An order on full liability is formed in cases where the management has a need to impose the obligation to preserve the property of the enterprise on subordinates.

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Types of full liability

Liability is of two types:

• individual;
• collective.

In the first case, it is transferred to one of the company's employees personally, in the second, a group of employees (usually colleagues in a workshop, division or section) is responsible for inventory items.

In order to follow the letter of the law when imposing liability, the administration of the enterprise must follow a certain algorithm of actions:

1. First of all, the organization issues an order on full liability.
2. Then, with the employees for whom it is issued, additional agreements are concluded to the employment contract (or collective agreement).
3. Acts of inventory of the property entrusted to them are formed.

On the basis of these documents, when establishing the facts of damage or loss of inventory items indicated in the inventory report, the company's management has every right to recover damages from responsible persons.

Who makes the order

The immediate task of drawing up an order on full liability can be entrusted to any employee of the company who is familiar with the legislation of the Russian Federation (in terms of labor and civil law), and who also has an accurate idea of ​​​​how exactly to write such administrative acts. Typically, this function is part of the job responsibilities of a legal adviser or secretary.

In any case, regardless of who exactly will be busy compiling the order, after its final formation, this person must transfer the document for certification to the head of the enterprise, because. without his signature, it will not become legal.

How to explain the creation of an order

For the formation of an order, there must always be a reason, or rather even two: a reason and a justification. They are present in all commanding orders.

1. In the justification, the actual circumstances that served as the reason for creating the document are written - in this case, it may be the need to ensure the safety of the company's property or something similar.
2. The basis is a direct link to some internal document (for example, a memo from the head of a structural unit) or a legislative act - its number and date are indicated here.

What are the features of the order

If you need to draw up an order for the imposition of full liability, first read our tips and see a sample document.

As an introduction, some general information. This order, like all other administrative acts, does not have a unified form, which means that it can be written in free form or, if the company has its own approved document template, according to its type. The text can be written both by hand and typed on a computer, while the order can be drawn up on a simple sheet of any convenient format or on the letterhead of the organization.

When issuing an order, you should observe only one important condition - it must be signed by the director of the enterprise (since all orders are written on his behalf) or an employee who, in the prescribed manner, acts on behalf of the head. In addition, all the employees listed in it, as well as those whom it directly concerns, must leave their autographs under the document.

Make sure that the order is drawn up without errors, typos, blots and corrections. There is no strict need to certify the order form with a seal - this should be done only when the rule for certifying local documents using various kinds of clichés is laid down in the accounting policy of the enterprise.

Make an order in one original copy, and if you need to make copies, just sign them with the responsible employee. Upon completion, be sure to include the document details in the register of administrative papers.

After the order for full liability has been created, signed, issued and accounted for, and all employees affected by it have become familiar with it, the form must be enclosed in a separate folder with other administrative documentation. The document should be kept in it for the entire period of validity, which is prescribed either in the document itself, or is equal to one year from the moment the order was drawn up.

Subsequently, the form can be transferred to the archive of the organization and, after the expiration of the storage period, disposed of in accordance with the procedure prescribed by law.

Sample letter of full liability

When formulating the text of the order, do not forget that its composition and content must meet certain standards of business documentation.

First, in the "header", specify:

• the name of your company;
• name and number of the document with a short designation of its meaning;
• place (settlement) and date of its compilation;
• justification for creating an order: for example, the impossibility of delimiting liability (if we are talking about a group of employees) or (in the case of assigning personal liability) the need to ensure the safety of the company's property, etc.

Then formulate the main part - it is better to divide it into points:

• include here the actual order on full liability;
• indicate the structural unit in which the responsible persons are listed, their positions and full names;
• after that, you need to instruct the specialist of the personnel department to conclude with these employees or additional. an agreement to an employment contract, or a collective labor agreement (depending on the situation);
• appoint an employee who will monitor the execution of this order (this may be one of the people close to the management of the company or the director himself).

Finally, the order must be signed.

