Provision on collective liability sample
Fulfillment of labor duties that are associated with the disposal or use material assets, implies financial liability of the relevant employees.
Liability is also assigned to employees who work with the organization's funds. These are the positions of cashier, accountant, and so on.
General rules for the occurrence of consequences and the procedure for paying damages are determined by a special provision.
Provision on liability - features
This provision on material or disciplinary liability is drawn up and approved by the management of the enterprise. It is the main document that establishes the form of obligations to compensate for damage or the procedure for its compensation.
The main features of the document include:
- The procedure and conditions for providing employees with the necessary material resources. They must be necessary for them to perform their job duties. Such means include cars or special equipment, tools for workers, and so on;
- The procedure for dealing with property that is available to all members of the work team. General Use any means cannot eliminate the need to handle them carefully and prevent them from being damaged. As a rule, these are different Consumables, stationery. Damage or damage to them may result in disciplinary action. This responsibility is reflected in the position;
- The responsibilities of employees to ensure the integrity of the property transferred to them should be listed in detail. Commodity or other valuables that are in the possession of employees must be preserved by them without loss useful qualities. Violation of such duties may result in disciplinary action or financial deductions from wages;
- It is necessary to describe the onset of liability for harm caused to the values of the organization. At the same time, the penalty does not cancel the possibility of punishing the employee in a disciplinary manner;
- The regulation must contain standards in accordance with which the cost of harm caused is calculated. After all, it is from them that the specific amount of damage subject to compensation will be determined.
The specified conditions must be included in the regulations and described in as much detail as possible, taking into account the specifics of work processes.
Sample agreement on liability
It complies with legal requirements and contains all necessary essential conditions. It can be easily adapted to any specific production or work process.
A sample of this document can be found here:
Regulations on the financial liability of school employees
As a rule, this provision is standard and is the same for all schools. The document may provide for two types of consequences for personnel for property damage or loss:
- Material. This means that the relevant employee is obliged to fully or partially compensate the cost of damaged property. The employee must agree to this requirement and familiarize himself with it against signature. If the teacher did not familiarize himself with the document, then there will be no grounds for compensating them for harm;
- Disciplinary. Disciplinary action may be imposed for careless or intentional damage to valuables. That is, there must be guilt in the teacher’s actions. If the harm was caused against his will and he could not prevent it, then there will be no reason to impose a disciplinary sanction. The Labor Code provides for the following types of penalties: a reprimand, a severe reprimand and a warning about incomplete official compliance.
At the same time, the fact of imposing a disciplinary sanction for an offense often becomes evidence and justification for imposing obligations on a school or LLC employee to compensate for harm.
Therefore, if a disciplinary sanction is declared without reason, it should be appealed.
Financial liability in preschool educational institutions
The regulations are developed and valid in each preschool educational institution. In this regard, there are no differences with school. The employer has the right to demand compensation for damage caused to the organization's property.
At the same time, the assignment full responsibility not typical for preschool educational institutions. Their provisions do not include such rules. Consequently, there is a limited form of compensation available to employees of such establishments.
As a rule, its boundaries are the amount of earnings for one month of work.
Regulations on financial liability of LLC employees
The employer has the right to indicate a list of property in the document and stipulate its value. At the same time, the specifics of LLC activities can be very different.
Therefore, for positions that involve working with valuables or money, it would be advisable to provide for the conclusion of full compensation agreements.
Sample
APPROVE:
CEO
LLC "Company Raduga"
2008
Article 1 General provisions
1.1. This Regulation on materially responsible persons (hereinafter referred to as the Regulation) defines the concept of financially responsible persons of Raduga Company LLC (hereinafter referred to as the Company), their rights, duties and responsibilities, the conditions for the occurrence of liability, the procedure for determining the amount of damage and its compensation, and also establishes the form of the agreement on full individual liability in accordance with Appendix 1 and the form of the agreement on full collective liability in accordance with Appendix 2.
1.2. The Regulation is one of the local regulations of the Company and was developed in accordance with the Constitution of the Russian Federation, Labor Code Russian Federation(Federal Law No. 197-FZ of 01.01.01), others federal laws, decrees of the President of the Russian Federation; resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies; acts of local government bodies, local regulations Companies regulating labor and other relations directly related to them.
1.3. Financially responsible persons in the sense of these Regulations are understood as persons who have entered into an employment contract with the Company (hereinafter referred to as the "Employees") and who bear full financial responsibility for the shortage of property entrusted to them by the Company in accordance with this Regulation and the legislation of the Russian Federation.
1.4. This provision does not apply to the following persons:
Members of the Boards of Directors of the Company (except for persons who have entered into an employment contract with the Company);
Citizens working in the Company under civil law contracts (contract, agency, assignment, performance of work or provision of services, etc.).
1.5. The Regulation applies to labor relations of foreign citizens, stateless persons who have entered into an employment contract with the Company, unless otherwise provided by federal laws or international treaties Russian Federation.
1.6. The Regulations (new editions of the Regulations) are approved, amended and canceled by the decision of the General Director of the Company on the basis of the issued order for the main activity.
1.7. The Regulations may be amended and (or) supplemented by adoption new edition Provisions.
1.8. The provision does not have retroactive effect and applies to legal relations arising after its entry into force.
1.9. Permanent place The storage of the Regulations is the office of the Company.
Article 2. Concept and types of financial liability of employees
2.1. The financial liability of an employee in the sense of these Regulations is the employee’s obligation to bear responsibility to the Company for committing culpable unlawful behavior (actions or inactions) that resulted in damage to the Company’s property, and to compensate for this damage in the prescribed manner.
