Sample order for the appointment of responsible persons in the organization

The limits of an employee’s financial liability are determined on the basis of an employment contract concluded with the employer.

Also, certain conditions for compensation for material damage may be established by a collective agreement.

Material liability is considered to be a person’s obligation to compensate for damage caused in fact, which was caused as a result of his guilty acts (actions or inactions).

By issuing an order, the employer can hold certain employees liable for material damage caused by them (or through their fault, including inaction).

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. 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:

• about authorized persons who have financial liability initially under federal law
• on identifying shortages of valuables that were entrusted to the employee under agreements or according to any one-time documents;
• property damage intentionally, or while in a state of intoxication ;
• about illegal misconduct, as a result of which the employer’s property was damaged ;
• 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.

MO is assigned to the employee by appropriate order.

, financial liability is imposed by the state from the very beginning . These include the positions of senior officials at the enterprise: chief accountant, director of the enterprise, as well as all his deputies.

In this case, in accordance with Article 277 of the Labor Code of the Russian Federation, the head of the organization is obliged to be responsible for any material and property damage if it was caused to his organization.

The condition for full MO must be enshrined in a separate agreement (Article 244 of the Labor Code of Russia) and reflected in the employment contract as one of the necessary conditions. This is done so that the employer can subsequently be absolutely sure that he can legally recover from his subordinate an amount equivalent to the damage caused.

This process (appointment of MO persons) is carried out in accordance with all the requirements of the Min. Labor , No. 85.

This document states who can be the financially responsible person. The list is a key factor when concluding employment contracts with employees.

Order on the appointment of resp. persons perform two functions at once:

1. officially approves the powers of a specific official;
2. establishes a list of the enterprise’s property accountable to this person.

At the same time there is no standardized form of this document ; the template for the document on the appointment of the MOL is currently drawn up based on all existing employment contracts, agreements and agreements signed and carried out with this employee, and based on Articles 242 and 244 of the Federal Labor Code .

Here you can find a free form for an order to appoint a mat. responsible.

At the same time, the time when the document can be issued is not strictly tied to the employee’s hiring , or to any other time frame. This is due to the fact that the time of checkmate. The responsibilities of a company employee and the time of his hiring to the company may vary.

When an object of responsibility appears (and this can happen at any time, regardless of when the employee was hired), it will immediately be placed under the responsibility of a specific official selected from the regular employees. Then financial responsibility will be established.

Watch the video about the nuances of swearing.
responsibilities:

What other papers are needed?

Employees interested in office work and clerical work patterns should understand that issuing an order to the responsible person is only the beginning of the work. It is created and signed by the head of the company, after which the next stages of building a liability system begin. The second stage is the signing of an agreement for full collective or individual responsibility. It is also drawn up according to a standard form, which is not strictly approved. The agreement is a local document and is drawn up on plain paper. We recommend that you comply with the standard conditions so that it cannot be appealed in court in the future.

Additionally, financial liability can be introduced in other documents. For example:

1. In the job description of a specialist.
2. In the employment contract, as well as in the supplement to it.
3. In various local papers and powers of attorney.

Attention:

the financial liability introduced in the employment contract has the same legal force as a separate order with the contract.

In general, there is nothing complicated in drawing up this document. It’s enough just to follow our recommendations and avoid mistakes. Be sure to write the full name of the person responsible and his position, indicate the area of ​​responsibility (warehouse, laboratory, car, etc.). The person must read the order and sign it. If he does not agree to sign, then the manager has the right to apply certain sanctions. For example, when applying for a job, a candidate may be refused, or if he is already working, he may be fired.

Appointment procedure

Instructions on how an employer should act when choosing and assigning mat. responsible person:

• the workplace is prepared , it is checked how materially and technically it is provided;
• a candidate is selected . In this case, all important characteristics are taken into account: education, experience in this field, absence of medical contraindications, etc.;
• the candidate is fully explained his labor and authorized duties , working conditions, guarantees, payment is negotiated, and the candidate is also provided with intra-organizational regulatory documentation;
• two contracts are concluded: an employment contract and a contract on full individual medical education;
• the employee is officially hired: for this, an order is issued in form N T-1/N T-1a, then a personal card is issued for the employee and a corresponding entry is made in the work book;
• is issued to appoint mat. responsible employee , about his capabilities and full set of responsibilities. The employer's inventory and materials are received and transferred, which are used during production and sales.

