Regulations on the material responsibility of workers. Determination of the amount of damage subject to

26.09.2019

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Regulations on the material responsibility of employees - Sample 2017 we give in our material - you need any company wishing to protect your property from the negligence of workers, as well as abuses on their part. With its preparation, it is necessary to take into account all existing norms of legislation in this area.

The legal foundations of the creation and tasks that are put in development

In order to ensure uniformity, unification of procedures related to the coordination of the interests of the participants in the employment contract in terms of protection against the loss of estimates of the employer, companies are encouraged to create a specialized provision on liability. This is an internal document of the Organization, which describes all the nuances of imposing obligations to maintain the safety of property to the employee, as well as the permissible methods of compensation of losses admitted by its fault.

Some unified forms provisions on the material responsibility of employeesit is not provided, there is no mandatory requirements for those items that must necessarily be reflected in it. The structure and content of such a document of the company is determined independently, based on their organizational, production features. With it, two important tasks are solved:

the procedure for applying responsibility for entrusted to the employee of value is enshrined;
the contradictions are eliminated, the likelihood of conflicts is reduced upon recovery from the amount of damage.

An alternative approach may be the inclusion of all the items described in other local acts with the refusal to create a separate position on this issue. As such, they act: a collective agreement, the rules of the internal labor regulation, an additional agreement for each employment contract.

The legislative basis for the formation of a local act on material liability is:

TK RF - in terms of a special section reflecting the procedure for use in which approaches to the assessment of damage, the mechanism of compensation, the possibilities of accounting for the facts mitigating the employee's guilt, or completely removing it.
RESOLUTION OF THE MINDRUD OF RUSSIA "On approval of posts and works ..." of December 31, 2002 No. 85 (hereinafter referred to An indication of the standard list of sections and issues covered in them.

Restrictions in bringing to full responsibility established by Resolution No. 85

This regulatory act involves some restrictions for employers in terms of applied full material liability.

For registration of contracts with an employee, it is desirable to use a form in this position, taking into account all the conditions specified in it, the sequence of presentation and placement of details.

In addition to the list of professions, for which the use of full responsibility is possible, it is also necessary to take into account the description of the work, where this resolution is allowed to use. On how carefully the employer is reacted to the conditions and restrictions contained in this regulatory document, the minimization of subsequent risks in situations is largely depends when it is necessary to obtain compensation for damage to the property status. Serious study of the mechanisms for assessing the actual damage is still at the stage of concluding a contract will show an employee of the amount of possible risks and the seriousness of the intent of the organization in the field of protecting their material interests. That is why when making a contract, it is necessary to show maximum attention to all details.

IMPORTANT! Companies are forbidden to enter into contracts for full material liability with persons, positions and work of which are not named in Resolution No. 85. If this will still be done, the rights of the employee will be violated and to get damages on it is unlikely to succeed.

To prevent various errors, the list of positions of the standard schedule should be approved in advance, for which the conclusion of agreements on grant liability, and strictly adhere to it in their work.

Specific points requiring reflections in the material responsibility

The existing legislation binds the occurrence of an obligation to reimburse the damage incurred by the Company not only with persons named in Resolution No. 85. In certain circumstances, any employee will be obliged to compensate for the employer of loss, in the fault of which they were formed, even in the absence of a separate property responsibility agreement. However, a list of such cases is pretty limited.

The provision on the material responsibility of employees should take into account this feature, which is implemented under the following conditions on the basis of Art. 243 TK RF:

values \u200b\u200bare damaged by the face of intentionally;
material harm was caused due to the finding of an employee under the influence of alcohol or narcotic, toxic substances;
the loss of property occurred as a result of the criminal actions of the employee, which was confirmed by the verdict of the court or an administrative violation established by government agencies;
damage, loss, theft of assets is committed as a result of their use by an employee for personal needs;
the company's loss arose as a result of the transfer by the employee to third parties of information constituting the commercial or other secretly protected by law.

At the last point of the list of a legal entity may arise difficulties in obtaining compensation. This is due to the fact that most of the losses in leakage of strategically important information, for example, to competitors, is the form of missed benefits. And its coverage at the expense of the guilty person of the Labor Code of the Russian Federation is not provided in any of the articles, moreover, it is indicated that it does not fall under the Treaty of Material Responsibility.

In order to reduce the risk of such losses, with an employee who has access to closed information is a separate non-disclosure agreement that make up a commercial secret. This will become another formal reason for attracting the facial condition violating its responsibility, including material. Nevertheless, it will not be possible to compensate for the incomplete resulting as a result of the income, since labor relations are not subject to the provisions of Art. 139 of the Civil Code of the Russian Federation on full coverage of losses arising in such a situation.

The influence of the age of the employee on the procedure for collecting damage

Due to the fact that there are some features of the imposition of a materialization of a material nature on persons who have not reached the age of majority, it is important to account for this circumstance in the formation of the provision on the material responsibility of workers. Employees under the age of 18 must constantly be on a special control of the employer.

IMPORTANT! With minors it is forbidden to conclude contracts of liability, as well as require them to cover caused material damage.