Sample letter of individual liability

Sample order on collective liability

The concept of liability

The concept of liability in labor law can be applied to any side of the relationship - both to the employee and to . The material responsibility of the employee, to which the entire Chapter 39 of the Labor Code of the Russian Federation occurs only under certain conditions. For example, the onset of full liability is possible only if we are talking about:

1. responsible persons who mandated by federal law;
2. shortage of valuables entrusted to the employee on the basis of an agreement or a one-time document;
3. causing damage by an employee intentionally or in a state of narcotic, alcoholic or other toxic intoxication;
4. criminal actions or administrative misconduct of an employee, as a result of which damage was caused to the property of the employer;
5. causing damage as a result of non-fulfillment by an employee of direct official duties;
6. disclosure of information constituting a legally protected secret ( , state, official, etc.).

Some positions are initially b. These include the positions of the first persons of the organization - the chief accountant, the head and his deputies. Yes, according to Article 277 of the Labor Code of the Russian Federation, always bears full liability for direct actual damage caused by his guilty actions to the enterprise.

Download related documents:

An agreement on full liability cannot be concluded with persons under the age of 18 years. employees can be fully liable only for damage caused intentionally or committed in a state of toxic intoxication or unlawful misconduct.

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Order on the appointment of a financially responsible person

on the appointment of a financially responsible person in 2017 is necessary to confirm the authority of the official and fix the list of the organization's property accountable to him.

There is no unified form of the document. Therefore, a sample order on the material liability of an employee in 2017 is developed on the basis of contracts and agreements concluded with him, as well as taking into account the provisions Articles 242 and 244 of the Labor Code of the Russian Federation.

The date of issue of the order is not limited by any framework and is not tied to the recruitment procedure. The fact is that far from always the material liability of an employee arises immediately from the moment of his to the organization. As soon as an object of responsibility arises (which can happen at any stage of economic activity), it is assigned to an official, as a rule, selected from among the full-time employees.

Order for a financially responsible person: sample

Standard details

When drawing up an order for a financially responsible person, do not forget to provide him with a list of standard details, which include:

1. name of company;
2. Document Number;
3. the date and place of its compilation;
4. Name - in this case " Order on the appointment of a financially responsible person(or “on the establishment of full brigade (collective) responsibility”, if we are talking about several employees).
a list of local normative and legislative acts on the basis of which the order is issued, the details of the agreement concluded by the parties on collective or individual liability are indicated.

Next, you must specify the last name, first name, patronymic and position of the employee, as well as briefly describe the inventory items entrusted to him by the employer. If the list of values ​​is large, you can fix it in a separate application.

Recommendations and instructions for organizing events designed to ensure the safety of the entrusted property are reflected in the administrative part of the order. It also contains information about which of the employees will be in the absence of the main performer at the workplace.

Each applicant applying for a position or job from an approved Ministry of Labor No. 85 "List", upon signing it is necessary to warn in advance about its features.

• employees have reached the age of 18;
• they directly serve or use monetary, commodity values ​​or other property;
• lists of jobs and categories of such workers are provided for by the Decree of the Ministry of Labor of December 31, 2002 No. 85.

It must be borne in mind that the conclusion of such contracts is the right, and not the obligation of the employer. At the same time, it is generally impossible to recover full damages from employees who meet the above conditions, but with whom liability agreements have not been concluded.

An order for a materially responsible person, a sample of which the organization can develop itself, is not a mandatory document. However, it often precedes the direct conclusion of liability agreements. The order on the appointment of a financially responsible person (we will give a sample below) usually contains a list of positions and even specific full names. employees with whom such contracts are to be concluded, the need to conclude contracts on full liability is justified, the date from which full liability will be assigned to employees is indicated. The order is transmitted for familiarization to financially responsible persons to whom it applies. For an order to change the financially responsible person, a similar sample can be used.

Order on the imposition of liability: sample

We give a sample of 2017 for the order on the liability of the employee.

