Sample orders on employee financial responsibility

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:

1. The first step for the organization is to issue an order on full financial liability.
2. Then additional agreements to the employment contract (or collective agreement) are concluded with the employees in respect of whom it was issued.
3. 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.

Sample

Form of order for the appointment of financially responsible persons in MS Word format.

Sample:

Art Plus LLC ORDER

dated August 10, 2015 No. 5

On the appointment of financially responsible persons

In order to implement a system of accounting and safety of property and material assets listed on the balance sheet of Art Plus LLC, Moscow, on the basis of the Charter of Art Plus LLC

I ORDER:

1. Appoint persons financially responsible for accounting and safety of material assets, with whom written agreements on full individual financial responsibility are concluded:
   Ivanov Ivan Ivanovich, warehouse manager.
2. Petrov Petr Ivanovich, driver - forwarder.
3. Familiarize the employees with full financial responsibility with the order.
4. The HR department shall enter into an agreement on full individual financial liability with the persons specified in paragraph 1 of this Order.
5. Control over the implementation of the order is entrusted to the commercial director.

General Director Karpov A.G.

The following have been familiarized with the order:

Commercial Director Safin O.G. ________________(signature) __________(date)

Warehouse manager Ivanov I.I. ________________(signature) __________(date)

Driver – forwarder Petrov P.I. ________________(signature) __________(date)

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 (in terms of 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.

Order on approval of financially responsible persons

Let us recall that in general, an employee is liable for damage caused to the employer within the limits of his average monthly earnings (Article 241 of the Labor Code of the Russian Federation). To recover a larger amount you will have to go to court. If agreements on full individual or collective (team) financial liability have been concluded with employees, the full amount of material damage is subject to recovery without trial. It is important to remember that such contracts cannot be concluded with any employees, but only with those for whom the following conditions are met (Article 244 of the Labor Code of the Russian Federation):

• 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.

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.

1. 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.
2. 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.

Open document in gallery:

Document text:

In order to ensure the safety of material assets belonging to LLC "_________________________",

1. Approve the agreement on full individual financial liability in accordance with Appendix 1 to this order.

2. Approve the Regulations on the financial liability of employees of LLC “______________” and put it into effect on “__” _______ 20__.

3. Before “__” _____ 20__, carry out an inventory of inventory items.

4. (position, full name) ________________, before “__” ______20__, familiarize financially responsible persons with the current legislation of the Republic of Belarus on financial liability, as well as with the current instructions, standards and rules for the acceptance, accounting, storage, release, transportation of goods material assets.

5. The head of the HR department _________ until “___” _______ 20__ is familiarized with the Regulations on the financial liability of employees of LLC “__________” personally against the signature of all financially responsible persons.

6. The head of the HR department ________ until “___” _______ 20__ organize work on concluding agreements on full individual financial liability with the financially responsible persons of the organization, the list of which is given in Appendix 2 to this order.

7. Oblige the HR department, on the day of concluding an employment contract, to conclude agreements on full individual financial responsibility with persons applying for positions or performing work involving financial liability in the manner established by the Regulations on the financial liability of employees of LLC “___________”.

8. Entrust the chief accountant with _________ control over the movement of inventory and the activities of financially responsible persons of the organization.

9. Entrust (position, full name) _______________________________ with control over the execution of this order.

MINISTRY OF LABOR AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

dated December 31, 2002 N 85

On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial responsibility

1. Approve:

A list of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial responsibility for the shortage of entrusted property in accordance with Appendix No. 1;

Standard form of an agreement on full individual financial liability in accordance with Appendix No. 2;

A list of works during the performance of which full collective (team) financial liability may be introduced for the shortage of property entrusted to employees in accordance with Appendix No. 3; *1.4)

Standard form of an agreement on full collective (team) financial liability in accordance with Appendix No. 4.

Minister of Labor and Social Development of the Russian Federation A.P. Pochinok

Registered with the Ministry of Justice of the Russian Federation on February 3, 2003, registration N 4171

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.

Draw up the 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.

Who is appointed as the person responsible for the work at the site?

Depending on the scope of activity required, the appointment order may affect a wide group of persons. But most often the assigned responsibility is divided into several groups.

The most common are:

• personnel;
• material;
• for archives;
• for fire safety;
• for electrical safety;
• for labor protection.

