the order in which it should be applied;

According to, if damage to the establishment is caused through the fault of an employee, the losses are subject to appropriate compensation, subject to compliance with the requirements of current legislation. It is stated that in the event of damage associated with improper performance of the duties assigned to the employee, financial liability is applied.

The employer and employee who entered into an employment contract must justify the amount of losses incurred.

According to the above-mentioned resolution of the Ministry of Labor, financial responsibility in schools and preschool institutions can be assigned to the following categories of employees:

Grounds and conditions of appointment

Compensation for damage caused may be required in the following cases:

When harm is caused to the employer during one’s professional activities.
Lack of valuables received according to documentation. For example, during an inventory count a shortage is identified.

Deliberately causing harm. Causing damage if the employee is under the influence of alcohol, toxic or drugs. Losing things due to crime. For example, there was complete theft. If valuables were lost or broken during non-working hours. In particular, the lawn mower broke down when the caretaker took it for personal use for the weekend.

To hold a person accountable, the following conditions must be met:

18 years of age.
The position of a citizen was on the list of professions that must monitor the safety of valuables.
An agreement was concluded with the employee.
The presence of a cause and effect relationship.

For the last point, a special official investigation is necessary.

If harm has been caused, the employer should adhere to the following actions:

The employee must explain the incident in writing.
The employer decides to conduct an investigation.
A commission is selected.
All circumstances are being examined by its members.
Drawing up an act.

The latter indicates the employee’s guilt, the connection between his actions and the damage, and the criminality of the act itself.

In some cases, it becomes necessary to go to court:

The employee does not want to compensate for the damage.
The deadline for payment of the established damage has passed.
The specialist agreed to make up for the shortage, but then changed his mind about doing it.
The employee resigned and refused compensation.

In such cases, you may need the help of a lawyer.

Can a school teacher be a financially responsible person?

712 lawyers are now online Consult a lawyer online Ask a lawyer 712 lawyers are ready to answer now Answer in 15 minutes Hello. Please tell me whether the school director can force teachers to sign an agreement on financial responsibility December 10, 2015, 21:17, question No. 1068313 Elena,

Krasnodar Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 427 answers 176 reviews Chat Free assessment of your situation Lawyer, Kaliningrad Free assessment of your situation There is a Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85 “On approval lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial responsibility.” So here it is.

There are no teachers on the lists of this Resolution. Such agreements are void. December 10, 2015, 21:33 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions September 19, 2021, 14:16, question No. 1381970 February 16, 2021, 23:11, question No. 1911029 August 28, 2021, 06:41, question No. 2090128 November 27, 2021, 18:47, question No. 1826475 October 07 brya 2021, 15:04, question No. 1773016 See also Pravoved.ru In

Financial liability in educational institutions

Material liability of employees is one of the means of protecting forms of ownership, since it represents the legal obligation of the employee who culpably caused the damage to compensate it in the amount established by law.

Therefore, all employees who have an employment relationship with an educational institution bear financial responsibility. The most important regulatory document regulating the application of financial liability to employees of educational institutions is the Labor Code, which came into force on February 1, 2002.

The procedure for applying material liability to employees is regulated by Chapter XI of the Labor Code of the Russian Federation. Art. 232 and 233 of the Labor Code of the Russian Federation establish the conditions for the occurrence of material liability, which must be followed in each specific situation related to the identification of the person guilty of causing damage to the organization, the amount and procedure for its compensation.

According to Art. 233, financial liability for damage caused to an educational institution in the performance of labor duties as a result of culpable unlawful behavior (action or inaction) is assigned to the employee who caused the damage.

Hiring is carried out in accordance with Art. 68 of the Labor Code of the Russian Federation by order (instruction) of the administration of the educational institution. In this case, an employment contract must be concluded in writing. However, actual admission to work is considered the conclusion of an employment contract, regardless of whether the hiring was properly formalized.

What types of ML are applicable?

There are two types of MO in preschool educational institutions:

Limited compensation is compensation for harm caused in a predetermined amount. Most often, the employee will be required to contribute an amount equal to the average monthly salary.

