Regulation on full individual liability
Regulations signed with the employee liability make him take a closer look at his work. A sample document can be downloaded for free.
Signing the regulation on the 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.
The provision on employee liability is required to be drawn up in any company that wants to protect its property from negligence and abuse by employees. In the article, we will consider when a provision is drawn up, and we will also give a sample provision on the liability of an employee.
Regulation on liability
The Regulation on Material Liability of Employees (PMO) contains the internal aspects of the company regarding the safety of its property. This document is a local document of the organization, which describes the scheme of interaction between the employer and the employee in terms of the safety of the company's property. The provision also contains the specifics of compensation for damages.
Mandatory drawing up of a document is not provided for by law, nor is it special requirements regarding the content and scope of this document. This document provides for the same approach to all employees of the company regarding their responsibility for the safety of property. It also contributes to the absence of disagreements between the employer and the employee in matters of damages.
Important! The issue of liability may also be contained in other documents of the company, for example, in an employment contract or an agreement on liability.
The legislative framework
When compiling the PMO, one should be guided by Labor Code(Article 238-250 of the Labor Code of the Russian Federation), as well as Decree of the Ministry of Labor of Russia No. 85 “On approval of the lists of positions and ...”. The Labor Code of the Russian Federation contains aspects for determining the amount of damage caused by employees to company property, the recovery procedure, as well as conditions that allow exclusion of liability. The resolution is informational. It contains a list of positions of employees with whom it is possible to conclude a liability agreement (DMO), as well as a template for this agreement. When concluding an agreement with employees, one should check the list of positions specified in the Decree, and also take into account the work specified in it.
Important! The employer should approach the preparation of the position with all responsibility. This will allow in the future to resolve disputes related to compensation for damage. In addition, the provision will allow showing employees the degree of their financial responsibility.
In order to preserve their property, employers are trying to conclude DMOs with each employee. In this case, he violates the rights of those employees whose positions and professions are not specified in Decree No. 85, as he expands the list of persons specified in the Decree without permission.
With whom do they enter into a liability agreement?
It should also be borne in mind that full liability may also apply to those employees with whom the employer has not concluded a DMO (documentation of a DMO is not required by law). Such liability is provided for in the following cases (243 of the Labor Code of the Russian Federation):
- as a result of the intentional actions of the employee, the property of the company was damaged;
- damage (loss, damage) to the property of the company was the result of the action or inaction of the employee, who at that moment was in a state of alcoholic (drug or other) intoxication;
- damage to property occurred as a result of the employee's criminal actions, or as a result of an administrative offense committed by him;
- damage to company property occurred as a result of its use for personal purposes;
- the damage to the company is caused as a result of the disclosure by the employee of information that is secret and protected by law.
Liability of minor employees
When compiling the PMO, it is necessary to take into account the age of the employees who are assigned the responsibility. Special treatment is required for employees under the age of 18. For example, a DMO that will be entered into with such an employee will not be legally binding. In addition, forcing minors to compensate for material damage is illegal. It is possible to conclude DMO only with employees aged 18 and older (244 of the Labor Code of the Russian Federation) who are employed in positions related to money and commodity values.
However, this does not mean that employees under the age of 18 are completely exempt from compensation for damages and are not liable. In this case, the interests of the employer are protected by article 242 of the Labor Code of the Russian Federation. If, for example, the property of the company was damaged by the actions of minor employees who are in a state of alcoholic (drug, other) intoxication or in the commission of a crime, then they will be required to compensate for the damage in full
Important! Other employees over the age of 18 are equal before the law and are required to pay damages to the employer's property in accordance with the terms of the DMO.
Conditions for indemnification
In the PMO, the employer should provide for the conditions under which the employee can make claims for the performance of his duties in an improper form and entail the need for compensation for damage. The employer will need:
- collect evidence about the fault of the employee;
- determine the amount of damage in the real amount, as well as the amount of costs for the restoration of property;
- calculate the amount of compensation based on the market prices established at the time of the damage.
Damage recovery procedure
When recovering matusherba from an employee, the employer must comply with all legal requirements. His actions in this case will be as follows:
- Conducting an inventory. Before recovering damages from an employee, an inventory of property will be required. This procedure will allow you to identify the fact of damage to property and document it.
- An official investigation. The purpose of this stage is to identify the causes of damage or loss of property. For this, according to the order of the head, a special commission is created. In this case, the employee will need to draw up written explanation which will later be considered by the Commission.
- Calculate the amount of damage. When determining the amount of damage, the market price of the damaged property is taken into account, and it is also compared with the residual amount from accounting.
