Order of full liability - sample of this document is given in this article - an important document for every employer. Consider the features of drawing up orders related to the establishment of liability and attraction to it.

Order on the imposition of liability on the employee (general provisions)

An order is a volitional decision of the organization's management, drawn up in accordance with the requirements of the Labor Code of the Russian Federation. The way the order to impose liability will look depends on what type of liability the person is involved in.

Responsibility can be assigned to a specific citizen, that is, to be of an individual nature, or to a group of employees, for example, a team, and be called collective. This moment must be reflected in the order.

The form of the order has not been approved by the legislator, but below we will consider the characteristic points.

Order on bringing an employee to limited individual liability

This order is issued if necessary to bring a particular worker to justice. If the employer has not developed the form of the document, then it is drawn up at the discretion of the head of the organization.

• grounds for holding liable;
• the amount to be recovered from the employee (within the average earnings);
• information about the employee (full name, position, structural unit);
• information about the officials who are responsible for the execution of the order.
• information about familiarization with the order of the worker and the person who is entrusted with control over the execution of the order, since liability order must be brought to the attention of the worker against receipt.

Order on the imposition of full individual liability

An order to bring to this type of liability is drawn up in almost the same way as an order to bring to limited liability. The difference is that in such an order it is necessary to reflect the basis on which the worker is liable in full size and indicate the amount of damages to be recovered. In addition, it should be indicated that the amount in excess of the employee's average earnings is recovered through the court if the employee does not agree to pay the damage in full.

A sample order for the imposition of full individual liability may look like this:

01/15/2017 LLC "Trum"

ORDER No. 38

Don't know your rights?

about bringing the employee to full financial responsibility

In connection with the damage caused by the employee to LLC "Troom" by the lack of material assets entrusted to the employee under contract No. 124 of 07/13/2016, on the basis of Art. 238, 242, 243 and 248 of the Labor Code

I ORDER:

1. Bring the cashier Ivanova G.G. to full liability in the amount of 33,232 (thirty-three thousand, two hundred and thirty-two) rubles.
2. To the chief accountant Petrov E.V. to withhold the amount of damage from the salary of the cashier Ivanova G.G. in the amount of the average earnings of Ivanova G.G., taking into account compliance with the norms of Art. 138 of the Labor Code.
3. Lawyer Zorin R.V. to prepare a statement of claim to the court to recover from Ivanova G.G. the amount of damage in excess of the average monthly earnings.
4. To acquaint the cashier Ivanova G. G. with this order against receipt.
5. I reserve control over the execution of the order.

Reason: act on the results of an internal investigation dated December 23, 2016 No. 133.

I do not dispute the amount of damage caused and agree with the deduction from wages. Ivanova G. G. refused to sign.

Director: Ertsov Ertsov G.R.

Familiarized with the order:

Ivanova G. G. Ivanova

Petrov E.V. Petrov

Zorin R.V. Zorin

Order on the establishment of collective liability of the sample of 2016

A characteristic feature of the introduction of full liability is that for its occurrence, the issuance of an order is required, which contains information about the name structural unit, team members, team leader. In other words, liability cannot be imposed by this order, but it is a prerequisite for its imposition.

Order on collective liability sample 2016 years can be found on our website.

Based legislative framework Russian Federation, responsible for material values ​​in educational institutions are:

• caretaker;
• supervisor;
• laboratory assistant;
• Deputy Head;
• wardrobe maid;
• librarian.

Those. these categories of employees are required to provide the immediate supervisor with a report on the property entrusted to them, be responsible for its safety and, in case of damage or destruction, compensate the institution for the damage caused.

IMPORTANT! You should know that Article 238 of the Labor Code of the Russian Federation implies the responsibility of all employees who are in labor relations with an employer.

According to generally accepted norms, regardless of the form of relations between the employee and the employer, damage caused to the employer, the employee must compensate.