The Labor Code does not have a clear list of violations that will result in this type of penalty. But in most cases, limited liability will be assigned:

If the employer's things were broken or destroyed due to negligence.
When there is a shortage of funds.

Full compensation is compensation for the harm caused in full, without any restrictions. This type of punishment occurs in the following cases:

Specific injury due to conscious action or passivity. Lack of material assets. The injury occurred during the performance of direct duties

For example, due to careless, improper handling of the tool. Other cases specified in the agreement. In particular, the employee should have warned the boss about the threat to the safety of property, but did not do so.

The circumstances outlined in such a document should not contradict basic legislative acts:

Constitution of the Russian Federation.
Federal laws.
Labor Code.
Government resolutions.

Financial responsibility at school

By studying the topics “Civil Law”, “Subjects of Civil Legal Relations”, becoming familiar with such concepts as “civil legal capacity”, “civil capacity”, “full legal capacity” within the subject “Law”, the student can directly encounter situations that he can resolve will be able to partly with the help of a certain amount of legal knowledge.

A child accidentally broke the glass of a cabinet in his school office, should parents pay for glass replacement?

Probably yes. However, the following circumstances must be taken into account. In accordance with clause 5, part 1, art.

43 of the Federal Law “On Education in the Russian Federation”, students must treat with care the property of the organization carrying out educational activities. This rule applies to all categories of students specified in Art. 33 of this Federal Law - pupils, pupils, students, etc.

At the same time, issues of civil liability for damage caused to the organization’s property, as well as issues of compensation for this harm, are regulated by the provisions of civil law. According to the general rules of Art. 1064 of the Civil Code of the Russian Federation, responsibility for causing harm lies with the person who caused the harm, unless he proves the absence of his guilt. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.

In some cases, compensation for harm is allowed even in the absence of the fault of the harm-doer. Special rules are established in relation to liability for harm caused by minors.

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Financial responsibility in educational institutions book

According to the List of Works, the employer can enter into written agreements on full financial liability for shortages of entrusted property with specialists who carry out work on receiving for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, branches, sites, other organizations and divisions. The work specified in the List can be performed by employees who do not hold any specific positions. The main thing in this case is the nature of the work performed.

directly related to the storage, processing, sale, transportation or use in the production process of the valuables entrusted to the employee.” Info Can a chemistry teacher be a financially responsible person if he simultaneously works part-time as a laboratory assistant in a chemistry lab?

4. Is it legal for the administration of educational institutions to demand full financial responsibility of the teacher, the head of the computer science classroom, for all computer equipment not only in the classroom, but also in the school? I wonder if there is any judicial practice of recovering the full cost of a stolen computer class or computer from a teacher?

5. Important Does the school administration have the right to demand money for a “damaged” class magazine?

Review of legislation On two types of liability:

“liability for direct actual damage caused to the employer”

and “full financial responsibility” is discussed in Articles 238-248 of the Labor Code of the Russian Federation.

Additional agreement between employee and employer

An additional agreement is a document that officially supplements or changes the essential aspects of the main agreement.
It is drawn up on the basis of the basic provisions of the previous document, with the participation of the same parties. Relies on the order of the head of the organization. Due to personnel movements, employees who entered into an initial agreement on full team responsibility may leave the list established by the agreement. This is not a reason to renew the contract.

In this case, the retired employees are deleted from the list, which indicates the termination of their responsibility for the employer’s property. Newly admitted persons are included in the list and put their signatures.

If such changes have an incorrect effect on the form of the contract, then it is permissible to draw up an additional agreement for a newly hired employee who is joining the team. However, if the composition of the team included in the list has changed within 50%, such an agreement must be re-concluded and drawn up according to the number of participants at the current time.

In addition to what is indicated, an additional agreement is drawn up in all cases when:

certain points (sub-points) are changed;
new provisions are introduced;
provisions that have lost legal force are annulled.