The employer can recover the calculated amount of damage from the employee without going to court, but only if the amount of damage does not exceed the average salary of the employee. This must be done within 1 month from the date of calculation of the amount by order of the head. If the employee evades compensation for damage, the employer can sue him.
Important! The above steps should be fixed in the PMO. However, the content of this document may vary from organization to organization.
Conclusion
So everything financial losses that the company has suffered due to the fault of the employee must be reimbursed by the employees. But for this, the employer will need to properly conduct the reimbursement procedure. All stages of compensation, the procedure for interaction between the employer and the employee on the safety of the company's property are reflected in such a local document of the company as the provision on liability.
"APPROVE"
CEO
_____________________
_____________________
"___"________ 201_
Regulations on the procedure for disciplinary and material liability
enterprise employees
1. GENERAL
1.1. This provision on the procedure for disciplinary and material liability has been developed in accordance with the Labor Code Russian Federation, Decree of the Ministry of Labor and social development of the Russian Federation "On Approval of the Lists of Positions and Works Replaced or Performed by Employees with whom the Employer May Conclude Written Agreements on Full Individual or Collective (Team) Liability, as well as Standard Forms of Agreements on Full Liability" N 85 dated 12/31/2002, The Charter of the enterprise, other regulations and determines the procedure for applying disciplinary and material impact on violators of discipline and order.
1.2. Complianceinternal labor regulations , labor and technological discipline, job descriptions and other regulatory documents of the enterprise - a single requirement for all categories of employees.
1.3. Provisions on subdivisions developed by divisions of the enterprise in terms of the responsibility of employees are based on this provision on the procedure for disciplinary and material liability.
1.4. The heads of divisions and the General Director of the enterprise have the right to apply disciplinary sanctions.
1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working at the enterprise should be taken into account.
2. PENALTY FOR BREACH OF LABOR DISCIPLINE
2.1. The enterprise uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline.
2.2. For a one time violation labor discipline(lateness to work, failure to comply with legal orders of the administration, violation of internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety rules, etc.) the enterprise provides for penalties in the form of a remark announced orally by the head of the subdivision, or reprimand, announced by order of the General Director at his own discretion or at the request of the head of the unit.
2.3. A reprimand issued by order of the General Director deprives the employee of additional payments to wages(premiums) within 6 months.
2.4. For a systematic violation of labor discipline, as well as the absence of an employee without a valid reason at work within four hours during the working day, being without good reasons not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform job duties, refusal or evasion without good reason from the medical examination of employees if such a need arises, the employee's refusal to pass working time special education and passing exams on safety and equipment operation rules; the employee's refusal to continue working due to a reduction in grade, salary or tariff for a gross violation of technological discipline by the employee, other serious violations, or based on the results of certification; appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, the following types of disciplinary sanctions may be applied to an employee of the enterprise:
- notice of dismissal;
- dismissal.
2.5. The decision to issue a warning or dismissal from the enterprise is made by the General Director of the enterprise at the request of the head of the unit. The decision to warn about dismissal or dismissal of an employee shall enter into force from the moment of its adoption.
2.6. Accepted CEO enterprise decision - warning the employee about dismissal deprives the employee of receiving additional payments to wages (bonuses), including ______ percent of the allowance for the titles "Best Employee of the Enterprise", "Veteran of Labor" for a period of one year.
3. MATERIAL RESPONSIBILITY OF THE EMPLOYEES OF THE ENTERPRISE
3.1. All employees of the enterprise are liable for direct material damage, which is understood as: loss, deterioration or decrease in the value of property, the need for the enterprise to incur costs for the restoration, acquisition of property or other valuables, or to make excessive payments.
Lost income received by the enterprise, as well as damage resulting from normal production risk, are not subject to compensation.
3.2. For the material damage caused, the employees of the enterprise may bear limited liability or full liability.
3.3. Limited liability in the amount of the damage caused, but not more than the average monthly earnings of the employees of the enterprise, occurs:
- in case of unintentional damage to the property of the enterprise: machine tools, equipment, vehicles and loading facilities, buildings and structures, utilities, roads, green spaces, finished products;
- in case of damage or destruction due to negligence of materials, raw materials, semi-finished products, products during their manufacture;
- in case of damage or destruction of tools, means of small-scale mechanization, measuring instruments, overalls and other items issued to the employee for use;
- in the case when the enterprise suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party.
3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full.