2.2. The Company provides for two types of financial liability for employees: limited and full.
2.1.1. Limited liability:
With limited financial liability for damage caused, the employee is liable within the limits of his average monthly earnings. In this case, the average monthly earnings are determined on the day the damage was discovered and calculated over 12 last months work of the person who caused the damage.
2.1.2. Full financial responsibility:
The employee’s full financial liability consists of his obligation to compensate for direct actual damage caused to the Company in full size.
Financial liability in the full amount of damage caused is assigned to the employee in the following cases:
Shortages of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
Intentional damage;
Causing damage in a state of alcoholic, narcotic or other toxic intoxication;
Causing damage as a result of the employee's criminal actions established by a court verdict;
Causing damage as a result of an administrative violation, if established by the relevant government body;
Disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by federal laws;
Causing damage not while the employee was performing his job duties.
2.3. Full financial liability can be individual and collective:
2.3.1. If the performance of duties for servicing the Company’s material assets constitutes the employee’s main job function, an agreement on full financial responsibility must be concluded with him, refusal to enter into such an agreement without good reasons is considered as a failure by the employee to fulfill his labor duties.
An individual form of full financial liability is established only if the following conditions are simultaneously present:
Material assets are handed over to a specific employee for reporting, and he is entrusted with the responsibility for their safety;
The employee is provided with a separate isolated room or place for storing material assets and conditions are provided for the proper performance of duties;
The employee independently reports to the organization’s accounting department for the acceptance of values.
The contract is signed when the employee is appointed to the relevant position. An order or instruction in employment contract the fact that the employee bears full financial responsibility does not replace the corresponding written contract. Such an agreement is additional in relation to the employment contract with this employee. The full liability agreement is drawn up in two copies. The first is located in the Company's HR department, and the second is with the employee. The agreement on full liability comes into force from the date of its signing and is valid during the entire period of work with the material assets entrusted to the employee. Fixed-term contract an agreement on full financial responsibility can be concluded with an employee who replaces the financially responsible person during his vacation, illness, or business trip, but with a mandatory two-way procedure for the transfer of material assets for this period.
2.3.2. When performed jointly by employees individual species work related to the storage, processing, sale (release), transportation, use or other use of the values transferred to them, when it is impossible to delimit the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (team) material compensation is introduced responsibility.
A written agreement on collective (team) financial liability for damage is concluded between the Company and all members of the team (team).
Under an agreement on collective (team) liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.
In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the Company.
2.4. Written agreements on full individual or collective (team) financial liability, that is, on compensation of the Company for damage caused in full for the shortage of property entrusted to employees, are concluded with employees who have reached the age of 18 and directly service or use cash, commodity values or other property.
2.5. Employees under the age of 18 bear full financial responsibility for intentionally causing damage, for damage caused while under the influence of alcohol, drugs or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
Article 3. Conditions for the onset of financial liability
3.1. Material liability is assigned to the employee in the event that the following conditions are simultaneously present:
Causing direct actual damage to the Company; unlawfulness of the employee’s behavior;
The existence of a causal relationship between the illegal actions (inaction) of the employee and the resulting damage;
The fault of the employee.
3.2. The employee is obliged to compensate for direct actual damage caused to the Company, which is understood as a real decrease in the Company’s available property or deterioration in the condition of the specified property (including property of third parties held by the Company, if he is responsible for the safety of this property), as well as the need for the Company to make costs or excess payments for the acquisition or restoration of property or for compensation for damage caused by the employee to third parties.
Damage caused by an employee to third parties means all amounts paid by the Company to third parties to compensate for damage.
Recovery from employees of those incomes that the Company could have received, but did not receive due to improper actions (inaction) of the employee, is not allowed.
3.3. Illegal behavior of an employee is such behavior when he does not fulfill or does not properly fulfill his job responsibilities. If the employee’s job responsibilities are not specified in the employment contract, job descriptions, or other internal regulatory documents Company, then employee behavior that is clearly contrary to the interests of the Company is considered illegal.
Illegal behavior can be expressed in the form of action and inaction. Unlawful inaction occurs when the employee had the opportunity to prevent the occurrence of damage (theft, marriage), but he did not take the necessary actions for this.
3.4. The presence of a causal connection between the employee’s unlawful actions (inaction) and the resulting material damage is a prerequisite for the employee’s financial liability to arise.
The presence of any form of guilt is the basis for bringing the employee to liability, while if the damage is caused by the intentional actions of the employee, there is full liability.
The company is obliged to prove the employee’s guilt, as well as the presence of other conditions of financial liability. The principle of presumption of guilt is applied to financially responsible persons: in case of failure to ensure the safety of inventory items transferred to them for reporting, the responsibility to prove that the loss or damage did not occur through their fault lies with them.
3.5. The employee's financial liability is excluded in cases of damage arising due to force majeure, normal economic risk, extreme necessity or necessary defense, or the Company's failure to fulfill its obligation to provide adequate conditions for storing property entrusted to the employee.
Also, a circumstance that releases an employee from financial liability due to the absence of illegal behavior is the fulfillment of a requirement (order, instruction) of the Company’s management, the head of a department or immediate supervisor about the commission of actions that led to material damage.
Article 4. Determination of the amount of damage to be compensated and procedure for its compensation
4.1. The amount of damage caused to the Company in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property. The extent of the damage must therefore be confirmed necessary documents(inventory act, defect sheet, etc.).
The amount of direct actual damage is first established in kind, and then in monetary terms.