When drawing up an additional agreement, you must indicate:

details of the main agreement;
the clause (subclause) that is cancelled;
item (subitem) that is being introduced.

Finally, the signatures of the parties and the employer’s seal are affixed.

An example of a document in the photo below:

Financial responsibility in the education system

Contents Educational management To the head of an educational institution Financial responsibility... A.B.

Bethlehemsky, Ph.D. , Director of the Center for Economics of Education, Vice-Rector of the Nizhny Novgorod Institute for Educational Development Financial liability of employees of educational institutions In the activities of educational institutions, the question of financial responsibility of employees often arises. It is known that the regulatory framework for the material liability of workers has been established for a long time.

Meanwhile, when faced with such cases, the head and accountant of an educational institution do not always clearly understand in what cases the employee bears financial responsibility, what is the procedure for assigning it, how to determine the amount of damage caused, etc.

Appendix to the Order of the Ministry of Health and Social Development of the Russian Federation dated August 14, 2009.

No. 593. [7] Here we do not consider three cases when any employee, by law, bears full financial responsibility: if a “shortage of valuables received under a one-time document” is discovered (for example, for organizing a summer camp, trip, etc.), if damage caused intentionally, or while under the influence of alcohol, drugs, or as a result of criminal actions of an employee established by a court verdict.

Statement of claim for recovery of damage caused during the performance of labor duties "" 20 _ year between the person (name of the educational institution) and the defendant (full name, year of birth) an employment contract was concluded for employment in a position with a salary of rubles.

General procedure for bringing to justice

To punish the person responsible for the losses incurred by the company, the employer must act according to certain rules.

1. Establish the amount of damage.

According to Art. 246 of the Labor Code of the Russian Federation, actual losses are assessed on the day the harm was caused (discovered), taking into account market prices, but not lower than the cost according to accounting data. Also, regulations may establish other amounts of damage. In particular, according to the law on narcotic substances, in the event of theft or shortage of such products, the employee is obliged to pay 100 times the amount of direct damage.

Based on Art. 247 of the Labor Code of the Russian Federation, the employer must clarify what the losses are due to the unlawful actions of the employee. To do this, he has the right to create a special commission, with the help of which he will conduct an inventory, compare market prices and property prices according to accounting data.

2. Conduct an investigation.

The employer is obliged to find out under what circumstances the incident occurred, including by receiving written explanations from the “suspect”. An organization may create (by order) a commission for an official investigation, which will determine how much and for what the employee is to blame, whether his actions were illegal, and whether there is a connection between the actions and the damage caused. The commission records all conclusions in a protocol, which both the worker himself and his representative have the right to familiarize with.

3. Complete the paperwork.

If the employee agrees to voluntarily compensate for the damage, a corresponding agreement must be signed with him. It may indicate the “down payment”, the amounts that the offender undertakes to pay monthly, and other conditions. In addition, the employer must issue a special order according to which a certain amount will be withheld from the employee’s salary - at a time or over several months.

There is no standard for this document at the legislative level, so organizations have the right to use a free form

As with other orders, it is important that the order contains:

name and details of the employer;
name and text of the document;
grounds for punishment;
links to the regulatory framework confirming the guilt of a particular person;
listing of persons responsible for execution of the order.

The order on the employee’s financial liability can be found below.

The order must be signed by the head of the company and the employee

It is very important that it should appear no later than 1 month from the date the damage was established and the circumstances of the incident were clarified. If the deadline is neglected, damages can only be recovered through court

A subordinate will have to be punished in a similar way if he refuses to voluntarily compensate for the company’s losses.

Financial responsibility: what will the teacher be asked to pay in rubles for?

Lukhovitsky Vsevolod Scientific and methodological specialists explain how this side of the relationship between teachers and administration is regulated in legislation. At the beginning of the new school year, the topic of financial responsibility becomes relevant for many teachers.

New classes, new equipment, equipment obtained thanks to sponsorship.

In different schools this issue is resolved very differently, and often the teacher finds himself in a difficult situation.

