Order on removal of financial liability sample. The main part of the company order states

Often the head of an organization requires that employees bear responsibility for the safety of the property entrusted to them. In this case, the correct execution of the necessary documents falls on the employer. In the article we will tell you why an order on financial liability is needed, how to draw it up and store it, and we will provide a sample order on the material liability of an employee.

Why is the document needed?

It is needed to ensure the safety of values belonging to the institution. Such a document will enable the employer to both establish financial liability for the employee and in case of damage. A sample order on full financial responsibility will help the employer prepare official papers properly.

Legal norms are contained in Chapter 39 of the Labor Code of the Russian Federation, as well as in Resolution of the Ministry of Labor No. 85 of December 31, 2002. Thus, financial responsibility is introduced for positions related to the movement, storage and disposal of valuable resources, by concluding an agreement on individual or collective financial responsibility (depending on the needs of the employer).

It is necessary to strictly differentiate two types of orders for financial responsibility:

About the assignment.
About attraction.

In the first case, the employer is required to issue such a document. It must be developed if it is provided for by a local regulation or a collective agreement in the institution, that is, the publication of an official document in this case is the right, and not the responsibility of the manager.

In the second case, an official paper on the recovery of the amount of damage caused is issued no later than one month from the date of establishing its amount. The publication is preceded by a procedure that includes fixing the amount of damage, creating a commission to investigate, obtaining explanations from the employee, drawing up a report on the results, and familiarizing the perpetrator with the materials.

If the deadline for issuing the order is not met, the issue may be resolved in court.

Download a sample order on the financial responsibility of an employee: assignment

Sample order on financial responsibility of an employee 2019: involvement

How to compose

At the level of current legislation, there is no unified form of an act on imposing financial liability. It is drawn up according to an arbitrary template, but must be drawn up in accordance with the general requirements for administrative documents.

The header contains the name of the organization, name and number, place and date of compilation.

The preamble includes a rationale (the circumstances that gave rise to its creation) or a basis (a direct reference to a specific document or legislative act).

The main part should contain:

the actual order on financial liability;
an indication of the structural unit in which the responsible persons work, their positions and full names;
list of employees for whom financial liability is introduced, indicating their full name. and positions;
an indication of the property for which the employee is responsible;
an indication of the employee who will monitor execution (maybe the manager himself).

There is no standardized form for an order for damages, but it includes the following information:

the basis on which the employee is held accountable;
FULL NAME. and the position of the employee;
amount to be recovered;
information about those responsible for execution.

The manager signs the document, and the employees mentioned in it get acquainted with it under their signature.

How long to store

The storage periods for administrative documentation of various types are determined by the current legislation on archival affairs. Order of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010 will also help the employer understand the deadlines.

Qualifying orders on financial liability as documents on administrative and economic issues, we obtain information about the duration of their storage - 5 years.

In case of damage or loss of equipment, products, or vehicles, the employee must compensate the company for damages. The law provides for several types of liability:

And . In the first case, the perpetrator will have to pay for all direct actual losses suffered by the employer due to his illegal actions. In the second, the worker will get off with a “fine” in the amount of one of his wages;
and - depending on how many people are simultaneously responsible for the safety of products, property, and other valuables.

It is prohibited to enter into agreements with one person on both individual and collective responsibility: either the subordinate is responsible personally or together with colleagues (see. Art. 245 Labor Code of the Russian Federation). However, exceptions are possible, for example, for a cashier-seller, as an agreement on collective financial liability can be concluded with the seller, since, in addition to the seller, other employees have access to the hall where the goods are displayed, and his responsibility cannot be delimited with them . At the same time, the duties of this employee include transactions with funds, to which no one except him is allowed.

It is not always possible to assign full financial responsibility. There is a list of professions and jobs in which employees may be fully responsible for the safety of property, goods and equipment. Such a list is contained in Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85. In addition, in order to recover the entire amount from the perpetrator, the parties must sign an agreement on financial liability. The standard form of this document is also given in Resolution No. 85.

Agreement with one employee

Agreement with the team

Please note that the law does not force such agreements to be concluded. This is the right of entrepreneurs, guaranteeing that if an employee is at fault, the owner company will be able to compensate for all damage. If there is no corresponding written agreement, the subordinate will pay only within the average monthly salary ( Art. 241 Labor Code of the Russian Federation).

Sample order for full financial liability

Together with the contract, the employer prepares an order establishing liability. It specifies what needs to be secured and who does it.

Since there is no standard template for such an order at the legislative level, it can be drawn up in any convenient form. The main requirements for the order: it contains information about the employer and responsible persons, and also provides a list of property based on the results of the inventory, for the safety of which you must be responsible.

Let us note that the law provides for the mandatory issuance of an order establishing the financial responsibility of the team (Appendix 4 to Resolution of the Ministry of Labor No. 85), but such a document will not hurt in relation to one employee. All employees listed in the order must be familiarized with the order and signed. It is signed by the head of the organization.

Example for assigning a team of responsible persons

General procedure for bringing to justice

To punish the person responsible for the losses incurred by the company, the employer must act according to certain rules.

1. Establish the amount of damage.

The concept of liability

The concept of material liability in labor law can be applied to any party to the relationship - both to the employee and to . The financial 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, full financial liability is possible only if we are talking about:

responsible persons who imposed by federal legislation;
shortage of valuables entrusted to the employee on the basis of an agreement or a one-time document;
damage caused by an employee intentionally or in a state of drug, alcohol or other toxic intoxication;
criminal actions or administrative misconduct of an employee, as a result of which damage was caused to the employer’s property;
damage caused as a result of an employee’s failure to perform his immediate official duties;
disclosure of information constituting a secret protected by law ( , state, official, etc.).