The TK RF directly indicates that only employees who have reached 18 years have to sign agreements on material responsibility, in the event that their job responsibilities are directly related to the maintenance of material or cash.

At the same time, the law takes into account the interests of companies, assuming in Art. 242 TK RF reservation to the above provisions, which is applied depending on the state in which a minor worker made a violation. In particular, it provides an exception to the general rule if the teenager is theft, damage, damage in a state of intoxicating (alcohol, drug, toxic) or due to criminal actions proven in court. In the cases listed, despite age, the employee is obliged to refund losses in the full amount, if it is accurately established that they occurred by its fault.

The difficulties of obtaining compensation of losses from the employee

By constituting the provision on material responsibility, the company must clearly register in it the conditions under which the organization may apply to an employee for reimbursement of the violation of the official damage instruction. However, to implement his right to the employer will have to:

clearly establish the guilt of the face in harming the property of the company, and there must be a documentary confirmation of this fact;
estimate the actual value of losses or the amount that will have to spend on the restoration of spoiled objects;
use to determine the final amount of the market value of losses at the time of identifying the damage arising, while it should be no lower than the residual accounting value of damaged, abducted property minus natural decrease;
do not make claims to an employee if the actual shortage or damage is not detected.

IT SHOULD BE NOTED! If the values \u200b\u200bwere kept in places that are not properly equipped to ensure their safety and integrity, the employee must be released from liability for possible embezzlement or damage.

What needs to be taken to claim with an employee of compensation for damage?

In addition to the general questions and descriptions of the procedure for entering into a material liability agreement, it is necessary to provide a phased procedure for the recovery of reimbursement of losses from an employee. This procedure implies a list of actions that the organization must be made to cover the losses incurred at the expense of the guilty employee. At the same time, they all necessarily should be based on the norms of current legislation.

First step - inventory

Before talking about the need to cover losses, you need to establish the fact of their presence. To do this, the company hosts an inventory that determines the shortage in places of storage or in the improper state of property. At the same time, in the process of its holding, a documentary design of identified losses is carried out.

Before the beginning of the inventory, the order of the head of its holding is obligatory.

Recalculation and primary comparison with accounting data is carried out in inventory inventory, and the execution of the results is in the accurate statement.

Step second - study of the circumstances of damage

After identifying the fact of losses, the reasons due to which these losses arose were comprehensively studied. This creates a special working group of employees who conduct an investigation into all the circumstances of the case, its composition is approved by the order of the head.

From the employee, on the fact of the incident, it is necessary to require a written explanation that it is obliged to grant the expiration of 2 days. If the explanations were not received, a formal act is drawn up, in which the fact of refusal from the country of explanation is recorded, which should also be issued by the Commission.

The data received from the employee should be adopted by the Commission note when making a decision on employee involvement in the shortage of the shortage. When involving a detected violation, the abuse of a group of employees finds out the proportion of the influence of each of them for the scope of the shortcoming shortage.

Step Three - Determination of the size of losses in monetary terms

At this stage, the company's accounting should figure out the market assessment of the lost, spoiled, abducted property. At the same time, the current prices of such objects are required, the residual value of the estimated property on accounting data.

Step fourth - design package of documents for damage to recovery

The results of the service proceedings conducted are public information and an employee or a person acting in its interests should be available. Do not allow an employee to explore, analyzing the given data, documents on the investigation conducted for the subsequent challenge of the conclusions of the Commission, the company has no right. The duration of the final part of the procedure is largely determined by whether the organization arises from the organization the need to contact the court to claim loss compensation.

If the amount of damage does not exceed the average monthly salary of the perpetrator, to keep this amount can without contacting the court on its own. To do this, it is enough to publish an order for the signature of the head. However, the implementation of this action of the company is allocated only one month from the date of determining the final amount of the incurred loss at current prices.

Also between the employer and the employee, an agreement can be reached on the gradual repayment of parts formed as a result of the employee's debt to the company. At the same time, the employee must write a statement in which he voluntarily undertakes to repay the amount of shortage in a strictly agreed period specified in size.

If you have failed to agree with the employee and it is in every way evade a voluntary reimbursement, the employer has the right to submit a lawsuit on the forced repayment of damage.

All listed steps must necessarily find their reflection in the text of the provision of the material responsibility of employees in a particular embodiment. One of the samples of the specified position is shown below the link on the site by clicking on which you can familiarize yourself with it.

Losses caused by the Firm as a result of the (inaction) of the employee are subject to refund. In addition to the conclusion of a material liability agreement, the company will have to make a certain list of steps to obtain compensation of incurred losses. This is: Conducting an inventory, the organization of the Commission to investigate and study all the circumstances of the offense, the assessment of valid damage, the design of the final package of documents. At the same time, minor damage within the average earnings worker can compensate immediately. Otherwise, if an employee disagrees to pay offering an obligations, the company will have to go to court.

A description of all procedures related to the implementation of its right to compensate for the fault of the employee of damages, the employer must include in the Regulations on Liability. If it is presented, the company will be much easier to prove its position in court, and employees will better represent that they will be threatened when performing unlawful actions, negligence or insufficient care.