1. Our school is taking inventory. By order of the director, the supply manager told all subject teachers to make lists of the visual aids, furniture, equipment, etc. available in their classrooms.

Everyone was forced to sign these lists, and now we are told that we all bear full financial responsibility for the safety of school property. Are these actions of the administration legal?

2. Last academic year I became the head of the computer science classroom, and already in the winter I realized that I had made a big mistake.

Computers break down, and they force me to pay for their repairs at my own expense, because I, as the head of the office, bear full financial responsibility for everything in it.

Responsibilities of the head of the economic department

The economic activities of the organization both in schools and in preschool educational institutions are carried out by caretakers. According to their job descriptions, these employees are required to:

be responsible for preserving the integrity of the institution’s material assets;
monitor the general condition of the building entrusted to them;
control the provision of the necessary technical conditions to both the employees of the institution and their wards;
organize the economic part of the institution’s work.

Due to their type of activity, caretakers are required to provide reports to managers and higher authorities on their work. To check the activities of the caretaker in institutions, an inventory is carried out.

Who is the financially responsible person: list of MOL according to the Labor Code of the Russian Federation

Last changes: June 2021 To avoid risks associated with damage to the property of the organization and its clients, a materially responsible person works at each site where such property is maintained and used.

A financially responsible person is an employee who is entrusted with material assets and is fully responsible for them.

Who can be appointed as such in the organization? Can a director be a financially responsible person? What rights do financially responsible persons have, what are their responsibilities?

Financial liability is regulated by Chapters 37, 39 of the Labor Code of the Russian Federation. The list of financially responsible persons under the Labor Code is established by Art. 244, art. 277. It must be said that all workers are responsible for damage or loss of the organization’s property within the framework of the average monthly salary; such responsibility is partial.

The average salary is calculated based on wages for the previous 12 months.

Otherwise, the financially responsible person is responsible for the obligations. Such responsibility is imposed on the team (team) or personally.

Team responsibility is introduced when its members carry out activities together, and it is not possible to isolate the share of participation of each. To avoid team responsibility, a person will have to prove his own innocence with evidence. If the financially responsible person goes on vacation or resigns, a complete inventory of the property entrusted to him is carried out (Part.

3 tbsp. 11 402-FZ dated 06.12.2011)

Why is it compiled?

An order on collective (team) responsibility is drawn up so that all employees of the enterprise, who are familiar with the order, understand the degree of their responsibility to the enterprise and management.

The collective type of MO implies:

All members of a team or team have equal access to the property for which they are responsible.
A single contract for everyone, which they also sign.

With the consent of all team members, an order is issued. The sample order must be correctly drawn up. If an error is found in the document, its validity is canceled.

Full responsibility, unlike individual responsibility, guarantees an even greater degree of monitoring of the organization’s property. Since each member of the team is aimed at fulfilling the terms of the contract and avoiding damages.

Conditions for collective financial responsibility of workers

Based on Article 245 of the Labor Code of the Russian Federation, the list of conditions includes:

A collective agreement is concluded on a good faith basis, where each participant, together with everyone else, is responsible for the company’s property entrusted to him and is personally responsible to the employer in the event of damage;
If damage to the organization’s capital is observed, a specially invited commission conducts an investigation and interviews each employee;
If there is evidence of involvement in causing damage to property, the employee is obliged to compensate for the damage;
An employment contract is concluded only with adults in writing.

In case of conflicting situations, the employer applies to a judicial institution to further clarify the matter.

Sample order for the appointment of responsible persons in the organization

Material liability in the labor sphere applies to one or the other party to an employment contract, and this applies equally to both employees and employers.

The responsible person among the employees is appointed by an order issued by the manager in a free form or sample. Legislative regulation To fully understand the essence of the mat. responsibility, let's look at what it is - a financially responsible person?

Financially responsible persons (MRP) are employees who are financially responsible for the property of the enterprise entrusted to them.

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That is, in the event of damage to property, such employees will reimburse its cost.

