Definition
A financially responsible person is an employee who is entrusted with material assets and is fully responsible for them.
Financial liability is regulated by Chapters 37, 39 of the Labor Code of the Russian Federation. The list of financially responsible persons under the Labor Code is established by Art. 244, art. 277.
It must be said that all employees are responsible for damage and loss of the organization’s property within the framework of the average monthly salary; such responsibility is partial. The average salary is calculated based on wages for the previous 12 months.
Otherwise, the financially responsible person is responsible for the obligations. Such responsibility is imposed on the team (team) or personally. Team responsibility is introduced when its members carry out activities together, and it is not possible to isolate the share of participation of each. To avoid team responsibility, a person will have to prove his own innocence with evidence.
If the financially responsible person goes on vacation or resigns, a complete inventory of the property entrusted to him is carried out (Part 3 of Article 11 402-FZ of December 6, 2011).
Financial responsibility at school
By studying the topics “Civil Law”, “Subjects of Civil Legal Relations”, becoming familiar with such concepts as “civil legal capacity”, “civil capacity”, “full legal capacity” within the subject “Law”, the student can directly encounter situations that he can resolve will be able to partly with the help of a certain amount of legal knowledge.
A child accidentally broke the glass of a cabinet in his school office, should parents pay for glass replacement?
Probably yes. However, the following circumstances must be taken into account. In accordance with clause 5, part 1, art.
43 of the Federal Law “On Education in the Russian Federation”, students must treat with care the property of the organization carrying out educational activities. This rule applies to all categories of students specified in Art. 33 of this Federal Law - pupils, pupils, students, etc.
At the same time, issues of civil liability for damage caused to the organization’s property, as well as issues of compensation for this harm, are regulated by the provisions of civil law. According to the general rules of Art. 1064 of the Civil Code of the Russian Federation, responsibility for causing harm lies with the person who caused the harm, unless he proves the absence of his guilt. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.
In some cases, compensation for harm is allowed even in the absence of the fault of the harm-doer. Special rules are established in relation to liability for harm caused by minors.
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Appointment of financially responsible persons
For the director, liability is provided in full.
The deputy director and chief accountant are appointed responsible; if this does not happen, they bear the same responsibility as other employees of the enterprise. To do this, it is enough to include such a condition in the employment contract.
The full responsibility of the employee or team is established by the agreement on the basis of which the order is prepared. The team responsibility agreement is signed by the manager and all team members.
Mandatory conditions for concluding an agreement are:
- the worker has reached the age of majority;
- performing work is impossible without maintenance and use of material assets.
Responsibility in a budgetary institution is characterized by the lack of circulation of money and valuable assets. There are no positions related to such activities.
- Questions you should and should not ask an employer during an interview
The contract is allowed to be signed with workers in positions or engaged in work specified in Resolution of the Ministry of Labor and Social Development dated December 31, 2002 No. 85.
To avoid contradictions when applying to judicial authorities, the nuances of financial liability should be clarified; they should be contained in the job description. The law does not establish such a requirement.
Financial liability in educational institutions
Material liability of employees is one of the means of protecting forms of ownership, since it represents the legal obligation of the employee who culpably caused the damage to compensate it in the amount established by law.
Therefore, all employees who have an employment relationship with an educational institution bear financial responsibility. The most important regulatory document regulating the application of financial liability to employees of educational institutions is the Labor Code, which came into force on February 1, 2002.
The procedure for applying material liability to employees is regulated by Chapter XI of the Labor Code of the Russian Federation. Art. 232 and 233 of the Labor Code of the Russian Federation establish the conditions for the occurrence of material liability, which must be followed in each specific situation related to the identification of the person guilty of causing damage to the organization, the amount and procedure for its compensation.
According to Art. 233, financial liability for damage caused to an educational institution in the performance of labor duties as a result of culpable unlawful behavior (action or inaction) is assigned to the employee who caused the damage.
Hiring is carried out in accordance with Art. 68 of the Labor Code of the Russian Federation by order (instruction) of the administration of the educational institution. In this case, an employment contract must be concluded in writing. However, actual admission to work is considered the conclusion of an employment contract, regardless of whether the hiring was properly formalized.
Responsibilities
Responsible persons of the organization must:
- protect the organization’s property and prevent its damage;
- promptly inform management about the threat of damage;
- keep records of values and compile reports;
- participate in checking the availability of property and its condition.
In this case, the administration must:
- provide the required environment for employee work and property preservation;
- familiarize the employee with laws, regulations, other documents relating to liability, local acts;
- check the availability of property and its condition.
Teacher's financial responsibility
IN.
Lukhovitsky Questions from teachers 1. An inventory is being taken at our school. By order of the director, the supply manager told all subject teachers to make lists of the visual aids, furniture, equipment, etc. available in their classrooms.
