Order to appoint a responsible person. 2021 sample

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Published: 07/05/2016

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Employees of certain categories or positions are held liable for flaws in their work only if an order has been issued against them imposing liability.

The order is issued on the basis of a signed employment contract, annex to which is a job description .

Publication cases
Document structure
Execution of an order
Nuances

How to assign responsibilities

The appointment of responsible persons is made by orders of the employer. The form of the order to appoint a responsible person is free.

The responsibility of individuals is established by the employer for a specific area of activity within a division or the entire enterprise. For example, employees may be assigned responsibility for:

labor protection;
fire and electrical safety;
safety of material assets (material liability), etc.

The employer is limited in the choice of responsible persons in areas of professional activity. This limitation is due to legal requirements. For example, the person responsible for labor protection at an enterprise may be exclusively an employee who:

completed training in the appropriate program;
confirmed his knowledge at a qualifying exam and received a state document (diploma);
complies with the professional standard of a labor protection specialist.

The situation is similar with fire and electrical safety.

An example of an order appointing a person responsible for the electrical safety of an enterprise

Who appoints responsible persons

In most cases, such employees are appointed by the head of the company, for example, the general director. But if the organization is large, then the heads of structural divisions or branches can also do this, but, of course, within the boundaries of the departments they manage.

The direct preparation of such documentation is carried out by the personnel department, clerk or secretary.

Fig.4. In organizations with a small staff, the manager is usually responsible for appointing responsible persons; in large enterprises, he delegates these powers

Large corporations often create entire departments that specialize in a specific area, for example, centers of excellence. In organizations with a small staff, the manager can take on the corresponding responsibilities. But even in such cases it is necessary to prepare a special order.

Material liability

Unlike other types, financial responsibility can be extended to all personnel of the enterprise. The scope of such liability is limited to the average monthly earnings of the employee or is established within the framework of the obligation to compensate for the full amount of damage caused (lost profits are not subject to recovery).

Sample form of an order to appoint a financially responsible person

Any financial liability is established by an agreement (individually concluded with the employee or collective). The list of positions (works) of employees with whom the employer can enter into agreements on full financial liability is approved by Resolution of the Ministry of Labor dated December 31, 2002 No. 85. This list includes:

cashiers and cash handlers;
employees, including management personnel, carrying out depository activities, etc.

The heads of the organization and their deputies, as well as chief accountants, may bear full financial responsibility, the provisions of which may be specified in their employment contracts.

Sample order on financially responsible persons

Sample order for the appointment of responsible persons

The employee’s financial liability means his obligation to compensate the employer for the damage that the employee caused to the organization as a result of his guilty actions (or inaction).

Material liability is assigned to the employee in full (Article 243 of the Labor Code of the Russian Federation) in the following cases:

shortage of valuables received on the basis of a written agreement or a one-time document;
intentional infliction of harm;
causing harm while intoxicated;
committing a crime or administrative offense established by a court verdict or the relevant government body;
disclosure of confidential information;
causing damage not during the performance of work duties (after the end of working hours).

This means that even if the employee quits or goes to prison for his guilty actions, he will still have to compensate the employer for the damage that he caused him.

Before recovering damages from a specific employee, the employer is obliged to organize and conduct an inspection in order to establish the amount of damage caused. To conduct such an inspection, the employer must create a special commission, during which it is necessary to obtain written explanations from the guilty employee regarding the fact of the incident. In case of refusal or avoidance of providing explanations, the commission must draw up a report in free form. Without these documents, recovery of damages is impossible.

When is such an order needed?

The organization's secretary is usually responsible for creating and maintaining document flow. But if there is no secretary in the institution (or there is one, but cannot cope with the current volumes), the manager has the right to assign these duties to any employee. Sometimes the director needs a special employee responsible for office work in a structural unit if the enterprise is too large and requires the division of document flow into specific departments.

If you engage another specialist to work with documents, be sure to draw up a local act. An order is prepared for each individual employee who is assigned new responsibilities.

How to write an order appointing a responsible person

Step by step:

Conclude a liability agreement in two copies.
Prepare a draft order for the appointment of responsible persons.
It is advisable to coordinate the draft order with lawyers.
Sign the order for the appointment of responsible persons from the General Director.
Familiarize the employee with the order and sign it.

Standard draft agreement on full individual financial liability

Financial liability cannot be applied to an employee if the damage was caused due to:

force majeure (natural acts);
natural risk (the presence of production does not guarantee the availability of sales of finished products);
necessity or defense (for example, having to break a table to prop up a door in case of an attack);
improper storage conditions for property due to the fault of the employer (products were stored in a faulty refrigerator).

In addition, the employer has the right to refuse, in whole or in part, to recover damages from the guilty employee (Article 240 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.

Assign responsible or responsible as correct

If there is no such order, then the manager reserves these functions for himself. and this applies not only to labor protection. There should be no other documents. and, of course, it’s complete insanity to appoint yourself as an order... I want to draw the moderator’s attention to this message, because: A notification is being sent... It should be borne in mind that this order is part of a package of administrative documentation, which in addition to it includes a decision on the appointment of those responsible persons and a job description containing a full description of the employee’s duties, as well as the sanctions that follow for their failure to fulfill them. The employee must put his signature under the last document, which will indicate that he has read and agrees with it.

Making changes to documents

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.

Sample order to change the financially responsible person

However, that's not all. When changing responsible persons, very often employers forget to draw up one important document, namely the act of acceptance and transfer of inventory items for storage. Without completing this document, if a deficiency is discovered in the future, it will be impossible to prove the guilt of the person responsible.

How to make changes correctly

When replacing or dismissing responsible employees, the manager is obliged to prepare a decision on changing the responsible person. To do this, a document amending the order is issued.

It is drawn up in a free style or according to a form pre-established by the company.

Procedure:

We make an informed decision about the necessity and inevitability of changes (for example, dismissal may be the basis).
A new order is issued, which describes the positions to be adjusted.
The document is signed by the manager and the new responsible employee.
It comes into force on the date of amendment.

As in the case of a regular decree, a strictly unified form of paper is also not provided.

The main elements will be:

Company name.
Place, date of compilation and number.
Reason for amendment and revised provisions.

In the text itself you need to indicate the number of the order to be changed, after which you must make a complete list of adjustments.

Actions with the responsible person

Before hiring a person, an agreement is signed

oh mat. 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, the employee must submit a letter of resignation

in fourteen days. 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 he signs.

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 state, 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 replace MOL:

Design rules

Due to the absence of any standard unified form, the document is filled out freely

. However, there should not be any particular difficulties. Moreover, a ready-made template can be developed within the enterprise, but it must be approved in the accounting policy.

It is imperative that a document of such a plan contains materials

detailed information about the organization itself;
order number and date on which it was drawn up;
responsible person for labor protection (full name, position);
a complete list of options that it has.

If necessary, the specialist drawing up the document can provide links to other applications. The document can be drawn up by hand or in electronic form using the company’s letterhead.

Be sure to give the paper for signature to the manager and the persons mentioned in it.

It is not necessary to make a certification by seal, since since 2016 the law exempts from this. Compilation occurs in a single copy.