In this regard, the presence of such an internal document in the company is extremely desirable, and it is necessary to draw up with its maximum responsibility. At the same time, the provisions of this document can be combined with other local acts, for example, by a collective agreement or internal regulations.

"Personnel. Personnel office work", 2008, N 2

Approve

CEO

LLC "Company" Raduga "

2008

I.I. Ivanov

Material Liability Regulations

Article 1. General

1.1. This Regulation on Materially Responsible Persons (hereinafter - the Regulation) determines the concept of materially responsible persons LLC Raduga (hereinafter referred to as the Company), their rights, duties and responsibilities, the conditions for the onset of material responsibility, the procedure for determining the amount of damage and compensation It establishes the form of a contract for full individual material liability in accordance with Appendix No. 1 and the form of a total collective material liability agreement according to Appendix N 2.

1.2. The situation refers to the number of local regulatory acts of the company and was developed in accordance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation (Federal Law of December 30, 2001 N 197-FZ), other federal laws, decisions of the President of the Russian Federation; Resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive authorities; Acts of local governments, local regulatory acts of the company, regulating labor and other directly related relations.

1.3. Under financially responsible persons, in the sense of these Regulations, persons who have entered into an employment contract with the company (hereinafter referred to as employees) and carrying full material responsibility for the lack of property entrusted to them in accordance with these Regulations and the legislation of the Russian Federation.

1.4. The position does not apply to the following persons:

Members of the Company's Board of Directors (with the exception of persons who have entered into an employment contract);

Citizens working in the company under civil law agreements (in a row, agency, commissioning, work or provision of services, etc.).

1.5. The situation applies to the labor relations of foreign citizens, stateless persons who have entered into an employment contract with the company, unless otherwise provided by federal laws or international treaties of the Russian Federation.

1.6. The situation (new editors of the Regulation) is approved, changes and is canceled by the decision of the Company's general director on the basis of the issued order of the main activity.

1.7. A change in the situation can be made and (or) additions by adopting a new version of the Regulation.

1.8. The position does not have the inverse force and applies to legal relations arising after its introduction.

1.9. The regular place of storage is the company's office.

Article 2. Concept and types of material

responsibility workers

2.1. The material responsibility of the employee in the sense of this Regulation is the responsibility of the employee to be responsible to the company for the provision of guilty illegal behavior (actions or inaction), which resulted in damage to the company's property, and compensate this damage in the prescribed manner.

2.2. The company provides for two types of material responsibility of workers: limited and complete.

2.1.1. Limited liability.

With limited liability for damage caused, the employee is responsible within its average monthly earnings. At the same time, the average monthly earnings is determined on the day of the detection of damage and is calculated for the 12 last months of the work of the person who caused the damage.

2.1.2. Full material responsibility.

The full material responsibility of the employee is his obligation to reimburse the company caused direct valid damage in full.

Material responsibility in the full amount of damage caused to the employee in the following cases:

Shortage of values \u200b\u200bentrusted to him on the basis of a special written contract or obtained by him by one-time document;

Intentional causing damage;

Causing damage in a state of alcoholic, narcotic or other toxic intoxication;

Causing damage as a result of criminal actions of an employee established by the court sentence;

Causing damage as a result of an administrative offense, if so is established by the corresponding state body;

Disclosure of information constituting the secret protected by law (state, official, commercial or other), in cases provided for by federal laws;

Causing damage to malfunction of employment duties.

2.3. Full material responsibility can be individual and collective.

2.3.1. If the fulfillment of the maintenance of material values \u200b\u200bof the company is its main labor function for the employee, a full material responsibility agreement should be concluded with it, the refusal to conclude such a contract without good reasons is considered as a non-execution by the employee of its employment duties.

The individual form of complete material responsibility is established only if the following conditions are simultaneously:

Material values \u200b\u200bare awarded a report to a specific employee, and it is responsible for their preservation;

An employee is provided with a separate isolated placement or place for storing material values \u200b\u200band provided conditions for proper fulfillment of duties;

The worker independently reports to the accounting of the organization for the adoption of them for values.

The contract is signed with the appointment of an employee for the relevant position. Order or indication in the employment contract for the fact that the employee carries full material responsibility, do not replace the relevant written contract. Such an agreement is additional in relation to the employment contract with this employee. The contract for full material responsibility is drawn up in two copies. The first is located in the personnel department of the company, and the second - the employee. The agreement on full material responsibility comes into force on the date of its signing and is valid during the entire period of work with the material values \u200b\u200bentrusted to the employee. The urgent contract for full material responsibility can be concluded with the employee who replaces the materially responsible person during his holidays, disease, business trips, but with a mandatory bilateral procedure for transferring material values \u200b\u200bfor this period.

2.3.2. With the joint execution by employees of certain types of work related to storage, processing, sales (release), transportation, use or other use of values \u200b\u200btransferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him to reimburse damage in full, The collective (brigade) material responsibility is introduced.

A written agreement on collective (brigade) material responsibility for causing damage is between the company and all members of the team (brigades).