3.5. Employees are fully responsible for:
- in the event that between the employee holding a position or performing work directly related to storage, processing, release (sale), transportation and use in the production process of the values transferred to him, and the General Director, a written agreement has been concluded on the assumption by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes;
- in the case when the property and other valuables were received by the employee on account of a one-time power of attorney or other one-time documents;
- in the case when the damage is caused by shortage, deliberate destruction or deliberate damage to materials, products, semi-finished products, finished products, as well as tools, measuring instruments, overalls and other items issued to the employee for use;
- in the event that the damage was caused not during the performance of the employee's labor duties;
- in case of causing damage in a state of alcoholic, narcotic or toxic intoxication;
- in case of damage as a result of the employee's criminal actions established by a court verdict;
- in case of damage as a result of an administrative offense, if such is established by the relevant state body;
- in case of disclosure of information constituting a legally protected secret (official, commercial or other), in cases stipulated by federal laws.
etc...
Order the preparation of the necessary document for a personal order.
"APPROVE"
CEO
_____________________
_____________________
"___"________ 201_
Regulations on the procedure for disciplinary and material liability
enterprise employees
1. GENERAL
1.1. This provision on the procedure for disciplinary and material liability has been developed in accordance with the Labor Code of the Russian Federation, the Decree of the Ministry of Labor and Social Development of the Russian Federation "On Approval of the Lists of Positions and Works Replaced or Performed by Employees with whom the Employer Can Conclude Written Agreements on Full Individual or Collective brigade) liability, as well as standard forms of agreements on full liability" N 85 dated 12/31/2002, the Charter of the enterprise, other regulations and determines the procedure for applying disciplinary and material impact on violators of discipline and order.
1.2. Compliance , labor and technological discipline, job descriptions and other regulatory documents of the enterprise - a single requirement for all categories of employees.
1.3. Provisions on subdivisions developed by divisions of the enterprise in terms of the responsibility of employees are based on this provision on the procedure for disciplinary and material liability.
1.4. The heads of divisions and the General Director of the enterprise have the right to apply disciplinary sanctions.
1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working at the enterprise should be taken into account.
2. PENALTY FOR BREACH OF LABOR DISCIPLINE
2.1. The enterprise uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline.
2.2. For a one-time violation of labor discipline (being late for work, failure to comply with legal orders of the administration, violation of internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety rules, etc.), the company provides for penalties in the form of a remark declared orally by the head of the division, or a reprimand announced by order of the General Director at his own discretion or at the request of the head of the division.
2.3. The reprimand, announced by the order of the General Director, deprives the employee of receiving additional payments to wages (bonuses) for 6 months.
2.4. For a systematic violation of labor discipline, as well as the absence of an employee without a valid reason at work within four hours during the working day, being without good reason not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform work duties, refusal or evading, without good reason, a medical examination of employees if such a need arises, the employee's refusal to undergo special training during working hours and pass exams on safety and equipment operation rules; the employee's refusal to continue working due to a reduction in grade, salary or tariff for a gross violation of technological discipline by the employee, other serious violations, or based on the results of certification; appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, the following types of disciplinary sanctions may be applied to an employee of the enterprise:
- notice of dismissal;
- dismissal.
2.5. The decision to issue a warning or dismissal from the enterprise is made by the General Director of the enterprise at the request of the head of the unit. The decision to warn about dismissal or dismissal of an employee shall enter into force from the moment of its adoption.
2.6. The decision taken by the General Director of the enterprise - warning the employee about dismissal deprives the employee of receiving additional payments to wages (bonuses), including ______ percent of the bonus for the titles "Best Employee of the Enterprise", "Veteran of Labor" for a period of one year.
3. MATERIAL RESPONSIBILITY OF THE EMPLOYEES OF THE ENTERPRISE
3.1. All employees of the enterprise are liable for direct material damage, which is understood as: loss, deterioration or decrease in the value of property, the need for the enterprise to incur costs for the restoration, acquisition of property or other valuables, or to make excessive payments.
Lost income received by the enterprise, as well as damage resulting from normal production risk, are not subject to compensation.
3.2. For the material damage caused, the employees of the enterprise may bear limited liability or full liability.
3.3. Limited liability in the amount of the damage caused, but not more than the average monthly earnings of the employees of the enterprise, occurs:
- in case of unintentional damage to the property of the enterprise: machine tools, equipment, vehicles and loading facilities, buildings and structures, utilities, roads, green spaces, finished products;
- in case of damage or destruction due to negligence of materials, raw materials, semi-finished products, products during their manufacture;
- in case of damage or destruction of tools, small-scale mechanization, measuring instruments, overalls and other items issued to the employee for use;
- in the case when the enterprise suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party.
3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full.