The amount of reimbursable damage caused through the fault of several persons is determined for each of them, taking into account the degree of fault, type and limit of liability.
4.2. When calculating the amount of damage, it must be determined whether loss rates (natural loss) have been established for this type of product, that is, such a reduction in the initial weight and volume of valuables allowed by regulations during the process of sale, storage and transportation, which is the result of their natural physical properties. chemical properties.
The shortage of property or its damage within the limits of the norms of natural loss is attributed to the costs of production or circulation, moreover, to the account of the guilty persons. Loss rates do not apply when calculating damage caused by theft or misappropriation of valuables.
When determining any actual losses, the degree of depreciation of valuables according to established norms, as well as the value of the remaining scrap or waste of damaged property, is taken into account.
4.3. An employee who causes damage to the Company may voluntarily compensate for it in whole or in part. The consent of the employee is recorded in a written agreement.
In case of voluntary compensation for damage, the employee deposits funds into the Company's cash desk. With the consent of the Company's management, the employee may transfer equivalent property to compensate for damage or repair the damaged property. Correction of damaged property and elimination of product defects must be carried out by the employee in his free time from his main job and without pay.
4.4. If the employee refuses voluntary compensation for damage, recovery is carried out in court or out of court.
4.5. Compensation for damage in an amount not exceeding the average monthly salary of the employee is made by order (order) CEO Companies by deducting from the employee's salary. In this case, the deduction is made no later than 1 month from the date final establishment The company determines the amount of damage caused by the employee.
With each payment of wages, the amount of deductions for damages cannot exceed 20% of the amount due to the employee.
4.6. Damage subject to compensation caused by the fault of the team is distributed among the members of this team in proportion to the monthly tariff rate (official salary) and the actual time worked by each employee for the period from the last inventory to the day the damage was discovered.
Annex 1
Form of agreement on full individual financial responsibility
LLC "Company Raduga", hereinafter referred to as the "Company", ________________ (full name), acting on the basis of the Charter or its deputy ______________ (full name), acting on the basis of _____________________ (regulations, power of attorney), on the one hand, and _____________________ (name of position) ( Full name), hereinafter referred to as “Employee”, on the other hand, have entered into this Agreement as follows.
1. The employee assumes full financial responsibility for the shortage of property entrusted to him by the Company, as well as for damage incurred by the Company as a result of compensation for damage to other persons, and in connection with the above undertakes:
a) treat with care the Company’s property transferred to him for the performance of his functions (responsibilities) and take measures to prevent damage;
b) promptly inform the responsible persons of the Company or the immediate supervisor about all circumstances that threaten the safety of the property entrusted to him;
c) keep records, draw up and submit in the prescribed manner commodity-money and other reports on the movement and balances 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.
2. The company undertakes:
a) create for the Employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him;
b) familiarize 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) carry out inventory, audits and other checks of the safety and condition of property in the prescribed manner.
3. Determination of the amount of damage caused by an Employee of the Company, as well as damage incurred by the Company as a result of compensation for damage to other persons, and the procedure for their compensation are made in accordance with the current legislation of the Russian Federation.
4. The employee does not bear financial responsibility if the damage is caused through no fault of his own.
5. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with the property entrusted to the Employee by the Company.
6. This Agreement has been drawn up in two copies of equal legal force, one of which is kept by the company’s personnel service, and the second by the Employee.
7. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.
Signatures of the parties:
General Director Employee
LLC "Company Raduga"
________/________ / _________/__________ /
Date of conclusion of the contract M.P.
Appendix 2
to the Regulations on Liability
Form of agreement on full collective financial responsibility
LLC "Company Raduga", hereinafter referred to as the "Company", represented by the General Director ______________________________ (full name), acting on the basis of the Charter or his deputy _____________________________________________________ (full name), acting on the basis of _________________ (statutes, power of attorney), on the one hand, and members of the team (team )______________________________________________________________________________
(name of workshop, department, department, farm, site, other subdivision)
hereinafter referred to as the “Team (team)”, represented by the head of the Team (foreman)________________________________________________________________________________
______________________________________________________________________________________
(last name, first name, patronymic; position held)
have entered into this Agreement as follows.
I. Subject of the Agreement
The team (team) assumes collective (team) financial responsibility for failure to ensure the safety of the property entrusted to it for __________________________________________________________________________________________
______________________________________________________________________________________,
(name of type of work)
as well as for damage incurred by the Employer as a result of compensation for damage to other persons, and the Employer undertakes to create for the Team (team) the conditions necessary for the proper fulfillment of the obligations assumed under this Agreement.
II. General provisions
1. The Employer’s decision to establish full collective (team) financial liability is formalized by order (instruction) of the Employer and announced to the Team (team).
The Employer's order (instruction) to establish full collective (team) financial liability is attached to this Agreement.
2. The recruitment of the newly created Team (team) is carried out on the basis of the principle of voluntariness. When new employees are included in the Team (team), the opinion of the Team (team) is taken into account.
3. Management of the Team (team) is entrusted to the head of the Team (foreman).
The head of the Team (foreman) is appointed by order (instruction) of the Employer. In this case, the opinion of the Team (team) is taken into account.
In the temporary absence of the head of the Team (team leader), his duties are assigned by the Employer to one of the members of the Team (team).
4. When there is a change in the head of the Team (team leader) or when more than 50% of its original composition leaves the Team (team), this Agreement must be re-signed.
5. This Agreement is not renewed when individual employees leave the Team (team) or new employees are admitted to the Team (team). In these cases, the date of his departure is indicated against the signature of the retired member of the Team (team), and the newly hired employee signs the Agreement and indicates the date of joining the Team (team).
