Financial Responsibility Order. Order on full collective military order

An order on full financial liability is formed in cases where management has a need to assign the responsibility for preserving the property of the enterprise to subordinates.

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Types of full financial liability

There are two types of financial liability:

individual;
collective.

In the first case, it is transferred to one of the company’s employees personally, in the second, responsibility for inventory is borne by a group of employees (usually colleagues in a workshop, division or area).

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

The first step for the organization is to issue an order on full financial liability.
Then additional agreements to the employment contract (or collective agreement) are concluded with the employees in respect of whom it was issued.
Acts of inventory of the property entrusted to them are formed.

Based on these documents, when establishing facts of damage or loss of inventory items specified in the inventory report, the company management has every right to recover damages from those responsible.

Who draws up the order

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

In any case, regardless of who exactly will be involved in drawing up the order, after its final formation, this person must submit 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

To form an order there must always be a reason, or rather even two: reason and justification. They are present in all management orders.

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

What features does the order have?

If you need to draw up an order imposing full financial responsibility, first read our tips and look at 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 either by hand or typed on a computer, and the order can be drawn up on a simple sheet of any convenient format or on the organization’s letterhead.

When drawing up an order, you should meet only one important condition - it must be signed by the director of the enterprise (since all orders are written on his behalf) or by an employee who, in accordance with the established procedure, acts on behalf of the director. In addition, all 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 types of cliches 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, do not forget to include information about the document in the journal of administrative papers.

After the order on full financial liability has been created, signed, issued and accounted for, and all employees affected by it have read it, the form must be placed in a separate folder with other administrative documentation. The document should be kept in it for the entire period of validity, which is specified either in the document itself or is equal to one year from the date of drawing up the order.

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

Sample order for full financial 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”, indicate:

the name of your company;
name and number of the document with a short description of its meaning;
place (settlement) and date of its compilation;
justification for creating an order: for example, the impossibility of delimiting financial liability (if we are talking about a group of employees) or (in the case of assigning personal financial 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 financial liability;
indicate the structural unit in which the responsible persons are listed, their positions and full names;
after this, you need to instruct the HR department specialist to conclude either an additional agreement with these employees. agreement to the employment contract, or 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 should be signed.

Sample order on individual financial responsibility

Sample order on collective financial responsibility

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.

employees have reached the age of 18;
they directly service or use monetary, commodity values or other property;
lists of works and categories of such workers are provided for by Resolution of the Ministry of Labor dated December 31, 2002 No. 85.

It must be borne in mind that the conclusion of such agreements is the right, 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 financial liability agreements have not been concluded.

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

Order imposing financial liability: sample

We will provide a sample from 2017 for an order on the financial responsibility of an employee.

Order on full financial liability:

This order should not be confused with an order to bring to financial liability, a sample of which the employer also develops independently. Let us remind you that an order to hold an employee financially liable is a mandatory document on the basis of which damages not exceeding the employee’s average monthly earnings are recovered. Such an order must be issued no later than 1 month from the date of 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 financial responsibility in a separate article.

Material liability in the labor sphere applies to one or the other party to an employment contract, and this applies equally to both employees and employers. Responsible person among employees appointed by order issued by the head according to free form or sample.

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Legislative regulation

To fully understand the essence of the mat. responsibility, let's look at what it is - a financially responsible person?

Materially responsible persons (MRP)– employees who bear financial responsibility for the property of the enterprise entrusted to them. That is, in the event of damage to property, such employees will reimburse its cost.

Full financial responsibility (MO)(according to Chapter 39 of the Labor Code of the Russian Federation) occurs only when it comes to:

about authorized persons having financial liability imposed on them according to federal legislation initially;
O identifying shortages of valuables, which were entrusted to the employee under agreements or according to any one-time documents;
about an employee intentionally or while intoxicated property damage;
about illegal offenses, as a result of which employer's property was damaged;
about causing property damage as a result improper performance MOL, or complete failure to fulfill his direct duties;
about disclosure important and protected information.

MO is assigned to the employee by appropriate order.

For some positions from the very beginning the state imposes financial liability. These include the positions of senior officials at the enterprise: chief accountant, director of the enterprise, as well as all his deputies.

In this case, in accordance with Article 277 of the TK RF, The head of the organization must be responsible for any material and property damage if it was caused to his organization.

The condition of complete MO must be fixed a separate agreement(Labor Code of Russia) and is reflected as one of the necessary conditions. This is done so that the employer can subsequently be absolutely sure that he can legally recover from his subordinate an amount equivalent to the damage caused.

This process (appointment of MO persons) carried out in accordance with all requirements of the Min. labor, № 85 .

