Why is it necessary to assign property to an employee?
It is a truism that the employer is interested in placing responsibility for the equipment on the employee, since it is necessary to ensure its safety.
Maintaining safe conditions is a fundamental part of production activities in which a manager should be concerned. The equipment must be assigned to a specific employee.
There are several reasons for this:
- Only a trained person can know how it works correctly.
- According to the Labor Code of the Russian Federation, the employee bears financial responsibility for the employer’s property, therefore it is necessary to assign this responsibility to him in a documented manner.
- If an emergency situation occurs and an administrative document on assignment has not been issued, then responsibility is automatically assigned to the employer.
How to properly assign equipment to an employee
It is a truism that the employer is interested in placing responsibility for the equipment on the employee, since it is necessary to ensure its safety. Maintaining safe conditions is a fundamental part of production activities in which a manager should be concerned.
In such a situation, we will only talk about responsibility for those assets that are in common use by the department (department). The manager is not responsible for the safety of the computer used by employee Petrenko: Petrenko himself is responsible for this.
In order to assign to the head of a department (division) certain assets located in his department (department), it is worthwhile to write down such a norm in the job description. He will familiarize himself with it when applying for a position.
How to draw up an order to appoint a responsible person
Without these documents, recovery of damages is impossible. Financial liability cannot be applied to an employee if the damage was caused due to:. In addition, the employer has the right to refuse, in whole or in part, to recover damages from the guilty employee (Article of the Labor Code of the Russian Federation).
The procedure and conditions for refusing to recover damages must be determined by an agreement or other regulatory document of the employer, for example, the charter of the organization. In the event of the dismissal of one employee or his replacement with another, the employer must prepare documents on the change of the financially responsible person. However, that's not all.
The workplace condition can be further clarified in the employment contract at the discretion of the parties (part four of Article 57 of the Labor Code of the Russian Federation). Thus, it is not necessary to indicate the workplace condition (office number) in the employment contract.
At the same time, the employee does not perform any work and does not occupy positions named in Resolution No. 16.
Standard or individual provisions on labor protection, providing rules for performing work on a particular equipment, mechanism, or machine, already contain the necessary list of conditions regarding the safe performance of work and the employee’s responsibility for failure to perform them.
Assigning equipment to workers
In all these cases, it is necessary to clearly formulate a list of assets (indicating inventory numbers), for the safety of which the head of the department (division) will be responsible, and familiarize him with it against signature.
Maintaining safe conditions is a fundamental part of production activities in which a manager should be concerned. The equipment must be assigned to a specific employee.
As for transport, here you can refer to the POT RM “Inter-industry rules for labor protection during the operation of industrial transport (floor-mounted trackless wheeled vehicles)”, namely paragraph 4.2.11, which says that each vehicle needs to be assigned to a -or a driver.
Order on assigning equipment to workers
Questions regularly arise about what specific reports a HR specialist needs to make. In order not to miss a single report, we suggest using the calendar we have developed. He will tell you what reports the HR officer submits and where, and will also help you fill them out correctly.
Near the equipment located in the workshop, it is necessary to place safety instructions that ensure regulation of the process for the safe performance of work. The employer is limited in the choice of responsible persons in areas of professional activity. This limitation is due to legal requirements.
If a shortage is detected, the management of the enterprise has the right to recover the amount of damage caused from the employee’s wages. If the inventory of valuables is not completed, it will also become impossible to recover damages from the employee.
Order to assign a workplace to an employee
I ORDER:
- Assign a VAZ -1110 passenger car, registration number AA 2548B, to the 1st class driver O.D. Potapenko.
- Control over the implementation of the order rests with the Deputy Director for Economic and Production Issues Lychenko R.I.
To appoint those responsible for office work (for example, for keeping track of working hours), a document can be issued that also affects a group of persons at once. Appointments that do not relate to financial responsibility do not provide for additional agreements with employees.
Assign _________________ to be responsible for the technical good condition of the compressor, inventory number _____________. 6.
With one order, the manager can assign responsibility for storing material assets to a group of people at once. It is important that according to Art. 245 of the Labor Code of the Russian Federation, without a written agreement on full collective financial responsibility, which is concluded between the employer and all members of the team, the document cannot have legal force.
Assign _________________ to be responsible for the technical good condition of the compressor, inventory number _____________. 6.
Each employer determines for himself who will be responsible for the safety of equipment at the enterprise: he or one of the employees. Naturally, many prefer the second option, since this increases the responsibility of the work performed; employees perform their duties, guided by existing standards.
Moreover, the fact that some employees are provided with cars as an auxiliary measure to perform their work functions has no legal significance.
Now officials want to repeat the pilot project, but its goal is different. Nowadays, excessive curiosity can be very costly for an employer. In personnel work, it is necessary to produce a huge number of various documents, the need for which sometimes raises doubts and gives rise to a desire to optimize work.