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

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An agreement on full financial liability cannot be concluded with persons under the age of 18. employees can bear full financial liability 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 powers of the official and secure the list of the organization’s property accountable to him.

There is no unified form of the document. Therefore, a sample order on the financial responsibility 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 to any framework and is not tied to the hiring procedure. The fact is that the employee’s financial responsibility does not always arise immediately from the moment of his to the organization. As soon as an object of responsibility arises (which can happen at any stage of business activity), it is assigned to an official, usually selected from among 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:

name of company;
Document Number;
date and place of its preparation;
Name - in this case " Order on the appointment of a financially responsible person(or “on establishing full brigade (collective) responsibility” if we are talking about several employees).”

Next, you must indicate 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 secure it with a separate application.

Recommendations and instructions for organizing events designed to ensure the safety of 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 work approved by the resolution Ministry of Labor No. 85 “List", upon signing it is necessary to warn in advance about its features.

Based on the legislative framework of the Russian Federation, Responsible for material assets in educational institutions are:

caretaker;
supervisor;
laboratory assistant;
Deputy Head;
wardrobemaid;
librarian.

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

IMPORTANT! You should know that Article 238 of the Labor Code of the Russian Federation implies the liability of all employees who are in an employment relationship with the employer for direct damage.

According to generally accepted standards, regardless of the form of the employee’s relationship with the employer, the employee must compensate for damage caused to the employer.

Responsibilities of the head of the economic department

The economic activities of the organization both in schools and in preschool educational institutions are carried out by caretakers. According to their job descriptions, these employees are required to:

Due to their type of activity, caretakers are required to provide reports to managers and higher authorities on their work. To check the activities of the caretaker in institutions, an inventory is carried out.

Order of appointment and measures to protect the employer from losses

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

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

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

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

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

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

An employee is hired by an educational institution on the basis of Art. 68 of the Labor Code of the Russian Federation, in connection with this, an order (instruction) is written for the institution. When hiring an employee, the employer is required to sign a written contract with him.

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

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

How to draw up such a document?

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

Document structure

The text should contain the following points:

Name of preschool educational institution or school.
Title: “Order on the appointment of financially responsible persons.”
Date and place of creation.
The presence of the word “I command”.
Text about appointing a specific employee as responsible.
Listing of property assigned to the bearer.
Full name and position of the person entrusted with control over the execution of this order.
Signature of the manager with a transcript, certified by a seal.
List of financially responsible employees familiarized with the order, indicating the position held, full name and date of familiarization.

The order must be drawn up according to the following scheme:

Details - name of the preschool educational institution or school, number and name of the order, place of creation.
Introductory part – reasons for creation, details.
The key part is the employee’s full name, his position, and a list of material assets entrusted to the employee.
Resolution - a statement of measures to ensure the integrity and safety of the entrusted property.
Date of signing, signatures of the director of the preschool educational institution or school and designated financially responsible persons.

When must an employee compensate for damage?

The employer may, if by his actions (inaction) he committed a violation of the rules contained in the order. The employer must familiarize the employee with all contracts and regulations within the prescribed period.

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

Limited and full compensation

Limited Compensation— its size is established in legal documents and most often it will not be higher than one average monthly salary of the employee.
Attention! The Labor Code of the Russian Federation does not clearly define the violations for which this type of penalty is imposed.
Most often, an employee will be subject to such compensation for:
- lack of funds;
- broken or destroyed material property due to employee negligence.
Full compensation damage to the person who hired the employee. This type of punishment may be imposed on an employee in the following cases:
- shortage of funds and material assets;
- causing damage to the employer as a result of the conscious actions of the employee or his conscious inaction;
- damage or complete destruction of property in the process of fulfilling obligations under an employment agreement, due to improper or careless handling;
- in other cases that were specified in the contract with the employee.

What are employees responsible for?

Heads of preschool educational institutions and schools bear financial responsibility for:

timely payment of wages to employees of the institution;
providing employees of the institution with safe and comfortable working conditions;
safety of material property and finances.

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

Laboratory assistants in school institutions must:

keep records of reagent consumption;
ensure the safety of equipment necessary for conducting experiments;
purchase materials necessary for work;
strictly observe the necessary technical safety rules when conducting experiments;
monitor the serviceability of technical equipment.

The librarian, in accordance with his duties as provided for in the employment contract, must:

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

The responsibilities of the housekeeper include:

issue the required textile products;
keep records of the clothes she has in her custody;
draw up acts for write-off;
Maintain and provide required documentation in a timely manner.

Attention! If a financially responsible employee goes on vacation, he is obliged to take an inventory and transfer the valuables entrusted to him to the boss to whom he is subordinate.

Grounds for recovery of damages

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

The employee will have to pay for the damage if at the time of the act he was under any kind of intoxication.
The employee caused damage while performing his professional duties.
Damage or destruction of valuables was a conscious act of the employee.
Identification of shortages during inventory.
Criminal act (for example, theft of valuables).
The employer's material property was damaged during non-working hours (if a subordinate, for example, took equipment home and it was damaged there).

Rules for concluding a contract

Material assets may be paid in addition to the employment contract.

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

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

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

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