Full financial liability (ML) (according to Chapter 39 of the Labor Code of the Russian Federation) occurs only when it comes to:

on identifying shortages of valuables that were entrusted to the employee under agreements or according to any one-time documents;
about authorized persons who have financial liability initially imposed on them under federal law;
about the employee causing property damage intentionally, or while in a state of intoxication;
about causing property damage as a result of improper performance of the MOL, or complete failure to fulfill his direct duties;
on the disclosure of important and protected information.
about illegal misconduct, as a result of which the employer’s property was damaged;

MO is assigned to the employee by appropriate order.

Who is responsible for what?

We draw up an order and agreement on the appointment of a financially responsible person in a preschool educational institution and school according to the sample

Free legal advice: All Russia » » » Contents When is it necessary to familiarize an employee with the order to appoint a financially responsible person, experts explained in the article. Regulations on financially responsible persons Download in .doc Download in Word Help The concept of financial responsibility in labor law can be applied to any side of the relationship - both to the employee and to the employer.

The financial responsibility of the employee, to which the entire 39th chapter of the Labor Code of the Russian Federation is devoted, occurs only under certain conditions. For example, full financial liability is possible only if we are talking about:

disclosure of information constituting a secret protected by law (commercial, state, official, etc.).
damage caused as a result of an employee’s failure to perform his immediate official duties;
shortage of valuables entrusted to the employee on the basis of an agreement or a one-time document;
criminal actions or administrative misconduct of an employee, as a result of which damage was caused to the employer’s property;
damage caused by an employee intentionally or in a state of drug, alcohol or other toxic intoxication;
responsible persons who are financially responsible under federal law;

Some positions initially require full financial responsibility.

Structure and content of the document

Drawing up a school order on MO makes it possible to determine the rights and responsibilities of those responsible for the preservation of property.

The agreement is concluded:

With an adult.
Officially established in this institution.
An employee who directly deals with values.
His profession is on the official list of financially responsible positions.

Such a document is drawn up directly during employment. If a future employee does not want to sign an agreement on medical education at a preschool educational institution, then the employer may refuse him the position.

Along with the agreement there must be an act on the transfer of material assets. If there is no such document, then the agreement itself will later become invalid.

Such an agreement should contain the following clauses:

Document's name.
Name of company.
Last name, first name, patronymic of the head or his deputy.
Based on what document it operates.
Last name, first name, patronymic of the employee.
List of responsibilities of the financially responsible person.
List of employer obligations.
An indication of how the damage will be determined.
In some cases, the damage will not be considered caused.
When the contract comes into force.
How the agreement is terminated.
Address of the parties.
Signatures, wet stamp.
Date of signing.

The agreement is signed in two copies. One of them is given to the employee.

Government Decree No. 85 defines cases when employees will be held liable for property, regardless of whether they signed such agreements or not. For example, the head of an educational institution is included in the list of such positions.

Property liability in educational institutions exists only for specialists whose positions are included in the official List of Positions developed by the Government. It is impossible to demand any compensation from a teacher or educator, since they are not obliged to preserve any valuables.

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Teacher's financial responsibility

IN.

Lukhovitsky Questions from teachers 1. An inventory is being taken at our school. By order of the director, the supply manager told all subject teachers to make lists of the visual aids, furniture, equipment, etc. available in their classrooms.

Everyone was forced to sign these lists, and now we are told that we all bear full financial responsibility for the safety of school property. Are these actions of the administration legal?

2. Last academic year I became the head of the computer science classroom, and already in the winter I realized that I had made a big mistake. Computers break down, and they force me to pay for their repairs at my own expense, because I, as the head of the office, bear full financial responsibility for everything in it.

What should I do? 3. Can a chemistry teacher be a financially responsible person if he simultaneously works part-time as a laboratory assistant in a chemistry lab? 4. Is it legal for the administration of educational institutions to demand full financial responsibility of the teacher, the head of the computer science classroom, for all computer equipment not only in the classroom, but also in the school? I wonder if there is any judicial practice of recovering the full cost of a stolen computer class or computer from a teacher?