They must be specified in each such order. The justification is the real reason for creating the document, which is indicated after the words “In connection with...”. The basis is a direct link to any specific internal document of the enterprise (an official or memorandum, a normative act) or an article and clause of the law (given in the form of a number and date of issue).
They regulate the interaction between the employer and employee in matters of transferring responsibility for the safety of equipment.
Order to appoint a person in charge (sample)
The same plate indicates the only financially responsible person who is responsible for the serviceability of the machine, tool or other potentially dangerous equipment.
But the head of the department (department) can still be held responsible for the safety of property (office furniture, office equipment). This is not directly stated in the Labor Code, but there is no prohibition either.
The order to assign responsible persons to the equipment entrusted to them contains only three parts:
- preamble or introductory part;
- the order or main part of the document;
- additional information;
- conclusion.
When including conditions on such responsibility in a written contract with an employee, it is not necessary to issue an additional order, but the employer can do this if it is convenient for him to support the agreement with an order when conducting document flow.
Source: https://usikitv.ru/oformlenie-dokumentov/6730-kak-pravilno-zakrepit-oborudovanie-za-sotrudnikom.html
Regulation of the process at the legislative level
In labor legislation, there are separate articles regulating issues of assigning responsibility for the safety of equipment:
- the equipment must be registered and have an inventory or item number;
- it should have a small sign indicating the person in charge;
- It is necessary to indicate on the sign the person who should carry out repair work and maintenance of the facility.
Near the equipment located in the workshop, it is necessary to place safety instructions that ensure regulation of the process for the safe performance of work.
What conclusion can be drawn
Thus, ensuring safe working conditions is the direct responsibility of the employer to each employee
. Appointing a responsible person is one of the fundamental measures to solve this problem.
Hiring a new employee or combining the duties of an occupational safety specialist with the main position of an existing employee is secured by a special document - an order on the appointment of an occupational safety specialist
. It must be drawn up without fail and certified by the signature of the general director.
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 order issued by the manager
according to free form or sample.
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What specific equipment should be secured?
All equipment operating in the organizational structure must be assigned to the employees operating it, who are responsible for its serviceability and safety.
List of objects to be pinned:
Type of equipment | Securing procedure |
Machine tools | They are assigned to mechanics or turners as the main operators, and repair functions are assigned to mechanics and electricians. |
Computers | Each system unit and monitor is operated by one person, so it is assigned specifically to him. |
Lifting mechanisms | Fastening is mandatory in accordance with the requirements of Rostechnadzor and OSH rules. Only certified specialists are allowed to work on them. |
Equipment operating under excess pressure | Cylinders and other containers must be handled by persons who know their technological features. It is important to study the requirements for safe work; persons who have nothing to do with the technological process should not be allowed. |
Automobile | Maintained and operated by one staff. It is important to know the structure of the mechanical and electrical parts. The employee is responsible for its correctness. |
Welders | When working, you need to know their structure and operating rules. The number of employees allowed must be limited. |
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:
What parts does an administrative document consist of?
The order to assign responsible persons to the equipment entrusted to them contains only three parts:
- preamble or introductory part;
- the order or main part of the document;
- additional information;
- conclusion.
The administrative document has legal force; it can be attached to the package of documents when resolving controversial issues in court.
Assigning Responsibility
In order for the enterprise to function clearly and smoothly, it is necessary to constantly monitor the work of each section and department. Any process must be controlled so that no external reasons can disrupt it. For this purpose, one person is usually selected from among the employees, who, due to his professional skills and psychological qualities, will be able to constantly monitor compliance with order in a particular area. To document the assigned responsibilities, the company management is obliged to issue the appropriate “Order on the appointment of responsible persons.” As a rule, such a document is signed by the director.
The initiator of its creation can be either the manager himself or the head of one of the departments or divisions. An “order on the appointment of responsible persons” may concern both the work of a separate service and the entire enterprise as a whole. It all depends on the responsibility assigned to a particular person. Take, for example, issues of labor protection. The “Order on the appointment of responsible persons” in this case will apply to the entire enterprise. And the storage of work records or the processing of personal data, for example, is the responsibility of the personnel department. The powers of the responsible persons in this case do not extend beyond the boundaries of their department.
The main part of the administrative document
The main part of the order must include the following information:
- In the center is written the word: “I order.”
- Afterwards you need to write who is the responsible person and indicate a list of objects. You should indicate the equipment number according to accounting.
This list can be very long. But it is important to know that equipment can only be assigned to one employee, since only one person can ensure safety. It’s easier to ask from one rather than several. You can write everything in any form.
Issuance of an order
To assign one or another duty to an employee, management must draw up a corresponding order. The appointment of a financially responsible person always begins with an inventory. This is understandable. After all, such a labor function usually concerns:
- management of various inventories,
- accepting and making payments,
- storage and further maintenance of material assets.