Responsibilities of the business manager

The economic activities of the organization both in schools and in preschool educational institutions are carried out by supply managers. By their own job descriptions these employees are required to:

Supply managers, by virtue of their kind of activity, are obliged to provide a report to managers and higher authorities on their work. In order to check the activities of the supply manager in institutions, an inventory is carried out.

Appointment order and measures to protect the employer from losses

One of the means of protecting the employer from incurring losses in educational institutions is material liability employees. An employee who has caused material damage is obliged to compensate it in full or in part to the employer within the time limits established by law.

The Labor Code of the Russian Federation, which entered into force on February 1, 2002, regulates civil and legal relations between an employer and an employee. Chapter XI of the Labor Code of the Russian Federation Art. 232 and 233 of the Labor Code of the Russian Federation regulates the procedure for applying liability for material assets, establishes the conditions under which it occurs.

Article 233 of the Labor Code of the Russian Federation. Conditions for the occurrence of material liability of a party to an employment contract

The liability of a party to an employment contract is incurred for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by this Code or other federal laws.

Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.

This document also regulates the procedure and amount of payment for the damage caused. As stated in Article 233 of the Labor Code of the Russian Federation, the employee is liable for damage to the educational institution due to inaction or misconduct in the performance of their immediate labor obligations.

The employee is hired in educational institution on the basis of Art. 68 of the Labor Code of the Russian Federation, in connection with this, an order (instruction) is written for the establishment. When applying for a job, the employer is obliged to sign a contract with him in writing.

However, one should take into account the fact that if an employee was allowed to work without properly completed and certified documents, this does not mean the cancellation of liability for damage caused.

In cases where a citizen fulfills his obligations under a civil law contract, he will have to compensate the damage caused to the employer in full, according to Art. 1064 of the Civil Code of the Russian Federation.

How to make such a document?

There is no generally accepted form for this document. Such a document is created within the framework of the current office work system and on the basis of contracts concluded with employees. It makes it possible to determine the rights and obligations of the parties in relation to the material assets of the organization.

Document structure

The text should contain the following items:

1. Name of preschool or school.
2. Name - “Order on the appointment of material responsible persons».
3. Date and place of creation.
4. The presence of the word "I order."
5. Appointment text specific employee responsible.
6. Transfer of property assigned to the carrier.
7. Full name and position of the person who is entrusted with control over the execution of this order.
8. Signature of the head with a transcript, certified by the seal.
9. A list of materially responsible employees familiarized with the order, indicating the position held, full name and date of familiarization.

An order must be made in the following way:

1. Details - the name of the preschool educational institution or school, the number and name of the order, the place of creation.
2. Introductory part - reasons for creation, details.
3. The key part is the full name of the employee, the position he holds, a list of material assets entrusted to the employee.
4. Decree - a statement of measures to ensure the integrity and safety of the entrusted property.
5. Date of signing, signatures of the director of the preschool educational institution or school and appointed financially responsible persons.

When does an employee have to pay damages?

The employer can, if by his actions (inaction) he has committed a violation of the rules contained in the order. with all agreements and regulations, the employer must familiarize the employee in due time.

If the employee acted within the framework of the law and regulations, then he will be exempted from material compensation in relation to the employer.

Limited and full compensation

1. Limited compensation- its size is established in legal documents and most often it will not be higher than one average monthly salary of an employee.

   Attention! The Labor Code of the Russian Federation does not clearly spell out the violations that this type of penalty follows.

   Most often, an employee will be attracted to such compensation for:

   • shortage Money;
   • broken or destroyed tangible property due to the negligence of an employee.
2. Full refund damage to the person who hired the employee. This type of punishment may be imposed on the employee in the following cases:
   • shortage of money and material values;
   • causing damage to the employer as a result of the conscious actions of the employee or his conscious inaction;
   • damage or complete destruction of property in the process of fulfilling obligations under labor agreement, due to improper or careless handling;
   • in other cases, which were prescribed in the contract with the employee.

What are employees responsible for?

Heads of preschool educational institutions and schools are financially responsible for:

• timely payment of salaries to employees of the institution;
• providing employees of the institution with safe and comfortable conditions labor;
• safety of tangible property and finances.