According to the collective (brigade) agreement, the value of the value is entrusted to the pre-established group of persons to which the full material responsibility for their shortage is assigned. For liberation from material responsibility, a member of the team (brigades) should prove the lack of guilt.

With voluntary damages, the degree of guilt of each member of the team (brigades) is determined by agreement between all members of the team (brigades) and the company.

2.4. Written agreements on full individual or collective (brigade) material liability, that is, the company's compensation for damage to the full amount for the lack of entrusted to employees of the property is concluded with employees who have reached the age of 18 years and directly serving or using monetary, commodity values \u200b\u200bor other property.

2.5. Employees under the age of 18 carry full material responsibility for intentional causing damage, for damage caused in a state of alcohol, narcotic or other toxic intoxication, as well as damage caused as a result of a crime or administrative misconduct.

Article 3. The conditions for the onset of liability

3.1. Material responsibility assigned to the employee in the case when the following conditions are simultaneously available:

Applying a direct valid damage company;

Anti-worker's behavior;

The existence of a causal relationship between illegal actions (inaction) of the employee and the damage arising;

The presence of fault of the employee.

3.2. The employee is obliged to refund the direct valid damage caused by the company under which the real decrease in the company's cash property or the deterioration of the specified property (including the property of third-party property, if he is responsible for the safety of this property), as well as the need for the company to produce Costs or unnecessary payments for the acquisition or restoration of property or to reimburse damage caused by the employee to third parties.

Damage to the employee to third parties are understood to be all amounts that are paid by the company to third parties on damages.

Recovery from employees of those income that the company could get, but did not receive due to the wrong actions (inaction) of the employee, is not allowed.

3.3. The unlawful behavior of the employee is such behavior when he does not fulfill or inappropriately executes his labor duties. If the employee's employment duties are not enshrined in the employment contract, job descriptions, other internal regulatory documents of the company, the unlawful is the behavior of the employee, explicitly contrary to the interests of the company.

The illegal behavior can be expressed in the form of action and inaction. The unlawful inaction takes place when the employee had the opportunity to prevent damage (embarrassment, marriage), but he did not undertake necessary for this action.

3.4. The presence of a causal connection between the unlawful actions (inaction) of the employee and the coming material damage is a prerequisite for the onset of the employee's material responsibility.

The presence of any form of guilt is the basis for attracting an employee to material responsibility, while the damage is caused by intentional actions of the employee, complete material responsibility comes.

The company is obliged to prove the guilt of the employee, as well as the presence of other conditions for liability. The principle of the presumption of guilt is used to materially responsible persons: in case of the insecurity of the safety of the inventory values \u200b\u200btransferred to them, the obligation to evincible that the loss or damage occurred not by their fault lies on them.

3.5. The material responsibility of the employee is excluded in cases of damage due to irresistible forces, normal economic risks, the immediate necessity or the necessary defense or non-fulfillment of the obligation to ensure appropriate conditions for the storage of property entrusted to the employee.

Also, the circumstance exempting an employee from material responsibility due to the lack of illegal behavior is the fulfillment of the requirement (order, orders) of the Company's management, the head of the unit or the immediate supervisor to take action leading to material damage.

Article 4. Determining the amount of damage subject to

reimbursement and the procedure for its compensation

4.1. The amount of damage caused to the company in the loss and damage is determined by the actual losses calculated on the basis of market prices operating in this area on the day of causing damage, but not lower than the value of the property according to accounting data, taking into account the degree of wear of this property. The amount of damage should be confirmed by the necessary documents (inventory acts, defective statement, etc.).

The size of direct valid damage is first installed in kind, and then in monetary terms.

The amount of recoverable damage caused by the fault of several persons is determined for each of them, taking into account the degree of guilt, the species and limit of material responsibility.

4.2. When calculating the amount of damage should be identified, whether the norms of losses (natural loss) are not established for this type of product, that is, such a permissible regulatory acts reduce the initial weight and volume of values \u200b\u200bin the process of implementation, storage and transportation, which is the result of their natural physicochemical Properties.

The shortage of property or its damage within the limits of natural liability is related to the costs of production or circulation, beyond that on the expense of the perpetrators. The rules of losses are not applied when calculating damage caused by theft or assignment of values.

In determining any actual loss, the degree of wear of values \u200b\u200bon established standards is taken into account, as well as the cost of the remaining scrap or waste of spoiled property.

4.3. An employee who caused damage to the Company can voluntarily refund it completely or partly. The consent of the employee is recorded in a written agreement.

With voluntary damage, the employee contributes to the cashier of the company. With the consent of the company's management, the employee may transfer equivalent property to compensation or correct damaged. Correction of damaged property, elimination of product defects should be carried out by an employee in the free from the main work time and without payment.

4.4. In the event of a refusal of an employee from voluntary compensation for damage, the penalty is made in a judicial or extrajudicial manner.

4.5. Compensation of damage in the amount not exceeding the average monthly earnings of the employee is made by order (orders) of the company's general director by retention from employee wages. At the same time, the retention is made no later than 1 month from the date of the final establishment by the company's damage caused by the employee.

With each payment of wages, the amount of deductions for compensation for damage cannot exceed 20% of the amount due to the employee's payment.