A person performing such work must remember the safety of the property entrusted to him.
Do not forget that any wrong action can lead to undesirable consequences, namely compensation for the harm caused. There are different types of liability:
- full,
- collective,
- individual,
- limited.
Each of them leads to different consequences, which should be clearly reflected in the order. In addition, do not forget that an employee who is on the staff of an enterprise has some advantage over someone who, for example, is hired under a contract. In the first case, he will simply compensate for the damage caused, and in the second, he will have to additionally pay for the benefit that the company was unable to receive due to his incorrect actions.
additional information
Along with the basic information, the administrative document may contain other important data:
- Which employees ensure the safety of equipment, including compliance with fire safety requirements and the use of personal protective equipment during work. In order not to wonder where to get these wordings from, just look at the rules and make an extract one by one.
- What documentation contains information about technological equipment?
- If employees are allowed to access one facility using one list. Opposite the names should be written the numbers of the certificates with the dates of the last knowledge assessment.
- Information about repairs, diagnostics and maintenance performed is recorded in a special technical journal.
- If spare parts have been replaced on technological equipment, then this information should be entered into a separate log.
- If the order turns out to be quite voluminous, then the use of separate tables is allowed.
Sample order on the procedure for assigning welding equipment to workers
(logo of the organizational structure)
JSC Energoprombezopasnost
Kirov city
Order of the General Director
№ 23/85
Based on the requirements of labor legislation, labor protection rules and Rostechnadzor
I ORDER:
- To appoint turner P.A. Lomaev as the person responsible for the 16K20 lathe.
- Appoint K.Zh. Nepryakhin as the person responsible for the safety of the welding machine.
- For equipment maintenance, timely repairs and periodic inspections, appoint a responsible person as a mechanic - power engineer P.L. Nevuraeva.
- Control over the implementation of this Order is assigned to the chief engineer Khuzin K.Zh.
Is it possible to assign additional responsibilities to an employee and how to do this?
It is certainly possible to assign additional responsibilities to an employee that are not provided for in his employment contract.
For example, during the absence of a specialist from the HR department, a secretary or accountant working in the same organization as the temporarily absent employee can hire new employees.
However, the employer does not have the right to unilaterally increase the amount of work by assigning additional responsibilities to the employee. First, it is necessary to obtain the employee’s consent to perform the functions of an absent colleague.
Secondly, document these changes in labor relations. There are no restrictions regarding the circle of persons who can be involved in carrying out additional assignments. The manager has the right to assign additional responsibilities to any subordinate, based on his workload, experience, and professional qualities.
FEDERAL ANTI-MONOPOLY SERVICE dated December 28, 2012 N 798/12 1.
Approve the assignment of office premises to the structural divisions of the FAS of Russia in accordance with the Appendix to this order. 2. Responsibility for the careful operation of assigned premises and the safety of material assets in them, as well as ensuring fire safety, should be assigned to the heads of structural divisions of the FAS Russia.
3. Heads of structural divisions of FAS Russia should appoint those responsible for fire safety in each office. 4. Consider the order of the FAS of Russia dated October 12, 2009 N 674 as no longer in force
“On assigning office premises to structural divisions of FAS Russia”
. 5. Entrust control over the execution of this order to the Deputy Head of the FAS Russia, A.V. Dotsenko.
Temporary acting head A.V. Dotsenko
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If you need to secure your car
In order to ensure the securing of a technical vehicle, it is enough to write the following phrases:
- indicate the model and registration number, accounting number;
- clearly state the surname and initials of the driver to whom the car is assigned, its class and the due date for the next tests;
- who is responsible for monitoring compliance with the requirements of the administrative document.
About securing a workplace
In order to correctly formulate the content of the administrative document on assigning a given workplace, the following information should be taken into account:
- So that the employee has the rights to preferential pension benefits.
- If a number of issues need to be resolved in court.
- If justification is required for paying bonuses to an employee because working conditions are harmful or dangerous.
- To receive compensation and benefits.
If the administrative document was previously lost, it is recommended to find other documents confirming these circumstances.
reporting of officials responsible for the safety of property in the warehouse.
Employees of organizations in the course of their work use various property and material assets of the employer. For some reason, they may be lost, damaged or worn out before their service life. In situations where this occurred as a result of negligence towards property, employee negligence or other biased reasons, the employer has the right to demand compensation for losses from the worker and hold him financially liable.
General concepts of material liability The Labor Code of Russia, in a separate section, establishes the concept, features and conditions for the occurrence of material liability (ML) of the parties to an employment contract. According to this source of law, the employer or employee is obliged to compensate for damage caused to the other party to the employment agreement.
- failure by the employer to fulfill obligations to organize appropriate conditions for storing property entrusted to the employee.