The caretaker of the school or preschool educational institution, under his contract concluded with the employer, is obliged to:

Laboratory assistants in schools should:

• keep records of the consumption of reagents;
• ensure the safety of the equipment that is necessary for the experiments;
• to purchase materials necessary for work;
• strictly observe the necessary technical safety rules when conducting experiments;
• monitor the health of technical equipment.

The librarian, in accordance with his duties, which are stipulated in the contract of employment, must:

1. ensure the safety of books and technical equipment;
2. maintain and provide, at the request of higher officials, reporting documentation;
3. to ensure the increase of the fund at the expense of acquired, new resources.

The responsibilities of the clerk include:

• issue the required textile products;
• keep a record of the clothes she has in storage;
• draw up deeds;
• Maintain and provide required documentation in a timely manner.

Attention! If a financially responsible employee goes on vacation, then he is obliged to make an inventory and transfer the values ​​\u200b\u200bentrusted to him to the boss who is subordinate to him.

Grounds for claiming damages

The employer has the right to demand from the employee in the event of:

1. The employee will have to pay damages if at the time of the act he was in any kind of intoxication.
2. The employee caused damage during the performance of his professional duties.
3. Damage or destruction of valuables was a conscious act of the employee.
4. Identification of shortages during the inventory.
5. Criminal act (for example, theft of valuables).
6. The tangible property of the employer has been damaged in non-working time(if a subordinate, for example, took the inventory home and it was damaged there).

Contract Rules

For material values ​​can go in addition to the employment contract.

Attention! It should be noted that the employer may not conclude such an agreement with all subordinates.

According to Art. 244 of the Labor Code of the Russian Federation, given An employer can conclude a contract with an employee only if the following conditions are met:

In the case when an employee is included in the category of officials with whom the employer can sign an agreement on MO, then he should be warned about this when applying for a position.

According to the Labor Code of the Russian Federation, two types of liability agreements can be concluded with an employee of an organization.

Fulfillment of duties that are related to the safety of material assets, requires the execution of relevant documents at the enterprise. The employee who is responsible for the valuables also bears certain obligations for their safety. It should be noted that a document must be concluded between the employee of the enterprise and the management, which speaks of liability.

The enterprise can publish order, which refers to the appointment of certain persons or one employee as a person who is financially responsible. It should be noted that the "internal" order at the enterprise is not of a legal nature.

Such an agreement can only act as a confirmation that a particular employee or several employees are responsible for the safety of certain valuables and, in case of their shortage, are ready to bear responsibility.

It should be noted that liability is for a certain circle of employees. The list of these workers can be determined by studying the order issued by the head. talking about labor function each of these positions, the list may include:

1. Work that is associated with the receipt and execution of financial payments.
2. Interaction with inventory.
3. Storage and maintenance of valuables of material value.

Before a person begins to fulfill his functional responsibilities, an inventory of the values ​​of the accountable type should be carried out.

In case of a shortage, the management of the enterprise has the right recover from wages employee the amount of damage. If the inventory of valuables is not completed, it will also become impossible to recover damages from the employee.

The most protected worker in this issue is staff member. If he causes harm to the enterprise, then he will be responsible only for the damage caused, which is direct. If a civil-law type agreement was concluded with the employee, then he is obliged to compensate for the losses. The head is responsible for all types of damage that have been caused to the enterprise.

Types of responsibility

Exists several major responsibilities. IN this case it's about:

1. Complete.
2. Individual.
3. Collective.
4. Limited.

Each of the above types of responsibility has its own characteristics and nuances. Let's try to understand them in more detail.

Complete

In the case of full liability, the employee compensates the company for the damage that was caused by him or through his fault. However, in this case, there are certain nuances. So, in order for the employee to be fully liable, he must be of legal age. He must also be in the state.

When imposing, it is necessary to prove that the person really interacted with material values ​​in accordance with his position. Simply put, the conclusion of the contract in this case is not enough.