4.6. Damage to compensation caused by the fault of the collective is distributed among the members of this collective in a proportionate monthly tariff rate (official salary) and the actual time of each employee for the period from the last inventory until the day of damage is detected.

Appendix N 1.

Form of the contract

about full individual material responsibility

director _____________________ (Full name), acting on the basis of the Charter,

or his deputy ______________________ (full name) acting on

foundation _____________________ (provisions, power of attorney), on the one hand,

and ________________________ (Name of position) _______________________

(Full name), hereinafter referred to as the "worker", on the other hand, concluded

this Treaty is as follows.

1. The employee takes full material responsibility for the lack of entrusted to him by the company of property, as well as for the damage caused by the company as a result of the damage to them to other persons, and in connection with the above, it undertakes:

a) carefully refer to the functions entrusted to him (duties) of the company assigned to him and take measures to prevent damage;

b) in a timely manner to report to the company's responsible persons or the direct leader about all circumstances threatening the security of the property entrusted to him;

c) keep records, draw up and submit in the prescribed manner commodity and other reports on the movement and remnants of the property entrusted to him;

d) participate in the inventory, revision, other verification of the safety and state of the property entrusted to him.

2. The company undertakes:

a) create an employee the conditions necessary for normal operation and ensure the complete preservation of property entrusted to him;

b) To acquaint an employee with current legislation on the material responsibility of employees for damage caused to the employer, as well as other regulatory legal acts (including local) on the procedure for storing, receiving, processing, sales (vacation), transportation, application in the production process and the implementation of other operations with the property transferred to it;

c) to conduct inventory, revision and other tests for the safety and condition of property in the prescribed manner.

3. Determination of the amount of damage caused by the employee of the company, as well as the damage arising from the Company as a result of compensation for them to other persons, and the procedure for its compensation is made in accordance with the current legislation of the Russian Federation.

4. The employee is not liable if the damage is not caused by its fault.

5. This Agreement comes into force from the date of its signing. The implementation of this Agreement applies to all the time of working with the property of the employee of the property.

6. This Agreement is drawn up in two having the same legally binding copies, of which one is in the company's personnel service, and the second is the employee.

7. Changing the terms of this Agreement, the addition, termination or termination of its action is carried out under a written agreement of the Parties, which is an integral part of this Agreement.

Signatures of the parties:

CEO

LLC "Company" Raduga "Worker

___________/____________/ ____________/___________/

Date of conclusion of the contract M.P.

Appendix N 2.

to the Regulations on Material Responsibility

Form of the contract

about complete collective material liability

director ___________________ (Full name), acting on the basis of the Charter,

or his deputy ___________________ (full name) acting on the basis of

_______________________ (provisions, power of attorney), on the one hand, and members

team (Brigades) __________________________________________________

(Name of the workshop, department, separation, farms, plot,

__________________________________________________________________________,

other division)

hereinafter referred to as "team (brigade)", represented by the head

Team (Brigadier) ________________________________________________

___________________________________________________________________________

(surname, name, patronymic; Position)

enclosed this Agreement on the following.

I. Subject of the contract.

The team (brigade) accepts a collective (brigade)

material responsibility for the absence of property preservation,

entrusted to him for ___________________________________________________

(Name of the type of work)

as well as for damage arising from the employer as a result of compensation for them

damage to other persons, and the employer undertakes to create a team (brigade)

the conditions necessary for the proper execution of the commitments made

this Treaty.

II. General.

1. The decision of the employer about the establishment of a complete collective (brigade) material liability is issued by the order (by order) of the employer and is declared a team (brigade).

The order (order) of the employer about the establishment of a complete collective (brigade) liability is attached to this Treaty.

2. The recruitment of the newly created team (brigades) is carried out based on the principle of voluntariness. When the team (brigades) is taken into account in the form of the team (brigades) of the team (brigades).

3. The management team (brigade) is assigned to the head of the team (brigadier).

The head of the team (brigadier) is appointed by the order (order) of the employer. At the same time, the view of the team (brigades) is taken into account.

With the temporary absence of the head of the collective (brigadier), his duties are assigned to the employer for one of the members of the team (brigades).

4. When changing the head of the collective (brigadier) or when retired from the team (brigades), more than 50% of its initial composition must be renewed.

5. This Agreement is not renewed when retired from the team (brigades) of individual workers or admission to the team (brigade) of new employees. In these cases, against the signature of the leaving member of the team (brigades), the date of his disposal is indicated, and the newly adopted employee signs the contract and indicates the date of entry into the team (brigade).

III. The rights and obligations of the team (brigades) and the employer.

6. The team (brigade) has the right to:

a) to participate in the reception of entrusted property and carry out mutual control of work on storage, processing, sale (vacation), transportation or use in the process of production of entrusted property;

b) take part in inventory, revision, other verification of the safety of the property of the team (brigade) of property;

c) get acquainted with the reports on the movement and residues of the defendant (brigade) of property;

d) in the necessary cases to require an employer of the inventory of the defendant to the team (brigade) of property;

e) to declare the employer about the discharge of members of the team (brigades), including the team leader (brigadier), which, in their opinion, cannot ensure the safety of the defendant (brigade) of property.