Everyone was forced to sign these lists, and now we are told that we all bear full financial responsibility for the safety of school property. Are these actions of the administration legal?
2. Last academic year I became the head of the computer science classroom, and already in the winter I realized that I had made a big mistake. Computers break down, and they force me to pay for their repairs at my own expense, because I, as the head of the office, bear full financial responsibility for everything in it.
What should I do? 3. Can a chemistry teacher be a financially responsible person if he simultaneously works part-time as a laboratory assistant in a chemistry lab? 4. Is it legal for the administration of educational institutions to demand full financial responsibility of the teacher, the head of the computer science classroom, for all computer equipment not only in the classroom, but also in the school? I wonder if there is any judicial practice of recovering the full cost of a stolen computer class or computer from a teacher?
5. Does the school administration have the right to demand money for a “damaged” class magazine? Review of legislation On two types of liability:
“liability for direct actual damage caused to the employer”
and “full financial responsibility” is discussed in Articles 238-248 of the Labor Code of the Russian Federation.
Who bears full responsibility
The worker is liable in full if:
- he is given full responsibility;
- a shortage of valuables was discovered, the administration drew up a document according to which the worker received these valuables;
- harm was caused with intent, while in a state of intoxication, as a result of the use of alcohol, toxic, narcotic substances, property was damaged or lost as a result of a crime, administrative violation;
- information has been disclosed, the non-disclosure of which is protected by law;
- the worker did not fulfill his duties.
Those who have not reached the age of majority bear full responsibility in the third case listed above.
Financial responsibility in the education system
Contents Educational management To the head of an educational institution Financial responsibility... A.B.
Bethlehemsky, Ph.D. , Director of the Center for Economics of Education, Vice-Rector of the Nizhny Novgorod Institute for Educational Development Financial liability of employees of educational institutions In the activities of educational institutions, the question of financial responsibility of employees often arises. It is known that the regulatory framework for the material liability of workers has been established for a long time.
Meanwhile, when faced with such cases, the head and accountant of an educational institution do not always clearly understand in what cases the employee bears financial responsibility, what is the procedure for assigning it, how to determine the amount of damage caused, etc.
Appendix to the Order of the Ministry of Health and Social Development of the Russian Federation dated August 14, 2009.
No. 593. [7] Here we do not consider three cases when any employee, by law, bears full financial responsibility: if a “shortage of valuables received under a one-time document” is discovered (for example, for organizing a summer camp, trip, etc.), if damage caused intentionally, or while under the influence of alcohol, drugs, or as a result of criminal actions of an employee established by a court verdict.
Statement of claim for recovery of damage caused during the performance of labor duties "" 20 _ year between the person (name of the educational institution) and the defendant (full name, year of birth) an employment contract was concluded for employment in a position with a salary of rubles.
When an employee is released from liability
If the damage occurred due to:
- floods, hurricanes, earthquakes, other natural disasters, military actions;
- when there is a threat to the life of an employee, other citizens, or the state, and it was impossible to eliminate this danger in a different way;
- defense, if such defense was necessary;
- natural risk, when tasks cannot be performed in any other way, the worker acted in accordance with the experience and knowledge accumulated by society, performed duties as required;
- management did not create the required storage conditions.
Rights
There are MOL rights that not only protect them, but also allow them to carry out their direct work. Namely, employees have the right to:
- Participate in the discussion and resolution of issues regarding the implementation of the financial liability agreement;
- Demand that the employer or immediate superior create conditions for the fulfillment of duties to ensure the safety of entrusted valuables, ask for unscheduled inspections, audits, and inventories;
- Get acquainted with and make agreed adjustments to reports on balances, movement of MC and inspection results;
- Be directly involved in the acceptance and processing of items for which they need to be responsible;
- Demand that the employer or immediate supervisor remove from work employees who interfere with the fulfillment of the financial liability agreement.
A detailed list of rights is reflected in contracts and job descriptions and should not contradict the law.
Recovery of damages
Management has the right to claim damages from the employee; claiming lost income is prohibited by the legislator. The amount of damage is calculated based on average market prices, but not less than the value indicated in the documents, taking into account wear and tear. The legislator may provide another way to determine damage. The need to prove the extent of the damage lies with the person to whom it was caused.
- Conditions and procedure for changing the terms of an employment contract
There are four ways out of the situation depending on the circumstances.
- Management has the right to forgive the damage in full, part of it. The owner has the right to impose restrictions. The decision may be influenced by: the amount of damage, the degree of guilt of the worker, his or her reaching the age of majority, the existence of an agreement on full liability. The right not to be used in favor of some, to the detriment of others.
- When the damage does not reach the average monthly salary, compensation is deducted by order of management. This must be done within a month after the damage was determined.