If the employer assigns responsibility to an employee from the company’s staff, then the whole procedure is simplified and boils down to the fact that it is necessary to conclude this agreement with the current employee and issue an appropriate order on this basis.

Only one contract can be concluded with one employee. In this case, the agreement can be of two types: as a collective mat. responsibility, as well as individual responsibility.

According to the law, it is impossible to conclude a full medical agreement with minor citizens. By law, employees who have not reached the age of majority bear full responsibility only for causing property or any other damage (intentional, or caused as a result of alcohol, drug or other intoxication).

CONTENT OF THE AGREEMENT

The standard form of an agreement on full individual financial liability was approved by Resolution No. 85.

a) treat the employer’s property entrusted to him with care and take measures to prevent damage;

b) promptly inform the employer or immediate supervisor about all circumstances that threaten the safety of the property entrusted to him;

d) participate in the inventory, audit, and other verification of the safety and condition of the property entrusted to him.

a) creating for the employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him;

b) familiarization of the employee with the current legislation on the financial liability of employees for damage caused to the employer, as well as other regulatory legal acts (including local ones) on the procedure for storage, reception, processing, sale (release), transportation, use in the production process and carrying out other transactions with the property transferred to him;

c) performing control functions - carrying out, in accordance with the established procedure, inventory, audit and other checks of the safety and condition of property.

The standard form does not indicate the employee’s rights granted to him in connection with the conclusion of this agreement. The rights of the employee are derived directly from the responsibilities assigned to the employer.

The rights of a financially responsible employee include:

• the right to demand from the employer the creation of the necessary conditions to ensure the safety of property;
• the right to be familiar with all changes in legislation on the procedure for storage, reception, processing, sale (release), transportation, use in the production process and other operations with the property transferred to him.

Resolution No. 85 does not directly provide for such a possibility. However, it should be noted that this form is quite laconic and requires, in our opinion, a more detailed explanation of its individual provisions and their addition depending on the working conditions in the organization.?

For example, we believe that the contract should spell out in more detail the employer’s obligation to ensure proper conditions for storing property, namely: what specific measures and actions the employer should take in this regard.

Therefore, it seems that certain provisions of the standard form on full individual financial responsibility can and should be changed and supplemented by the parties to the contract depending on the working conditions in the organization.

But, when making appropriate changes and additions, one should still remember that it cannot provide for conditions that worsen the situation of workers in comparison with the current legislation, otherwise they simply will not be applied.

An agreement on full financial liability makes the employee responsible only for the shortage of entrusted valuables.

The employer’s desire to impose full financial responsibility on the employee for damage to the goods transferred to him indicates the imposition of liability on the employee in an amount not provided for by the Labor Code of the Russian Federation, which worsens the employee’s position in comparison with current legislation.

In case of damage to material assets transferred to the employee in connection with the conclusion of an agreement on full financial liability, the limit of material liability is determined in accordance with Art. 241 of the Labor Code of the Russian Federation - for damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

List of positions

Before appointing one or another company employee financially responsible, you must first make sure that this employee, or rather his position, is included in the list established by Regulation No. 85 of the Ministry of Labor of December 31, 2002.

For example, this list clearly includes the positions of cashiers, transport controllers, storekeepers and managers. warehouse, heads of construction sites, laboratory doctors, heads of pharmacy points. All these positions are subject to an individual type of mat. responsibility.

Collective, or brigade type, full mat. responsibility is imposed on such areas of activity as: accepting cash payments through the cash register, depository services, sales of goods, delivery of cargo, luggage, mail, etc.

You can read about the collective responsibility agreement here.

However, the employee does not become responsible for the property immediately after taking ownership of it, that is, without the official designation of the employee as the responsible person, he will not be responsible for the property.

Who is responsible for what: limits, conditions, agreement

In case of damage or loss of equipment, products, or vehicles, the employee must compensate the company for damages. The law provides for several types of liability:

• full and limited. In the first case, the perpetrator will have to pay for all direct actual losses suffered by the employer due to his illegal actions. In the second, the worker will get off with a “fine” in the amount of one of his wages;
• individual and collective - depending on how many people are simultaneously responsible for the safety of products, property, and other valuables.