7. The team (brigade) is obliged to:

a) take care of the defender (brigade) of property and take measures to prevent damage;

b) in the prescribed manner, keep records, draw up and promptly submit reports on the movement and residues of the defendant (brigade) of property;

c) to inform the employer in a timely manner of all circumstances that threaten the safety of the ownership of the property (brigade) of property.

8. The employer must:

a) create a team (brigade) the conditions necessary to ensure the complete preservation of property entrusted to the team (brigade);

b) timely take measures to identify and eliminate the reasons impeding the provision of the team (brigade) of the preservation of entrusted property, to identify specific persons responsible for damage and attract them to the statutory legislation;

c) familiarize the team (brigade) with current legislation on the material liability of workers for damage caused to the employer, as well as with other regulatory legal acts (including local) on the procedure for storage, processing, sales (vacation), transportation, use in the process of production and implementation of other operations with the property transferred to it;

d) to provide a team (brigade) the conditions necessary for timely accounting and reporting on the movement and the remnants of the property entrusted to him;

e) consider the issue of validity of the requirements of the collective (brigades) on the inventory of property entrusted to him;

(e) To consider in the presence of an employee declared a discretion and in case of the reason for the discharge to take measures to conclusion from the team (brigades), to address its further work in accordance with the current legislation;

g) to consider reports of the team (brigades) about the circumstances that threaten the safety of the property entrusted to him and take measures to eliminate these circumstances.

IV. The procedure for keeping accounting and reporting.

9. Reception of property, keeping and submission of reporting on the movement of property is carried out in the prescribed manner by the head of the team (brigadier).

10. Planned inventory of the defendant (brigade) of property are carried out within the time limits established by the current rules.

Explain-free inventories are carried out when changing the head of the team (brigadier), when retired from the team (brigades) more than 50% of its members, as well as at the request of one or more members of the team (brigades).

11. Reports on the movement and remnants of the defendant (brigade) of property are signed by the head of the team (brigadier) and in order of priority to one of the members of the team (brigades).

V. Damage compensation.

12. The basis for attracting members of the team (brigades) to material responsibility is the direct valid damage directly caused by the team (brigade) to the employer, as well as the damage resulting from the employer as a result of compensation for damage to other persons.

13. The team (brigade) and / or a member of the team (brigades) are exempt from material liability if it is established that the damage is not caused by the fault of members (members) of the team (brigades).

14. Determination of the amount of damage caused by the staff (brigade) to the employer, as well as the procedure for its compensation is governed by applicable law.

15. This Agreement comes into force with ___________ and acts on the whole

the period of the team (brigades) with the property entrusted to him

at the employer.

16. This Agreement is drawn up in two having the same legally binding copies, one of which is at the employer, and the second - the head of the team (brigadier).

17. Changing the terms of this Agreement, the addition, termination or termination of its action is carried out under a written agreement of the Parties, which is an integral part of this Agreement.

Signatures of the Parties to the Treaty

From the employer:

Collective Leader (Brigadier)

Members of the team (brigades):

The date of conclusion of the contract

I argue:

Director

___________________

"___" ________ 2017

POSITION

About the material responsibility of employees

1. General provisions, terms and definitions

Intentional causing damage;

Causing damage in a state of alcoholic, narcotic or other toxic intoxication;

Causing damage as a result of criminal actions of an employee established by the court sentence;

Causing damage as a result, if such is established by the corresponding state body;

Disclosure of information constituting the secret protected by law in cases provided for by federal laws;

Causing damage to malfunction of employment duties.

2.3. Full material responsibility can be individual and collective.

2.3.1. With the employees specified in the list approved by the individual order of the director of the company, a contract for full liability should be concluded. Refusal to conclude such a contract without good reasons is considered as a non-fulfillment by the employee of its employment duties.

The individual form of full material responsibility is established if there are simultaneous conditions:

Material values \u200b\u200bare transferred under the report to a specific employee, and it is responsible for their preservation;

An employee is provided with a separate isolated placement or place for storing material values \u200b\u200band provided conditions for proper fulfillment of duties;

The employee is independently reported to the organization for taking them to report values.

The contract for full material responsibility is drawn up in two copies. The first is located in the personnel department of the company, and the second - the employee.

The agreement on full material responsibility comes into force on the date of its signing and is valid during the entire period of work with the material values \u200b\u200bentrusted to the employee.

2.3.2. With the joint execution by employees of certain types of work related to storage, processing, sale, vacation, transportation, use or other use of values \u200b\u200btransferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him for damages in full, introduced Collective (brigade) material responsibility.

A written agreement on collective (brigade) material liability for causing damage is between the company and all members of the team (brigades).

With voluntary damages, the degree of guilt of each member of the team (brigades) is determined by agreement between all members of the team (brigades) and the firm.

2.4. Written agreements on full individual or collective (brigade) material liability are to employees who have reached the age of 18 and directly serving or using cash, commodity values \u200b\u200bor other property.