III. Rights and obligations of the Team (team) and the Employer
6. The team (team) has the right:
a) participate in the acceptance of entrusted property and exercise mutual control over the storage, processing, sale (release), transportation or use of entrusted property in the production process;
b) take part in inventory, audit, and other verification of the safety of the property entrusted to the Team (team);
c) get acquainted with reports on the movement and balances of property entrusted to the Team (team);
d) if necessary, demand from the Employer to conduct an inventory of the property entrusted to the Team (team);
e) notify the Employer about the recusal of members of the Team (team), including the head of the Team (team leader), who, in their opinion, cannot ensure the safety of the property entrusted to the Team (team).
7. The team (team) is obliged to:
a) treat the property entrusted to the Team (team) with care and take measures to prevent damage;
b) in accordance with the established procedure, keep records, draw up and promptly submit reports on the movement and balances of the property entrusted to the Team (team);
c) promptly notify the Employer of all circumstances that threaten the safety of the property entrusted to the Team (team).
8. The employer is obliged:
a) create for the Team (team) the conditions necessary to ensure the complete safety of the property entrusted to the Team (team);
b) timely take measures to identify and eliminate the reasons that prevent the Team (team) from ensuring the safety of the entrusted property, identify specific persons responsible for causing damage, and bring them to responsibility established by law;
c) familiarize the team (team) with the current legislation on the material liability of employees for damage caused to the employer, as well as with other regulatory legal acts (including local ones) on the procedure for storage, processing, sale (release), transportation, use in process of production and other operations with
property transferred to him;
d) provide the Team (team) with the conditions necessary for timely accounting and reporting on the movement and balances of the property entrusted to it;
e) consider the validity of the request of the Team (team) to conduct an inventory of the property entrusted to it;
f) consider in the presence of the employee his challenge, and if the challenge is justified, take measures to remove him from the Team (team), resolve the issue of his further work in accordance with current legislation;
g) consider reports from the Team (team) about circumstances threatening the safety of the property entrusted to it, and take measures to eliminate these circumstances.
IV. Procedure for maintaining records and reporting
9. Reception of property, accounting and reporting on the movement of property is carried out in the prescribed manner by the head of the Team (foreman).
10. Scheduled inventories of property entrusted to the Team (team) are carried out within the time limits established by the current rules.
Unscheduled inventories are carried out when there is a change in the head of the Team (team leader), when more than 50% of its members leave the Team (team), as well as at the request of one or more members of the Team (team).
11. Reports on the movement and balances of property entrusted to the Team (team) are signed by the head of the Team (foreman) and, in order of priority, one of the members of the Team (team). The contents of the report are announced to all members of the Team (team).
V. Indemnification
12. The basis for bringing members of the Team (team) to financial liability is direct actual damage directly caused by the Team (team) to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons.
13. The team (team) and/or a member of the Team (team) are released from financial liability if it is established that the damage was not caused by the fault of the members (member) of the Team (team).
14. Determination of the amount of damage caused by the Team (team) to the Employer, as well as the procedure for its compensation are regulated by current legislation.
15. This Agreement comes into force on _____________________ and is valid for the entire period of work of the Team (team) with the property entrusted to it from the Employer.
16. This Agreement has been drawn up in two copies of equal legal force, one of which is kept by the Employer, and the second by the head of the Team (foreman).
17. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.
Signatures of the parties to the Agreement
From the Employer:
Team Leader (Foreman)
Members of the Team (team):
Date of conclusion of the Agreement
I affirm:
Director
___________________
"___"________2017
POSITION
ABOUT RESPONSIBILITY OF EMPLOYEES
1. General provisions, terms and definitions
Intentional damage;
Causing damage in a state of alcoholic, narcotic or other toxic intoxication;
Causing damage as a result of the employee's criminal actions established by a court verdict;
Causing damage as a result, if such is established by the relevant state authority;
Disclosure of information constituting a secret protected by law, in cases provided for by federal laws;
Causing damage in case of non-fulfillment of labor duties by the employee.
2.3. Full financial responsibility can be individual and collective.
2.3.1. An agreement on full liability must be concluded with the employees indicated in the list approved by a separate order of the director of the company. Refusal to conclude such an agreement without good reason is considered as a failure by the employee to fulfill his labor duties.
An individual form of full liability is established if the following conditions are present simultaneously:
Material assets are transferred under the report to a specific employee, and he is responsible for their safety;
The employee is provided with a separate isolated room or place for storing material assets and conditions are provided for the proper performance of duties;
The employee independently reports to the organization for accepting values under his account.
The contract is signed when the employee is appointed to the relevant position. An order or indication in an employment contract that the employee bears full financial responsibility does not replace the corresponding written contract. Such an agreement is additional in relation to the employment contract with this employee.
The full liability agreement is drawn up in two copies. The first is in the personnel department of the company, and the second is with the employee.
The agreement on full liability comes into force from the date of its signing and is valid during the entire period of work with the material assets entrusted to the employee.
2.3.2. When employees jointly perform certain types of work related to the storage, processing, sale, release, transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (team) liability.
A written agreement on collective (team) liability for damage is concluded between the company and all members of the team (team).
Under an agreement on collective (team) liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.
With voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the firm.
2.4. Written agreements on full individual or collective (team) liability are concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property.