5. Does the school administration have the right to demand money for a “damaged” class magazine? Review of legislation On two types of liability:

“liability for direct actual damage caused to the employer”

and “full financial responsibility” is discussed in Articles 238-248 of the Labor Code of the Russian Federation.

Requirements

The property obligation of the director in schools and kindergartens is to comply with the following requirements:

Providing workers with comfortable, safe conditions.
Payment of wages.
Preservation of valuables.

According to the agreement on the MO of the caretaker at the preschool educational institution, he is obliged to:

Monitor the technical condition of the building and carry out repair work on time.
Keep the inventory transferred to them.
Ensure careful handling of furnishings.
Purchase tools and materials necessary to ensure comfortable working conditions.

Laboratory assistants in chemical and physical laboratories must:

Take care of the equipment required for experiments.
Monitor reagent consumption.
Follow safety regulations.
Purchases necessary materials.
Monitor the technical condition of the equipment.

The librarian as a responsible person is obliged to:

Save books and electronic equipment.
Increase the fund by acquiring new resources.
Maintain reporting documentation.

Castellan:

Keep track of the clothes she has.
Draws up write-off reports.
Issues the required textiles.
Fills out the necessary documents.

IMPORTANT ! If the MOL goes on vacation, then he should transfer the valuables to his immediate superior.

Financial responsibility of the school

Is the head of the school's facilities financially responsible for textbooks?
Can the deputy director of administrative affairs at a school be a financially responsible person?
Does the school director have the right to make the husband financially responsible?
Is the head of the school's facilities a financially responsible person?
Can a school director be a financially responsible person?
Is it possible to conclude an agreement on full financial responsibility with the school caretaker?

If it is difficult for you to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is it possible to conclude an agreement on full financial responsibility with the school manager. 1.1. Hello. Yes. It is possible and necessary.

Read Appendix 1 of the Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85. There, in the third paragraph, there is a list of positions, which includes the supply manager. 2. Does the school director have the right to take the husband as a financially responsible person.

2.1. No, the husband has nothing to do with the financial responsibility of the school. 3. Can the deputy director for administrative affairs at a school be a financially responsible person? 3.1. Hello. Yes 4. Can the school director be the financially responsible person?

4.1. Of course it can 5. Is the head of the school’s housekeeping a financially responsible person? 5.1.

What are the types

At the legislative level, there are a total of 4 types of liability to which employees who cause damage to the organization can be held.

Full liability implies payment of the entire amount of damage, without introducing any restrictions at the legislative level.

You are subject to this type of liability if:

an agreement was concluded between the employee and the manager on full responsibility for the transferred property;
the imposition of full financial responsibility on a person is prescribed in the current legislation;
the damage was caused as a result of intentional damage to property;
the employee caused damage while under the influence of alcohol, drugs or other types of intoxication;
the damage was caused during an administrative violation;
the employee’s actions resulted in criminal prosecution;
an employee disclosed a trade secret of the enterprise, which led to losses;
the damage occurred at a time when the person was released from official duties.

Limited financial liability obliges the employee to pay compensation, the amount of which is equal to or less than the employee’s average salary. In this case, its amount is calculated by calculating for the last 3 calendar months.

At the legislative level, there is no list of cases when an employee is subject to limited liability.

Collective liability is applied when, due to the nature of production, it is impossible to identify a specific person whose actions caused damage, for example, when several people are forced to work on the same equipment at once.

With collective responsibility:

a complete list of works for which it can be used is established at the legislative level;
the degree of guilt of each employee who voluntarily compensated for the damage is established by agreement between the entire team and the employer;
a group of people is entrusted in advance with a stated number of valuables, for the safety of which they are fully responsible.

It is worth considering that this type of responsibility is established only after receiving agreement from all team members. Moreover, if the employer files a lawsuit, the amount of payments and the degree of guilt is established in court for each person.

Such a document can only be concluded with adult citizens who, in the course of their activities, will be forced to deal with funds, commodity values and other types of property of the organization.