3. CONDITIONS OF MATERIAL LIABILITY

3.1. Material responsibility assigned to the employee in the case when the following conditions are simultaneously available:

The firm is directly valid damage;

The unlawful behavior of the employee has been proven;

The existence of a causal relationship between illegal actions (inaction) of the employee and the damage arising;

The presence of fault of the employee.

3.2. The employee is obliged to refund the direct valid damage caused by the firm.

The direct valid damage is the actual decrease in the cash property of the company or the deterioration of the state of the specified property (including the third-party property from the company, if it is responsible for the safety of this property), as well as the need for the company to make the cost of acquiring or restoring property (either For reimbursement of damage caused to employee to third parties).

Dog damaged by the employee to third parties are understood by all amounts that are paid by the company to third parties to damage compensation.

Recovery from employees of those income that the firm could get, but did not receive due to the wrong actions (inaction) of the employee, is not allowed.

3.3. The unlawful behavior of the employee is such behavior when he does not fulfill or inappropriately executes his labor duties. If the employee's labor duties are not enshrined in the employment contract, other internal regulatory documents, the unlawful is the behavior of an employee, explicitly contrary to the interests of the company.

3.4. The obligatory condition for the onset of the material liability of the employee is the presence of a causal connection between the unlawful actions (inaction) of the employee and the coming material damage.

3.5. The material responsibility of the employee is excluded in cases of damage due to irresistible forces, normal economic risks, extreme necessity or necessary defense or non-fulfillment of the focus on ensuring appropriate conditions for storing property entrusted to the employee.

Also, the circumstance exempting an employee from material responsibility due to the lack of illegal behavior is the fulfillment of the requirement (order, orders) of the management of the company, the head of the unit or the direct chief of the actions leading to material damage.

4. Determining the amount of damage subject to

reimbursement and the procedure for its compensation

4.1. The amount of damage is determined after the inventory on the actual losses calculated on the basis of market prices operating in this area on the day of damage to damage, but not lower than the data, taking into account the degree of wear of this property. The amount of damage is confirmed by the necessary documents (inventory acts, etc.).

The amount of recoverable damage caused by the fault of several persons is determined for each of them, taking into account the degree of guilt, the species and limit of material responsibility.

4.2. When calculating the amount of damage must be detected, whether the norms of losses () are not established for this type of product (), that is, such a permissible reduction in the initial weight and volume of values \u200b\u200bin the process of implementation, storage and transportation, which is the result of their natural physicochemical properties.

In determining any actual loss, the degree of wear of values \u200b\u200bon established standards is taken into account, as well as the cost of the remaining scrap or waste of spoiled property.

4.3. An employee who caused damage can voluntarily refund it in whole or in part. The consent of the employee is recorded in a written agreement.

With voluntary damage, the employee is entitled:

Transmit to compensation for damage equivalent property or correct damaged (with the consent of the leadership).

Correction of damaged property should be carried out by an employee in its free time and without payment.

4.4. In the event of a refusal of an employee from voluntary compensation, damage is made in a judicial or extrajudicial manner.

4.5. Reimbursement of damage in the amount not exceeding the average monthly earnings of the employee is made by order (order) of the director of the firm by hold out of the employee. At the same time, the holding is carried out no later than 1 month from the date of the final establishment of the damage caused by the employee.

With each payment of wages, the amount of deductions for compensation for damage cannot exceed 20% of the amount due to the employee's payment.

4.6. Damage to compensation caused by the fault of the collective is distributed among the members of this collective in a proportionate monthly tariff rate () and the actual time of each employee for the period from the last inventory before the destruction of the damage.

5. Final provisions

5.1. The present position is an indefinite nature and can be changed or supplemented by order of the director.

5.2. With the Regulations, all employees of the company must be familiar with the painting.

A similar document person signs when taking a job in the institution. It is mandatory for all government agencies. For a private company, this provision is provided for employees at the request of the leadership. This document may additionally specify the concept, as well as to clarify the mechanism of recovery, the calculation of damage and cases of the onset of monetary liability of employees (more on how the corresponding order is issued - in the reference article). The agreement is drawn up taking into account the individual peculiarities of the material responsibility characteristic of the staff of a particular enterprise (or employers).

Regulations on the disciplinary and material responsibility of workers - sample 2018

There is a typical sample document provided by document flow. Additional provisions and changes may be made to it, depending on the specifics of the organization.

An important component of the document should be attributed:

the main data of the company and the employee;
date of conclusion;
responsibility;
additional subtleties regulating the concept;
a list of entrusted values, for which the employee responds.

General provisions

In the subject of material liability, the organization may provide for not only those persons who are directly related to material values \u200b\u200b- an accountant, crown. In fact, material responsibility can also occur for anyone from employees related to property and causing damage.

For example, if the employee has a computer, a table, a chair at its disposal, then for their damage, it is also the provision of material responsibility. The same provides for the situation and with respect to the documentation - compensation for damage to employees, reports, etc.

Recovery for violation of labor discipline

In some organizations, the provision may provide for additional recovery for disciplinary misconduct - lateness, violation of the chart of breaks, shift, etc. In this case, in the document initially, it is necessary to indicate the size of the material compensation that the employee will have to pay for such a misconduct. It is important to take into account that such a violation is mandatory must be documented. It is also important that the amount of recovery for the month does not exceed earnings for this period.