2.5. Employees under the age of 18 bear full financial responsibility for intentionally causing damage, for damage caused while under the influence of alcohol, drugs or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
3. Conditions for the occurrence of liability
3.1. Material liability is assigned to the employee in the event that the following conditions are simultaneously present:
The firm suffered direct actual damage;
Proved unlawful behavior of the employee;
The existence of a causal relationship between the illegal actions (inaction) of the employee and the resulting damage;
The fault of the employee.
3.2. The employee is obliged to compensate the direct actual damage caused to the company.
Direct actual damage is the actual decrease in the company's cash property or the deterioration of the specified property (including the property of third parties held by the company, if it is responsible for the safety of this property), as well as the need for the company to incur expenses for the acquisition or restoration of property (or compensation for damage caused by the employee to third parties).
Damage caused by an employee to third parties is understood as all amounts paid by the company to third parties as compensation for damage.
Recovery from employees of those incomes that the company could have received, but did not receive due to incorrect actions (inaction) of the employee, is not allowed.
3.3. Illegal behavior of an employee is such behavior when he does not perform or improperly performs his labor duties. If the employee’s labor responsibilities are not specified in the employment contract or other internal regulatory documents, the employee’s behavior that is clearly contrary to the interests of the company is considered unlawful.
Illegal behavior can be expressed in the form of action and inaction. Unlawful inaction occurs when the employee had the opportunity to prevent the occurrence of damage (theft, marriage), but he did not take the necessary actions for this.
3.4. A prerequisite for the onset of material liability of an employee is the existence of a causal relationship between the illegal actions (inaction) of the employee and the resulting material damage.
The presence of any form of guilt is the basis for bringing the employee to liability, while if the damage is caused by the intentional actions of the employee, there is full liability.
The firm is obliged to prove the guilt of the employee, as well as the existence of other conditions of liability. The principle of presumption of guilt is applied to financially responsible persons: in case of failure to ensure the safety of inventory items transferred to them for reporting, the responsibility to prove that the loss or damage did not occur through their fault lies with them.
3.5. The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or failure by the company to ensure proper conditions for the storage of property entrusted to the employee.
Also, a circumstance that releases an employee from financial liability due to the absence of illegal behavior is the fulfillment of the requirement (order, instruction) of the company’s management, department head or immediate supervisor to commit actions that led to material damage.
4. Determining the amount of damage to be
reimbursement, and the procedure for its reimbursement
4.1. The amount of damage is determined after an inventory of actual losses, calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower according to the data, taking into account the degree of deterioration of this property. The amount of damage is confirmed by the necessary documents (inventory report, etc.).
The amount of reimbursable damage caused through the fault of several persons is determined for each of them, taking into account the degree of fault, type and limit of liability.
4.2. When calculating the amount of damage, it should be determined whether loss rates () have been established for this type of product, that is, such an allowable reduction in the initial weight and volume of valuables in the process of sale, storage and transportation, which is the result of their natural physical and chemical properties.
The shortage of property or its damage within the limits of the norms of natural loss is attributed to the costs of production or circulation, moreover, to the account of the guilty persons. Loss rates do not apply when calculating damage caused by theft or misappropriation of valuables.
When determining any actual losses, the degree of depreciation of valuables according to established norms, as well as the value of the remaining scrap or waste of damaged property, is taken into account.
4.3. The employee who caused the damage may voluntarily compensate for it in whole or in part. The consent of the employee is recorded in a written agreement.
In case of voluntary compensation for damage, the employee has the right to:
Transfer property of equal value to compensate for damage or repair damaged property (with the consent of management).
Correction of damaged property must be carried out by the employee in his spare time from the main work and without payment.
4.4. In the event of an employee's refusal to voluntarily compensate for damage, it is carried out in a judicial or out-of-court procedure.
4.5. Compensation for damage in an amount not exceeding the average monthly earnings of an employee is made by order (order) of the director of the company by deduction from the employee. In this case, the withholding is made no later than 1 month from the date of the final determination by the firm of the amount of damage caused by the employee.
With each payment of wages, the amount of deductions for damages cannot exceed 20% of the amount due to the employee.
4.6. The reimbursable damage caused through the fault of the team is distributed among the members of this team in proportion to the monthly tariff rate () and the time actually worked by each employee for the period from the last inventory to the day the damage was discovered.
5. Final provisions
5.1. These Regulations are of unlimited duration and may be amended or supplemented by the order of the Director.
5.2. All employees of the company must be familiarized with the Regulation against signature.
"Personnel officer. HR records management", 2008, N 2
I approve
CEO
LLC "Company "Rainbow"
2008
I.I. Ivanov
PROVISIONS ON MATERIAL LIABILITY
Article 1. General provisions
1.1. This Regulation on financially responsible persons (hereinafter referred to as the Regulations) defines the concept of materially responsible persons of Raduga Company LLC (hereinafter referred to as the Company), their rights, duties and responsibilities, conditions for the occurrence of material liability, the procedure for determining the amount of damage and its compensation, as well as establishes the form of an agreement on full individual liability in accordance with Appendix No. 1 and the form of an agreement on full collective liability in accordance with Appendix No. 2.
1.2. The Regulations are among the Company’s local regulations and were developed in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation (Federal Law of December 30, 2001 N 197-FZ), other federal laws, decrees of the President of the Russian Federation; resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies; acts of authorities local government, local regulations of the Company regulating labor and other relations directly related to them.
1.3. Financially responsible persons in the sense of these Regulations mean persons who have entered into an employment contract with the Company (hereinafter referred to as the Employees) and bear full financial responsibility for the shortage of property entrusted to them by the Company in accordance with these Regulations and the legislation of the Russian Federation.