It is prohibited to conclude agreements with one person on both individual and collective responsibility: either the subordinate is responsible personally or together with colleagues (see Article 245 of the Labor Code of the Russian Federation). However, exceptions are possible, for example, for a cashier-seller, as an agreement on collective financial liability can be concluded with the seller, since, in addition to the seller, other employees have access to the hall where the goods are displayed, and his responsibility cannot be delimited with them . At the same time, the duties of this employee include transactions with funds, to which no one except him is allowed.

It is not always possible to assign full financial responsibility. There is a list of professions and jobs in which employees may be fully responsible for the safety of property, goods and equipment. Such a list is contained in Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85. In addition, in order to recover the entire amount from the perpetrator, the parties must sign an agreement on financial liability. The standard form of this document is also given in Resolution No. 85.

Agreement with the team

Please note that the law does not force such agreements to be concluded. This is the right of entrepreneurs, guaranteeing that if an employee is at fault, the owner company will be able to compensate for all damage. If there is no corresponding written agreement, the subordinate will pay only within the average monthly salary (Article 241 of the Labor Code of the Russian Federation).

Sample order

Since this document does not have a unified form, it is drawn up in any form , and all rules for the preparation of primary accounting documentation must be observed. These rules are established by the Federal Law “On Accounting” dated December 6, 2011 N-402-FZ.

The form must contain the following information:

• name of the enterprise , its location and basic information about it;
• registration number and date of the document;
• Full name gen. the director of the enterprise, or another person who has the authority to issue orders and instructions;
• a brief indication of the purpose of issuing the order (preamble), also indicating a reference to the legal act on the basis of which it was issued (for example, the Labor Code);
• the essence of the order and the signature of the management of the enterprise;
• signatures of all employees affected by the order, which indicates that they are familiar with the document.

Sample order for the appointment of mat. responsible person:

Development of provisions on financial liability

Due to the fact that there is no established form for this Regulation, each manager independently decides which sections to include in the document. Competent development of the Regulations on mat. Responsibility is handled by several services of the organization, which include:

• Human Resources Department, the competence of whose employees includes the development of a draft document and standards of responsibility for each of the parties to the labor relationship regarding the safety of entrusted property;
• Lawyers who check the developed draft Regulations for compliance with legal requirements;
• The accounting department, whose employees must develop a procedure for establishing the amount of damage caused and determine ways to cover it in front of the employer.

In the process of developing the Regulations, the following information should be included in it:

1. General provisions of the document;
2. Responsibility to which employees will be held in case of damage to the employer's property;
3. The procedure for concluding agreements between the parties to the relationship on the issue of attracting financial obligations;
4. The liability that the employer will bear in the event of a violation of agreements with a subordinate;
5. The process of identifying damage caused to the organization by full-time employees;
6. The procedure for determining the amount of financial damage;
7. The process of collecting monetary compensation from persons found guilty of an established violation;
8. Circumstances on the basis of which charges against suspects may be dropped;
9. Final section.

Actions with the responsible person

Before accepting a person to the staff, mating agreement is signed responsibility (although it may be signed later).

The process of changing or dismissing a MO at your own request is absolutely the same as for other employees. It is fully described in Chapter 13 of the Labor Code of the Russian Federation.

In accordance with the law, an employee must submit a letter of resignation fourteen days in advance. When this period expires, he will be given documents, and a cash settlement will also be made. According to the law, the dismissal procedure cannot last more than two weeks.

Inventory is a mandatory condition for an enterprise, in accordance with the requirement of the Ministry of Finance in order No. 119n. In this case, the document on material assets is transferred to the chief accountant of the enterprise , and if there are no complaints, then it is signed.

Dismissal of a MOL without inventory is illegal!

The property of the enterprise is transferred by a resigning or replaced employee to another employee , usually from the staff, which is confirmed by a transfer act signed by the employees of the organization who participated in the inventory. After this, you can quit without any problems.

Example of an order to change the MOL:

Teacher's financial responsibility

Today we will try to figure this issue out together. ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

• The legislative framework
• Order on the appointment of a financially responsible person at a preschool educational institution and sample agreements
• What types of ML are applicable?
• Requirements
• Grounds and conditions of appointment
• Structure and content of the document

Legislative framework Who is the financially responsible person in the school? According to the Decree of the Ministry of Labor dated 31.