- When the time has expired, the worker refuses to compensate for damage that is more than the average monthly salary; compensation can only be obtained through the court.
- The employee has the right to offer compensation, either partial or full.
The administration has the right to provide an installment plan: the culprit undertakes in writing to compensate for the damage, and a payment schedule is drawn up. If someone who undertakes to compensate for the damage, but refuses, is fired, then it will be possible to recover only through the court.
With the consent of the administration, the employee compensates for the damage with his property and repairs what is broken.
Financial responsibility in educational institutions book
According to the List of Works, the employer can enter into written agreements on full financial liability for shortages of entrusted property with specialists who carry out work on receiving for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, branches, sites, other organizations and divisions. The work specified in the List can be performed by employees who do not hold any specific positions. The main thing in this case is the nature of the work performed.
directly related to the storage, processing, sale, transportation or use in the production process of the valuables entrusted to the employee.” Info Can a chemistry teacher be a financially responsible person if he simultaneously works part-time as a laboratory assistant in a chemistry lab?
4. Is it legal for the administration of educational institutions to demand full financial responsibility of the teacher, the head of the computer science classroom, for all computer equipment not only in the classroom, but also in the school? I wonder if there is any judicial practice of recovering the full cost of a stolen computer class or computer from a teacher?
5. Important Does the school administration have the right to demand money for a “damaged” class magazine?
Review of legislation On two types of liability:
“liability for direct actual damage caused to the employer”
and “full financial responsibility” is discussed in Articles 238-248 of the Labor Code of the Russian Federation.
List of materially responsible positions
The list of positions is as follows:
- cashiers, controllers;
- everyone working with deposits, bank cards and discount cards; carrying out expert assessment of banknotes and securities; involved in the circulation of money, securities and precious metals; servicing ATMs and clients who place valuables in vaults; collecting and transporting cash and other valuables; cash register attendants; forming and counting cash;
- employees of all levels of management of trade, food and service enterprises, and the hotel sector;
- management personnel in organizations engaged in the construction of buildings and structures, installation production;
- management staff of warehouses, pawnshops, storage rooms, supply managers, commandants, wardrobe maids, storekeepers;
- senior nurses of medical organizations;
- agents involved in procurement, delivery, forwarders;
- heads of pharmaceutical organizations, pharmacists, technologists and pharmacists;
- laboratory assistants, methodologists at universities, heads of libraries.
Financial responsibility of the school
- Is the head of the school's facilities financially responsible for textbooks?
- Can the deputy director of administrative affairs at a school be a financially responsible person?
- Does the school director have the right to make the husband financially responsible?
- Is the head of the school's facilities a financially responsible person?
- Can a school director be a financially responsible person?
- Is it possible to conclude an agreement on full financial responsibility with the school caretaker?
If it is difficult for you to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is it possible to conclude an agreement on full financial responsibility with the school manager. 1.1. Hello. Yes. It is possible and necessary.
Read Appendix 1 of the Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85. There, in the third paragraph, there is a list of positions, which includes the supply manager. 2. Does the school director have the right to take the husband as a financially responsible person.
2.1. No, the husband has nothing to do with the financial responsibility of the school. 3. Can the deputy director for administrative affairs at a school be a financially responsible person? 3.1. Hello. Yes 4. Can the school director be the financially responsible person?
4.1. Of course it can 5. Is the head of the school’s housekeeping a financially responsible person? 5.1.
Features of drawing up a job description
Due to the variety of positions that may be assigned financial responsibility, the job description is drawn up individually for each employee and reflects the full specifics of the job. It specifies specific actions, special responsibilities, and the boundaries of responsibility of each of these employees.
Thus, a person’s job description contains:
- Qualification requirements – age, work experience, education, experience, presence of any special training;
- List of laws, orders, instructions of the head of the organization. Forms and methods of accounting (not only specific - for a specific position, but also, for example, accounting). An employee must know them in order to carry out his activities.
- Rules for the operation of equipment, units, etc.;
- Safety regulations;
- Action plan in the event of a threat of loss or damage to valuable property;
- A list of specific employee actions when working with values.
General concepts and abbreviations should not be introduced into the text of the document.
I would also like to say that the job description is obscene. responsible employee - whose document, in principle, does not exist, because due the instructions relate to a specific position, and everyone’s clauses in the contract will be different. An example of one of them (not the most standard) is below:
Sample job description of the person financially responsible for organizing the operation of elevators.
Briefing
Along with job descriptions, employee instruction plays an important role.
It can be carried out at a certain frequency established by the employer, and is required for the rational distribution of workers’ time and the development and improvement of skills.
It can be carried out both in writing and orally. During the briefing, innovations and changes related to the activities of employees are reported.
But at the same time, the briefing procedure is not mandatory, since it performs functions similar to the job description.