1.4. This provision does not apply to the following persons:
Members of the Board of Directors of the Company (except for persons who have entered into an employment contract with the Company);
Citizens working for the Company under civil contracts (contract, agency, assignment, performance of work or provision of services, etc.).
1.5. The provision applies to labor relations of foreign citizens and stateless persons who have entered into an employment contract with the Company, unless otherwise provided by federal laws or international treaties of the Russian Federation.
1.6. The Regulations (new editions of the Regulations) are approved, amended and canceled by the decision of the General Director of the Company on the basis of the issued order for the main activity.
1.7. Changes and (or) additions may be made to the Regulations by adopting a new version of the Regulations.
1.8. The provision does not have retroactive effect and applies to legal relations arising after its entry into force.
1.9. The permanent place of storage of the Regulations is the Company's office.
Article 2. Concept and types of material
employee liability
2.1. The financial liability of an employee in the sense of these Regulations is the employee’s obligation to bear responsibility to the Company for committing culpable unlawful behavior (action or inaction), which resulted in damage to the Company’s property, and to compensate for this damage in the prescribed manner.
2.2. The Company provides for two types of financial liability for employees: limited and full.
2.1.1. Limited liability.
With limited financial liability for damage caused, the employee is liable within the limits of his average monthly earnings. In this case, the average monthly salary is determined on the day the damage is discovered and is calculated for the last 12 months of work of the person who caused the damage.
2.1.2. Full financial responsibility.
The employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the Company in full.
Financial liability in the full amount of damage caused is assigned to the employee in the following cases:
Shortages of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
Intentional damage;
Causing damage in a state of alcoholic, narcotic or other toxic intoxication;
Causing damage as a result of the employee's criminal actions established by a court verdict;
Causing damage as a result of an administrative violation, if established by the relevant government body;
Disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by federal laws;
Causing damage in case of non-fulfillment of labor duties by the employee.
2.3. Full financial responsibility can be individual and collective.
2.3.1. If the performance of duties for servicing the Company’s material assets constitutes the employee’s main job function, an agreement on full financial responsibility must be concluded with him; refusal to enter into such an agreement without good reason is considered as a failure by the employee to fulfill his job duties.
An individual form of full financial liability is established only if the following conditions are simultaneously present:
Material assets are handed over to a specific employee for reporting, and he is entrusted with the responsibility for their safety;
The employee is provided with a separate isolated room or place for storing material assets and conditions are provided for the proper performance of duties;
The employee independently reports to the organization’s accounting department for the acceptance of values.
The contract is signed when the employee is appointed to the relevant position. An order or indication in an employment contract that the employee bears full financial responsibility does not replace the corresponding written contract. Such an agreement is additional in relation to the employment contract with this employee. The full liability agreement is drawn up in two copies. The first is located in the Company's HR department, and the second is with the employee. The agreement on full liability comes into force from the date of its signing and is valid during the entire period of work with the material assets entrusted to the employee. A fixed-term agreement on full financial responsibility can be concluded with an employee replacing the financially responsible person during his vacation, illness, or business trip, but with a mandatory two-way procedure for the transfer of material assets for this period.
2.3.2. When employees jointly perform certain types of work related to the storage, processing, sale (release), transportation, use or other use of valuables transferred to them, when it is impossible to differentiate the responsibility of each employee for causing damage and to conclude an agreement with him on compensation for damage in full, collective (team) financial responsibility is introduced.
A written agreement on collective (team) financial liability for damage is concluded between the Company and all members of the team (team).
Under an agreement on collective (team) liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.
In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the Company.
2.4. Written agreements on full individual or collective (team) financial liability, that is, on compensation to the Company for damage caused in full for the shortage of property entrusted to employees, are concluded with employees who have reached the age of 18 and directly service or use monetary, commodity valuables or other property.
2.5. Employees under the age of 18 bear full financial responsibility for intentionally causing damage, for damage caused while under the influence of alcohol, drugs or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
Article 3. Conditions for the onset of financial liability
3.1. Material liability is assigned to the employee in the event that the following conditions are simultaneously present:
Causing direct actual damage to the Company;
Illegal behavior of the employee;
The existence of a causal relationship between the illegal actions (inaction) of the employee and the resulting damage;
The fault of the employee.
3.2. The employee is obliged to compensate for direct actual damage caused to the Company, which is understood as a real decrease in the Company’s available property or deterioration in the condition of the specified property (including property of third parties held by the Company, if he is responsible for the safety of this property), as well as the need for the Company to make costs or excess payments for the acquisition or restoration of property or for compensation for damage caused by the employee to third parties.
Damage caused by an employee to third parties means all amounts paid by the Company to third parties to compensate for damage.
Recovery from employees of those incomes that the Company could have received, but did not receive due to improper actions (inaction) of the employee, is not allowed.
3.3. Illegal behavior of an employee is such behavior when he does not perform or improperly performs his labor duties. If the employee’s labor responsibilities are not specified in the employment contract, job descriptions, other internal regulatory documents of the Company, employee behavior that is clearly contrary to the interests of the Company is considered illegal.
Illegal behavior can be expressed in the form of action and inaction. Unlawful inaction occurs when the employee had the opportunity to prevent the occurrence of damage (theft, marriage), but he did not take the necessary actions for this.
3.4. The presence of a causal connection between the employee’s unlawful actions (inaction) and the resulting material damage is a prerequisite for the employee’s financial liability to arise.
The presence of any form of guilt is the basis for bringing the employee to liability, while if the damage is caused by the intentional actions of the employee, there is full liability.