12. The Government of the Russian Federation. We sent the following request to the Federal Service for Labor and Employment: Which of the employees named in Order of the Ministry of Health and Social Development of the Russian Federation dated August 14, 2009 No. 593 “On approval of the Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics” positions of educational workers” is it possible to conclude agreements on full financial liability? The response received says: “The List of positions with which an agreement on financial liability can be concluded includes positions of educational workers such as laboratory assistant, methodologist of the department (dean’s office), head of the library sector . We did not find any indication of full financial responsibility in any version of the job description for a laboratory assistant at a school.

The List refers to a department laboratory assistant at a university. 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 contract. In particular, the employee should have warned the boss about the threat to the safety of property, but did not do so

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.

ATTENTION! Full financial responsibility can be individual or collective. The latter is installed if work is carried out by a group of people

Compensation for damage

If for some reason an MO employee causes damage to the property entrusted to him, which leads to specific monetary losses to the employer, then the latter has the right to expect to recover compensation for this damage. The same applies to shortages if the employee works with values.

It is legally possible to hold an employee under two types of liability: limited and full:

1. In the first case, the MOL compensates for damage from its own average earnings, regardless of the amount of damage caused . The shortfall can be withheld in parts from his salary.
2. Full liability is compensation for the entire amount of damage caused . Moreover, the perpetrator has the right to compensate for losses not only in cash, but to provide similar property in replacement of the one that was damaged, or to personally correct the consequences of his own actions.

How a document is compiled, features of its structure

The list of positions includes:

• cashiers, salespeople and other employees engaged in these jobs;
• management and specialists related to financial, collection and expert activities in relation to jewelry and banknotes;
• directors, administrators and other responsible employees of the public service sector, the hotel sector;
• managers and engineering staff of construction and installation organizations;
• managers of warehouses, commandants of buildings, forwarders, paramedical personnel and other officials involved in the storage, movement and use of material assets;
• management of pharmaceutical industry companies and pharmacy chains;
• laboratory assistants, economic workers of educational institutions, librarians.

The general conditions imposed on employees appointed by order and responsible for the safety of the company’s property and monetary assets are established by Art. 244 of the Labor Code of the Russian Federation and assume:

• mandatory age of majority;
• by type of activity directly related to the maintenance and use of material assets and property of the enterprise.

There is one exception: minors may be held liable if the losses caused by these persons to the enterprise were committed while intoxicated or as a result of theft.

It should be remembered that the employer is not obliged to enter into liability agreements, but this is his right. Likewise, an employee whose position falls under the criteria listed above cannot be withheld from full compensation for losses without a concluded contract.

The order is not one of the documents necessarily regulated by legal requirements. But in normal practice, it is issued before concluding a liability agreement.

Release from liability

The Labor Code stipulates situations when persons can be exempted from swearing. responsibilities:

1. Management absolves the employee from the consequences of his actions because of his professional skills and experience .
2. Damage to property was caused, but it was not caused by the direct actions of the employee, while he himself acted in accordance with instructions .
3. Damage to property was caused in order to avoid further destruction/to save people in an emergency situation.

Legal practice shows that it is better not to bring the resolution of all formal and monetary issues of management with the MOL to court, since due to the specifics of such cases, most of them last for whole years .

Order on bringing to financial responsibility

The presence of an agreement on medical education is the basis for compensation for damage caused to the employer

It is important that the damage be real, for example, a shortage of medical supplies in the pantry or money in the cash register. Lost profits cannot be considered as damage

Identification of a shortage is a classic example of holding the MOL accountable. In such a case, we can talk about full compensation for the damage by the employee, since he agreed to full responsibility when signing the medical agreement. Full liability is also provided for workers who caused damage if they did this:

• intentionally and consciously;
• being in a state of intoxication;
• divulging trade secrets.

There is also partial responsibility of the employee. In these cases, the employer will be satisfied with collecting a share of the damage in the amount of average monthly earnings.

An employee can be brought to compensation for damages in full or in part only if his guilt is proven. To do this, the employer will have to:

• Conduct a property inspection to determine the extent of damage;
• appoint a commission that will conduct an internal investigation;
• obtain explanations (written) from the employee;
• determine the amount of damage.

So, the order imposing financial liability, a sample of which we have presented, is a confirmation of the employer’s conviction that the employee is guilty and is based on factual circumstances - the results of the investigation. The absence of documentary evidence of what happened is a reason for appealing the employer’s actions.