Minors may also face the full penalty. In this case, it is necessary to prove that the person was under the influence of drugs or alcohol, which contributed to the fact that the enterprise was harmed.

Individual

Here there are no particular differences with the previous view. The peculiarity lies in the fact that the manager must create such conditions for the employee that would allow him to perform the functions assigned to him without any problems.

If damage has been done, the employee must be held accountable. A collective agreement cannot be concluded if an order was concluded on the individual liability of the employee.

Collective

Speaking about collective responsibility, the order implies an indication of a group of persons in it. This option is very often used on construction or repair sites. A group of persons acts as responsible in the matter of purchasing, storing, transporting, or performing any other interactions with material values.

When drawing up an order on collective cannot be included:

1. Employees with whom an individual contract has been concluded.
2. Those who are not employed full-time.
3. Personnel who are employed as loaders, watchmen, service personnel.
4. Persons undergoing practice.
5. Professionals who do not have work experience.

In the event that one of the participants in the collective agreement resigned or was fired (transferred to another department), then adjustments are made to the agreement. There is no need to create a new document in this case.

Limited

There is also limited liability. It should be noted that this species responsibility is one of the most common in enterprises of various forms of ownership. If there is a situation associated with damage to property, then the employee will be charged damage from wages.

At the same time, during the calculations, the average monthly wage employee. In the absence of any other document on liability, the amount of compensation cannot be increased.

The completed order on the appointment of a materially responsible person looks like this:

The head of the enterprise can assign responsibility for the storage of goods and materials immediately to a group of persons. It is important that according to Art. 245 of the Labor Code of the Russian Federation, without a written agreement on full collective liability, which is concluded between the employer and all members of the team, the document cannot have legal force. A sample is shown below:

To appoint responsible persons in the conduct of office work (for example, for maintaining a time sheet), an order can be issued that also affects the group at once.

Speaking about the features, it should be noted that they are directly related to the very fact of damage, and its size. The wrongful actions of the offender are also taken into account. The connection between the damage and his behavior must be proven by the party that is the victim.

It should be noted that both actions of a person and inaction in certain situations can be considered illegal. Simply put, if an employee should have taken certain actions to prevent damage, but did not do this and, as a result, damage was caused, then he may also be liable.

In this case, a very simple example can be given. If a person whose functional duties included the process of organizing cargo transportation did not take any measures to avoid an increase in delivery times, and, as a result, the company suffered losses for a penalty or delay, then he may incur financial liability.

In this case, we are talking about limited liability. The damage must be charged against wages.

The causal relationship between action and inaction, as well as the consequences that have occurred, is interconnected. If it is not proven, then the illegal act will also not be considered. Speaking about guilt during the infliction of material damage, it can be expressed both in the form of intent, as well as through negligence.

Negligence is understood to mean that the act was carried out on the basis of the frivolity of a person or because of a negligent attitude to work. In some situations, the person who caused the damage has the right to prove that the situation did not occur through his fault. For example, here we are talking about a situation where an employee became a participant in causing material damage not of his own free will or completely by accident.

It should be noted that the procedure for bringing the parties to an employment contract to liability of a material nature is possible only if all of the above conditions are not provided Labor Code Russian Federation or federal legislation.

Conclusion

The financial responsibility of the employees of the enterprise plays an important role in the workflow. Economic benefits depend on it. That is why, from the first day of work of an employee, it is necessary to draw up an appropriate contract or order, which concerns liability in case of damages through his fault. If this is not done, then a situation may occur when damage is caused, but there will be no person responsible for indemnification. As a consequence, management will have to reimburse financial losses personally.

During production process employees have to deal with property on the balance sheet of the organization: products, raw materials, equipment, mechanisms and other inventory items. To ensure safety, property obligations are imposed on officials.

Legal basis for liability

Liability (MO) - the obligation of an employee to cover the damage caused to the organization as a result of his actions or inaction. The legal foundations of the MO of the subordinate are fixed Chapter 39 of the Labor Code of the Russian Federation.