The company is obliged to prove the employee’s guilt, as well as the presence of other conditions of financial liability. The principle of presumption of guilt is applied to financially responsible persons: in case of failure to ensure the safety of inventory items transferred to them for reporting, the responsibility to prove that the loss or damage did not occur through their fault lies with them.
3.5. The employee's financial liability is excluded in cases of damage arising due to force majeure, normal economic risk, extreme necessity or necessary defense, or the Company's failure to fulfill its obligation to provide adequate conditions for storing property entrusted to the employee.
Also, a circumstance that releases an employee from financial liability due to the absence of illegal behavior is the fulfillment of the requirement (order, instruction) of the Company’s management, the head of the department or the immediate superior to commit actions that led to material damage.
Article 4. Determination of the amount of damage subject to
reimbursement, and the procedure for its reimbursement
4.1. The amount of damage caused to the Company in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to data accounting taking into account the degree of wear and tear of this property. The amount of damage, therefore, must be confirmed by the necessary documents (inventory report, defective statement, etc.).
The amount of direct actual damage is first established in kind, and then in monetary terms.
The amount of reimbursable damage caused through the fault of several persons is determined for each of them, taking into account the degree of fault, type and limit of liability.
4.2. When calculating the amount of damage, it must be revealed whether loss rates (natural loss) have been established for a given type of product, that is, such a reduction in the initial weight and volume of valuables allowed by regulations in the process of sales, storage and transportation, which is the result of their natural physico-chemical properties.
The shortage of property or its damage within the limits of the norms of natural loss is attributed to the costs of production or circulation, moreover, to the account of the guilty persons. Loss rates do not apply when calculating damage caused by theft or misappropriation of valuables.
When determining any actual losses, the degree of depreciation of valuables according to established norms, as well as the value of the remaining scrap or waste of damaged property, is taken into account.
4.3. An employee who causes damage to the Company may voluntarily compensate for it in whole or in part. The consent of the employee is recorded in a written agreement.
In case of voluntary compensation for damage, the employee pays to the Company cash desk cash. With the consent of the Company’s management, the employee may transfer equivalent property to compensate for damage or repair the damaged property. Correction of damaged property and elimination of product defects must be carried out by the employee in his free time from his main job and without pay.
4.4. If the employee refuses voluntary compensation for damage, recovery is carried out in court or out of court.
4.5. Compensation for damage in an amount not exceeding the employee’s average monthly earnings is made by order (order) of the General Director of the Company by deduction from the employee’s salary. In this case, the deduction is made no later than 1 month from the date of final determination by the Company of the amount of damage caused by the employee.
With each payment of wages, the amount of deductions for damages cannot exceed 20% of the amount due to the employee.
4.6. Damage subject to compensation caused by the fault of the team is distributed among the members of this team in proportion to the monthly tariff rate (official salary) and the actual time worked by each employee for the period from the last inventory to the day the damage was discovered.
Appendix No. 1
Contract form
on full individual financial responsibility
director _____________________ (full name), acting on the basis of the charter,
or his deputy ______________________ (full name), acting on
on the basis of _____________________ (regulations, power of attorney), on the one hand,
and _________________________________ (job title) _______________________
(full name), hereinafter referred to as “Employee”, on the other hand, concluded
this Agreement as follows.
1. The employee assumes full financial responsibility for the shortage of property entrusted to him by the Company, as well as for damage incurred by the Company as a result of compensation for damage to other persons, and in connection with the above undertakes:
a) treat with care the Company’s property transferred to him for the performance of his functions (responsibilities) and take measures to prevent damage;
b) promptly inform the responsible persons of the Company or the immediate supervisor about all circumstances that threaten the safety of the property entrusted to him;
c) keep records, draw up and submit in the prescribed manner commodity-money and other reports on the movement and balances 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.
2. The company undertakes:
a) create for the Employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him;
b) familiarize 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) carry out inventory, audits and other checks of the safety and condition of property in the prescribed manner.
3. Determination of the amount of damage caused by an Employee of the Company, as well as damage incurred by the Company as a result of compensation for damage to other persons, and the procedure for its compensation is carried out in accordance with the current legislation of the Russian Federation.
4. The employee does not bear financial responsibility if the damage is caused through no fault of his own.
5. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with the property entrusted to the Employee by the Company.
6. This Agreement has been drawn up in two copies of equal legal force, one of which is kept by the company’s personnel service, and the second by the Employee.
7. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.
Signatures of the parties:
CEO
LLC "Company "Rainbow" Employee
___________/____________/ ____________/___________/
Date of conclusion of the agreement M.P.
Appendix No. 2
to the Regulations on Liability
Contract form
on full collective financial responsibility
director ___________________ (full name), acting on the basis of the charter,
or his deputy ___________________ (full name), acting on the basis
_______________________ (statutes, powers of attorney), on the one hand, and members
team (team) ______________________________________________________________
(name of workshop, department, department, farm, site,
__________________________________________________________________________,
other division)
hereinafter referred to as “team (team)”, represented by the leader
Team (foreman) _____________________________________________________
___________________________________________________________________________
(last name, first name, patronymic; position held)
have entered into this Agreement as follows.
I. Subject of the Agreement.
The team (team) takes over the collective (team)
financial liability for failure to ensure the safety of property,
entrusted to him for ________________________________________________________________,
(name of type of work)
as well as for damage incurred by the Employer as a result of compensation by him
damage to other persons, and the Employer undertakes to create a Team (team)
conditions necessary for the proper fulfillment of accepted obligations under
this Agreement.