Full liability statement:

This order should not be confused with an order to bring to liability, a sample of which the employer also develops independently. Recall that the order to bring the employee to liability is a mandatory document, on the basis of which damages are collected, not exceeding the average monthly earnings of the employee. Such an order must be issued no later than 1 month from the date of the final determination of the amount of damage (part 1 of article 248 of the Labor Code of the Russian Federation). We talked in more detail about the procedure for bringing an employee to liability in a separate one.

Installed by order.

It is published in any case: there is an agreement on MO with an employee or not.

The document serves as the basis for attracting a person to the MO when it is not possible to distinguish it between employees.

However, the law recognizes the liability agreement as the basis for bringing.

Important! There are positions and professions for which responsibility is established by the very fact of their existence.

For example, for the head of an organization, MO is established from the moment he takes office, regardless of whether there is an agreement with him or not.

The document contains the following items:

1. Organization name (its full name).
2. Who publishes the document. Full name, position, as well as the data of documents that confirm his right to establish the obligations of employees.
3. Next, the establishment of MO. This section details the responsibilities of those for whom it is installed.
4. List of employees with responsibility. Be sure to list their positions, personal data (F. I. O.).
5. The order must be signed by the head or the person who issued the document.

The people named in it must be familiarized with the document against signature.

Establishment of responsibility refers to the competence of the employer.

Order for a financially responsible person can be drawn up and signed by both the employer himself and the employee authorized by him. For example, the appointed leader.

An important point. It is necessary to distinguish between an order to establish from an order to attract to the Moscow Region.

The first one only establishes it in relation to certain employees, while the second one imposes a penalty in the event of liability, its procedure, size, and terms are determined.

We talked about what this document should include above. Now we will consider in more detail the question of how to write an order on the appointment of financially responsible employees.

The following information is entered on the form:

Regulations on MO

The employee liability policy is a document designed to regulate legal relations in an organization, in the part concerning the established liability for the damage caused.

The regulation defines:

1. What is meant by MO.
2. Types of obligations that exist in the organization.
3. To whom does it apply?
4. How to install.
5. When it occurs.
6. Reimbursement procedure.
7. Forms of agreements, contracts with financially responsible persons for each type of MO.

The provision must comply with the norms of the current legislation, in particular, the Labor Code.

Important! The regulation is approved by the board of the organization(trustee, board of directors), if any. It is put into effect by order of the head.

The position consists of several parts.

The first, defining, in which the concept of MO is given, more precisely, what exactly is meant by it in an organization.

The full name of the organization is required to which normative acts the Regulation applies.

Then the general provisions of the document follow:

• who is the financially responsible person;
• who is not covered by this document;
• how it is changed, approved and implemented;
• where is stored.

The next part reveals the concepts of MO, its types that exist in the organization. With what employees an agreement on one or another type of liability is concluded. Species definitions are given in expanded form. That is, the essence of the concept is given.

It is established how and in what cases this or that type of obligation occurs.

For each species are considered separately, including age, types of damage, the presence or absence of an MO agreement.

It explains what working conditions should be created for a financially responsible person. How is its activity controlled?

In the next section, the article, the conditions for the offensive are stipulated. These include:

• fault of the employee;
• direct damage;
• connection between him and the actions of the employee;
• illegal behavior.

The definition of each of the above concepts, and the order of their establishment is given.

The next part determines the amount of damage, how it is compensated. It is indicated that compensation for damage is determined by a separate agreement with the employee. It is determined how it occurs on a voluntary basis, and as a forced one. The actions in case of refusal of the employee, pre-trial and judicial decisions are explained.

Attention! Pregnant it is necessary to describe the cases when liability does not arise even in the event of damage. For example, self-defense. If it is proved that the employee was defending himself, then even if there is damage, the punishment does not occur.

An integral part of the Regulations are the forms of agreements and contracts for each type of MO.

MO is established both in relation to an individual employee and a team.

She may be full or limited.

Responsibility comes only when the conditions corresponding to it exist.

Which ones, inherent in a particular species, should be described in the Regulation. On the basis of it, an order on the MOL is drawn up.