By labor law damage is understood as damage to property or a decrease in its quantity, as well as the need for additional costs for restoration: breakage, loss, destruction of property objects of the organization. Before recovering from an employee for damages, the employer determines the amount of losses. To this end, a commission of specialists is being created to carry out the assessment.

IMPORTANT! A person is released from property obligations if the damage to material assets was caused by force majeure circumstances or unfair performance of duties by the head.

Types of liability

Legislated the following types property obligations:

• Full MO - the responsible person covers the losses in full. For this type of obligation to occur, it will be necessary to include an appropriate provision in the labor contract or conclude an agreement on full material liability. In addition to the above situations, full responsibility occurs in cases of deliberate infliction of harm, damage to valuable objects in a state of alcoholic or drug intoxication, as well as as a result of committing criminal acts and disclosing trade secrets.
• Limited - in case of damage, the responsible person compensates for the loss in the amount of .
• Individual MO - arises with the acceptance of a person for a specific position. The list of posts to which these obligations are assigned has been approved Decree of the Ministry of Labor of the Russian Federation No. 85 of December 31, 2002. Among them are the cashier, the storekeeper, the head of the economic department, etc.
• Collective (brigade) MO - assigned to subordinates in situations where it is difficult to identify the guilt of each in causing damage. For example, when several people at work use the same piece of equipment.

ATTENTION! To be released from any kind of MO, it is enough for a subordinate to prove his innocence with facts.

The procedure for appointing financially responsible persons in the organization

This will require:

1. Issue an order to a financially responsible person.
2. Conclude an agreement on MO. The absence of such a document will free the subordinate from the need to compensate for the full damage, his obligations in this case will not exceed the average monthly salary.
3. Conduct an inventory of entrusted funds (duty of the chief accountant). Based on the results of the procedure, an act is drawn up indicating the list of valuables, their storage locations, quantitative and monetary terms, and the total amount. The document is signed by the receiving and transferring parties.

ATTENTION! It is possible to impose a full MO on minors only in cases of intentional damage, obviously illegal actions and causing harm due to the state of intoxication.

Sample letter of full liability

uniform form administrative act on property obligations is not fixed at the legislative level. The order is made according to general rules and contains the following information:

• full name of the enterprise with details;
• order number and date of issue;
• ascertaining part: the purpose of the document is prescribed with reference to Art. 244 of the Labor Code of the Russian Federation about covering possible damage in full;
• administrative part - the full name and position of the person are indicated (in addition, those participating in the imposition of obligations on the MOL and contributing to its work can be indicated: for example, the head personnel department draws up MO agreements, the deputy director creates conditions for ensuring the safety of entrusted valuables, etc.);
• signatures of the director of the enterprise and all employees indicated in the order, indicating the names and positions;
• the act is certified by the seal of the institution.

If necessary, an application is drawn up containing a list of entrusted values, an act on the acceptance and transfer of property.

Sample orders on individual and collective liability

In the first case, the text of the order does not differ from that discussed above, but the number of the decision should be indicated in the preamble, on the basis of which this obligation is assigned to the subordinate.

When appointing the entire brigade responsible, in the ascertaining part of the order to establish full collective liability, this step is justified by the impossibility of determining individual property obligations. The administrative part contains the names and positions of responsible persons.

Order on bringing to liability

In order to compensate for the consequences of the improper performance of the MOL's duties, the head issues an appropriate order. In the preamble of the act, the reason for the recovery is indicated, in the administrative part, the amount of damage, full name and position of the MOL are prescribed. The person responsible for withholding funds from the employee is indicated. Documentary grounds are attached to the order: an inventory act, an act on the establishment of damage, an explanatory note of an employee, etc.

Before recovering compensation from an employee, it is necessary to confirm the fact of his guilt and assess the damage with the involvement of a specially created commission. The amount of the loss is estimated on the day the damage was caused, taking into account the current prices.

You can download a sample order for bringing to liability