The exact formulation of the scope of responsibility must be specified in the order, which must strictly comply with the Labor Code, GOSTs, Sanitary Regulations and other legislative norms.

Depending on the field of activity, the person responsible may be:

1. In personnel records management - an employee with a higher legal education, the head of an organization or his deputy.
2. When ensuring fire, electrical safety, labor protection or monitoring the performance of particularly dangerous work, only an employee who has a higher education in this field and has completed all the necessary additional training courses.
3. When distributing financial responsibility - any employee who confirms personal consent to perform this function.

The manager can choose only the financially responsible person at his own discretion or based on the personal qualities of the employee. In all other cases, the person in charge must be a certified specialist, ideally with at least three years of work experience in a similar position. Those responsible for labor protection and fire safety at the facility can be combined into a separate service, which is an independent structural unit in the enterprise.

In small companies or on the staff of an individual entrepreneur, the manager or individual entrepreneur himself can become responsible for all the above areas at the facility, but he will have to take special courses and receive certificates - in case of monitoring the implementation of labor protection rules or any type of man-made protection.

We recommend reading how to issue an order to appoint a person in charge:

• for labor protection at the enterprise;
• for fire safety;
• for electrical equipment.

How to issue an appointment order?

In general, an order is created to implement a number of goals.

The most significant among them are:

• fixing the scope of authority for a certain employee when performing any work at the site;
• regulation of the degree of responsibility in case of detection of violations;
• ensuring control over work at the site.

The order to appoint a financially responsible person is subject to special rules. You must first conclude an agreement with the employee and obtain consent from the employee to fulfill such obligations. Financial responsibility can be assigned to the entire team - then each employee must read the order and certify his consent with a personal signature.

When issuing an order about the person responsible for carrying out work at a facility, it is necessary to use standard forms, which can be found on the Roskomnadzor website or in large databases, for example Consultant.plus; you can also develop an order form yourself. Depending on the type of activity, you should choose a standard form, listing all the persons involved in it.

In general, the structure of the document for appointing persons responsible for the execution of work should contain the following points:

• full name of the organization;
• date, city of drawing up the order and its number;
• document's name;
• the main part is the reason for which the order is created (for example, “for the purpose of carrying out work at a construction site”);
• list of responsible persons indicating positions and full names;
• signatures of the director and familiarized employees.

It is necessary to register all workers: those who will be responsible for the execution of work, who must train the “newcomers” and bring them up to date, who will carry out the work during the absence of those in charge, and who will ultimately monitor the implementation of the order.

The order signed by the manager is considered to have entered into force and must be entered into a special journal in the personnel department of the enterprise.

As primary documentation, this journal must be stored for at least 5 years. This log can be used by any government inspectorate to conduct investigations or regular inspections of the employer and team. It also helps generate reporting.

Sample order for appointing someone responsible for the work.

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

General provisions

The grounds, types and methods of formalizing financial liability are regulated in detail in Chapters 37 and 39 of the Labor Code of the Russian Federation. It is introduced at enterprises for employees who are in one way or another entrusted with the material assets and property of the employer (making and accepting payments, storing property, etc.).

In accordance with accounting rules, in the department where financial liability is introduced, an inventory of all accountable property must be made. Only after this is it transferred to the employee along with a completed inventory report, so that shortages can subsequently be identified. This document may subsequently become the basis for involvement in the Ministry of Defense in the event of financial losses due to the fault of the responsible employee.

Thus, two types of orders can be distinguished:

1. On the appointment of a materially responsible person or group of persons (you can download a sample order on the financial responsibility of an employee in the appendix to the article).
2. On bringing to financial responsibility.

In order for an employee to be fully responsible for the company’s property entrusted to him, one order is not enough; it is necessary to conclude an agreement with him on full financial responsibility. Article 244 of the Labor Code of the Russian Federation establishes the following grounds for drawing up such a document:

• the employee is officially on the staff;
• he is an adult;
• by virtue of his position, material resources or funds are accountable to him.

At the same time, for those who occupy senior positions (chief accountant, deputy), financial responsibility is usually provided for in the employment contract (Article 243 of the Labor Code of the Russian Federation). The list of positions with whose representatives it is possible to conclude agreements on financial liability for shortages of entrusted property is given in Appendix No. 1 to Resolution of the Ministry of Labor No. 85 dated December 31, 2002.