3.5. Employees are fully responsible for:
- in the event that between the employee holding a position or performing work directly related to storage, processing, release (sale), transportation and use in the production process of the values transferred to him, and the General Director, a written agreement has been concluded on the assumption by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes;
- in the case when the property and other valuables were received by the employee on account of a one-time power of attorney or other one-time documents;
- in the case when the damage is caused by shortage, deliberate destruction or deliberate damage to materials, products, semi-finished products, finished products, as well as tools, measuring instruments, overalls and other items issued to the employee for use;
- in the event that the damage was caused not during the performance of the employee's labor duties;
- in case of causing damage in a state of alcoholic, narcotic or toxic intoxication;
- in case of damage as a result of the employee's criminal actions established by a court verdict;
- in case of damage as a result of an administrative offense, if such is established by the relevant state body;
- in case of disclosure of information constituting a legally protected secret (official, commercial or other), in cases stipulated by federal laws.
etc...
Order the preparation of the necessary document for a personal order.
Any hired worker is to some extent responsible for the safety of the property entrusted to him. With regard to various units, equipment and Vehicle, on general rule, there are restrictions on the amount of reimbursable damage. Another situation develops with valuables and money - the employee pays the damage in full. In order to standardize the procedure for compensation for harm, you can draw up a provision on.
Regulation on full liability
Labor relations are regulated by various. One of them is the provision on full liability. Although its development is not mandatory, this document allows you to:
- distribute responsibility for values between employees and company management;
- create unified algorithms for the actions of employees in identifying shortages and calculating the amount of damage;
- determine the positions with which it is necessary to conclude agreements on full liability;
- avoid disputable situations when recovering losses;
- reduce the time spent on processing required documents fixing the incident, and the return of lost property.
Employees of various services are involved in its development - personnel, legal and financial. Also, when creating this document, it is necessary to take into account the opinion of the chiefs. structural divisions, where functional responsibilities employees imply full responsibility for the property of the employer.
When developing this provision, it is necessary to comply with the limits of the responsibility of employees established by law.
Section 11 of the Labor Code of the Russian Federation and Decree of the Ministry of Labor No. 85 define the types of work and positions, as well as situations in which an employee is fully responsible for the property of the employer. In addition, the lack of interest of the employer in the safety of their own property or force majeure circumstances may be the reason for the release of the responsible employee from compensation for damage.
The procedure for developing a provision on full liability is similar to drawing up any other intra-company regulatory documents. Since this local normative act is not mandatory, there is no generally accepted form of it. Each employer independently decides which rules and procedures to include in it.
In addition, there is no need to develop a separate normative act. Employee liability provisions can be included in:
In addition to the provision, it is possible to develop unified forms of documents necessary to identify damage, determine its size and subsequent compensation at the expense of the guilty person.
For example, an employee independently identifies a shortage of entrusted to him Money. An act is required to fix the incident certain form. In order to simplify the procedure for registering a shortage and reduce time costs, it is possible in the provision on the mat. responsibility to provide a single sample of the act.
Approval of the provision on full liability
After responsible department will develop the final version of this local regulatory document, it is coordinated with all interested services, departments and departments.
In the absence of comments and additions, the next step is to approve the provision on full liability. To do this, it is necessary to issue an appropriate order from the head of the company.
The order to approve the provision on full liability is similar to other orders of the head on the approval of local regulations. Its text includes:
The final version of the approved regulation is attached to the order.
You can create a leader's order as follows:
Professional and technical association "Innovator"
Mirny
15.12.2018 № 3654
ORDER
On approval of the Regulation on full liability
In order to ensure the safety of the property of PTO "Innovator"
I ORDER:
Approve the Regulation on full liability.
To the head of the personnel department, bring it into line with the approved local normative act employment contracts employees and conclude with separate categories workers and employees of the agreement on full liability, up to 01.01.2019.
Heads of structural subdivisions to amend job descriptions of their employees, with whom agreements on full liability will be concluded, up to 01/25/2019.
To impose control over the execution of the order on the deputy director of the PTO "Innovator" Perelivchenko E.K.
Director Maliroikin V.S.
After the position of the complete mat. responsibility will be approved, all employees of the company will be familiarized with it.
Local regulations greatly simplify the work with the staff. They unify various procedures and contain uniform algorithms for the actions of personnel in different situations. The provision on full liability is aimed at ensuring the safety of the company's property, timely detection of damage or shortages, as well as reducing the time spent on identifying the perpetrators and compensating for the harm caused. When developing it, it is necessary to comply with legislative restrictions on the types of work and positions to which full responsibility for the entrusted values is applicable. The procedure for its approval and approval is similar to the enactment of other local regulations.