This document states who can be the financially responsible person. The list is key factor when concluding employment contracts with employees.

Order on the appointment of resp. persons carries out immediately two functions:

officially approves powers a specific official;
consolidates the list property of the enterprise accountable to this person.

At the same time, any there is no standardized form for this document, the template for the document on the appointment of the MOL is currently drawn up based on all existing employment contracts, agreements and agreements signed and carried out with this employee, and based on articles and 244 of the Federal Labor Code.

The form must contain the following information:

company name, its location and basic information about it;
registration number and date document;
Full name gene. directors an enterprise or other person who has the authority to issue orders and instructions;
brief indication purpose of issuing the order(preamble), also indicated reference to a legal act, on the basis of which it was issued (for example, the Labor Code);
essence of the order and signature enterprise manuals;
signatures of all employees who are affected by the order, which indicates that they are familiar with the document.

Sample order for the appointment of mat. responsible person:

Actions with the responsible person

Before hiring a person on staff, with him an agreement is signed oh mat. responsibility (although it may be signed later).

The process of changing or dismissing a MO at your own request is absolutely the same as for other employees. It is fully described in Chapter 13 of the Labor Code of the Russian Federation.

In accordance with the law, the employee must submit a letter of resignation in fourteen days. When this period expires, he will be given documents, and a cash settlement will also be made. According to the law, the dismissal procedure cannot last more than two weeks.

Inventory is a mandatory condition for an enterprise, in accordance with the requirement of the Ministry of Finance in order No. 119n. Wherein the document on material assets is transferred to the chief accountant of the enterprise, and if there are no complaints, then he signs.

Dismissal of a MOL without inventory is illegal!

Property of the enterprise of a resigning or replaced employee transfers to another employee, usually from the state, which is confirmed by a transfer act signed by the employees of the organization who participated in the inventory. After this, you can quit without any problems.

Example of an order to replace MOL:

Compensation for damage

If for some reason an MO employee causes damage to the property entrusted to him, which leads to specific monetary losses to the employer, then the latter has the right to seek compensation for this damage. The same applies to shortages if the employee works with values.

It is legal to hire an employee according to two types of responsibility: for limited and full:

Release from liability

The Labor Code stipulates situations when persons can be exempted from swearing. responsibilities:

Management releases the employee from the consequences of his actions due to his professional skills and experience.
Damage to property was caused, but it was not caused due to the direct actions of the employee, while he himself acted in accordance with instructions.
Damage to property was caused in order to to avoid even greater destruction/to save people in an emergency.

Legal practice shows that it is better not to bring the resolution of all formal and monetary issues of management with MOL to court, since due to the specifics of such cases, most of them lasts for whole years.

Order on financial responsibility of an employee - sample 2017 will be useful to any employer. We will tell you how to fill out such an order in this material.

Types of “material” orders

An order on the financial responsibility of an employee can be drawn up in different situations, and depending on this, its name will be specified.

For example, a company has suffered damage due to the actions of a member of the workforce. This fact has been proven and requires appropriate documentation. In such a case, the document may be called an “Order for the recovery of material damage” or an “Order for imposition of financial liability.”

Or another situation: the employer is concerned about the safety of the company’s property, but the specifics of the work performed by the workforce does not always make it possible to outline the scope of responsibility of each employee for causing damage to the company. In this case, you will also need to issue an order - it may be called “Order establishing collective financial responsibility.”

This material will help you understand the intricacies of collective responsibility. .

Thus, the set of “Orders on Liability”, which includes the above types of orders, is a necessary component of a set of local acts of the company, which are intended to formalize situations related to the financial liability of employees.

In the next section, we’ll look at what you should pay attention to when drawing up “material” orders, and we’ll tell you where you can see a ready-made sample order on the employee’s financial responsibility.

We issue a “material” order

To draw up an order, for example, to establish collective financial responsibility, the employer does not have enough desire - he will have to conclude an appropriate agreement with the work collective or part of it (team).

IMPORTANT! An agreement on collective financial liability is concluded in the event that a team performs work included in a special list (Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85), and it is impossible to establish for a specific member of the work collective the scale of his financial liability.

The “material” order and the specified agreement are mandatory elements in the chain of company activities to ensure the safety of property.

In the text, in addition to the usual details (company name and document title), you will need to indicate the reason for issuing the order - the impossibility of delineating responsibilities. Also, the order must contain information specifying the work collective (name composition of the team, full name of the foreman, name of the department, etc.).

The order is completed by the signature of the director of the company.

For a sample order establishing the brigade’s financial liability, see our website:

Results

An order on financial liability can be issued by the employer if it is necessary to recover material damage from an employee or in the event of establishing collective (team) liability.