II. General provisions.
1. The Employer’s decision to establish full collective (team) financial liability is formalized by order (instruction) of the Employer and announced to the Team (team).
The Employer's order (instruction) to establish full collective (team) financial liability is attached to this Agreement.
2. The recruitment of the newly created Team (team) is carried out on the basis of the principle of voluntariness. When new employees are included in the Team (team), the opinion of the Team (team) is taken into account.
3. Management of the Team (team) is entrusted to the head of the Team (foreman).
The head of the Team (foreman) is appointed by order (instruction) of the Employer. In this case, the opinion of the Team (team) is taken into account.
In the temporary absence of the head of the Team (team leader), his duties are assigned by the Employer to one of the members of the Team (team).
4. When there is a change in the head of the Team (team leader) or when more than 50% of its original composition leaves the Team (team), this Agreement must be re-signed.
5. This Agreement is not renewed when individual employees leave the Team (team) or new employees are admitted to the Team (team). In these cases, the date of his departure is indicated against the signature of the retired member of the Team (team), and the newly hired employee signs the Agreement and indicates the date of joining the Team (team).
III. Rights and obligations of the Team (team) and the Employer.
6. The team (team) has the right:
a) participate in the acceptance of entrusted property and exercise mutual control over the storage, processing, sale (release), transportation or use of entrusted property in the production process;
b) take part in inventory, audit, and other verification of the safety of the property entrusted to the Team (team);
c) get acquainted with reports on the movement and balances of property entrusted to the Team (team);
d) if necessary, demand from the Employer to conduct an inventory of the property entrusted to the Team (team);
e) notify the Employer about the recusal of members of the Team (team), including the head of the Team (team leader), who, in their opinion, cannot ensure the safety of the property entrusted to the Team (team).
7. The team (team) is obliged to:
a) treat the property entrusted to the Team (team) with care and take measures to prevent damage;
b) in accordance with the established procedure, keep records, draw up and promptly submit reports on the movement and balances of the property entrusted to the Team (team);
c) promptly notify the Employer of all circumstances that threaten the safety of the property entrusted to the Team (team).
8. The employer is obliged:
a) create for the Team (team) the conditions necessary to ensure the complete safety of the property entrusted to the Team (team);
b) timely take measures to identify and eliminate the reasons that prevent the Team (team) from ensuring the safety of the entrusted property, identify specific persons responsible for causing damage, and bring them to responsibility established by law;
c) familiarize the team (team) with the current legislation on the financial liability of employees for damage caused to the employer, as well as with other regulatory legal acts (including local ones) on the procedure for storage, processing, sale (vacation), transportation, use in the process of production and other operations with the property transferred to him;
d) provide the Team (team) with the conditions necessary for timely accounting and reporting on the movement and balances of the property entrusted to it;
e) consider the validity of the request of the Team (team) to conduct an inventory of the property entrusted to it;
f) consider in the presence of the employee the recusal stated to him and, if the recusal is justified, take measures to remove him from the Team (team), decide the issue of his further work in accordance with the current legislation;
g) consider reports from the Team (team) about circumstances threatening the safety of the property entrusted to it, and take measures to eliminate these circumstances.
IV. The procedure for maintaining records and reporting.
9. Reception of property, accounting and reporting on the movement of property are carried out in the prescribed manner by the head of the Team (foreman).
10. Scheduled inventories of property entrusted to the Team (team) are carried out within the time limits established by the current rules.
Unscheduled inventories are carried out when there is a change in the head of the Team (team leader), when more than 50% of its members leave the Team (team), as well as at the request of one or more members of the Team (team).
11. Reports on the movement and balances of property entrusted to the Team (team) are signed by the head of the Team (foreman) and, in order of priority, one of the members of the Team (team).
V. Compensation for damages.
12. The basis for bringing members of the Team (team) to financial liability is direct actual damage directly caused by the Team (team) to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons.
13. The team (team) and/or a member of the Team (team) are released from financial liability if it is established that the damage was not caused by the fault of the members (member) of the Team (team).
14. Determination of the amount of damage caused by the Team (team) to the Employer, as well as the procedure for its compensation are regulated by current legislation.
15. This Agreement comes into force on ___________ and is valid for the entire
the period of work of the Team (team) with the property entrusted to it
at the Employer.
16. This Agreement has been drawn up in two copies of equal legal force, one of which is kept by the Employer, and the second by the head of the Team (foreman).
17. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.
Signatures of the parties to the Agreement
From the Employer:
Team Leader (Foreman)
Members of the Team (team):
Date of conclusion of the Agreement
A liability clause signed with an employee will make him more attentive to his work. A sample document can be downloaded for free.
Signing the provision on material and disciplinary liability of employees - important event in labor relations. Together with the contract, the provision on liability forms a set of measures for the proper regulation of labor. The interaction of the two papers allows the employer and employee to have certain guarantees, rights and obligations, and adhere to the rules of proper conduct. On the page you are viewing, a sample of the document under discussion can be downloaded for free.
The written execution of the provision on liability is important and carries many positive and auxiliary points. Expensive items and things entrusted to a person require competent recording of their accounting. An agreement signed with an employee will make him more attentive to his work. The values listed on the list must correspond to the availability in the warehouse. The employee, putting his signature under this list, must personally verify the available quantity, otherwise problems cannot be avoided.
Mandatory clauses of the provisions on the liability of employees
:- Record of the approval of the head at the top right of the title page;
- Name, short description, general items;
- Rules and regulations governing the procedure for actions in certain situations;
- Penalties for violations of liability;
- Compensation for harm;
- Introductory signatures of persons whose work borders on liability issues.