Material responsibility workers

Initially, when hiring, any employee must sign an agreement on the possible compensation for damages in the enterprise. It is important to take into account that the moment has a number of essential nuances affecting the interpretation of the concept and further resolution of controversial situations:

it happens the complete and partial financial responsibility of the employee. With full, it reimburses the entire cost of harm caused, with a partial - proportional ratio or the agreed part;
you can only recover the cost of what can be expressed in the cash equivalent.

At the same time, the damage must be clearly measured and confirmed. For example, a clearly agreed book value of the property:

answer an employee will be only for what he painted. That is, there must be official confirmation that the thing was originally entrusted to the employee;
the employer has no right to recover the damage in the event that it was due to independent circumstances - a natural disaster, or if there are other responsible persons - a security agency.

Reporting procedure

The provision provides a clear procedure for issuing documentation in such a situation:

conduct an inventory or reveal the fact of damage to property;
make an act, if necessary, to conduct a service investigation;
clearly calculate the damage and carry out all the calculations;
prepare the official decision of the leadership to recover compensation for damage.

After that, immediately recovery.

Damage compensation

The Labor Code (Article 248) defines all provisions on material responsibility, namely, on the basis of the concluded provision, the recovery of damage from employees. The recovery of the commissioned loss occurs on the basis of the conclusion signed by all members of the joint-stock company and leadership.

If the amount does not exceed the average salary, then the employer has the right to unilaterally recover from the salaries of employees the right amount. At the same time, the situation clearly provides that the recovery of the proposed compensation is possible during the month from the date of signing the official act in which the losses are specified.

If the amount of damage exceeds the salary, then by agreement, the employer and employee may resolve the issue of liability. In this case, a type of contract may be signed, according to which the company will provide installments for a certain period - part of the debt, which is calculated monthly, will be determined individually. In the case of a large amount of debt that the employer cannot recover independently, as well as an employee disagree with the material responsibility, it is necessary to contact the court.

"I argue"
CEO
_____________________
_____________________
"___" ________ 201_

Regulations on the procedure for disciplinary and material responsibility
employees of the enterprise

1. General part
1.1. This Regulation on the procedure for disciplinary and material liability was developed in accordance with the Labor Code of the Russian Federation, the Decree of the Ministry of Labor and Social Development of the Russian Federation "on approval of the list of posts and works, replaced by or executed by employees, with which the employer may enter into written agreements on full individual or collective ( Brigade) material responsibility, as well as standard forms of contracts for full material responsibility "N 85 dated December 31, 2002, the statute of the enterprise, other regulatory acts and determines the procedure for the use of disciplinary and material impact on discipline violators and order.
1.2. Compliance , labor and technological discipline, job descriptions and other regulatory documents of the enterprise - a single requirement for all categories of workers.
1.3. Developed by the enterprises of the Region of the divisions in terms of the responsibility of employees are based on this Regulation on the procedure for disciplinary and liability.
1.4. The right to use disciplinary penalties enjoy the heads of divisions and the general director of the enterprise.
1.5. When you impose a disciplinary recovery or the use of other impact measures, the severity of the perfect act, the circumstances under which he performed, the previous work and the behavior of the employee, the presence of rewards received during the work at the enterprise are required.

2. Recovery for violation of labor discipline
2.1. The enterprise uses a combination system of disciplinary penalties with measures of economic impact on discipline violators.
2.2. For a one-time violation of labor discipline (late to work, failure to fulfill the legal orders of the administration, violation of the rules of the internal employment regulations, job descriptions, regulations on divisions, technical rules, safety rules, etc.) The company provides for recovery in the form of comments announced Orally the head of the unit, or a spontaneous, declared by the order of the Director-General at his discretion or the petition of the head of the division.
2.3. The reprimand announced by the General Director's order deprives employee to obtain additional payments to wages (premiums) within 6 months.
2.4. For a systematic violation of labor discipline, as well as the absence of an employee without a valid reason at work within four hours during the working day, finding without good reasons is not at its workplace, on another territory of the enterprise, the employee's refusal without good reasons for the fulfillment of labor duties, refusal or evasion without good reasons from medical examination of workers in the event of such a need, the refusal of the employee from the passage during the working hours of special training and passing the safety examinations and the rules of operation of the equipment; the refusal of the employee from continuing to work due to a decrease in the discharge, an open salary or tariff for a gross violation by an employee of technological discipline, other serious violations either according to the results of certification; The appearance in the workplace in a drunken state, in a state of drug or toxic intoxication to an employee of an enterprise, the following types of disciplinary penalties can be applied:
- warning about dismissal;
- dismissal.
2.5. The decision to make a warning or dismissal from the enterprise is adopted by the Director General of the enterprise at the request of the head of the unit. The decision to prevent the dismissal or dismissal of the employee comes into force from the moment of its adoption.
2.6. The decision made by the Director General of the enterprise is the warning of the employee about the dismissal deprives the employee of obtaining additional payments to wages (premiums), including ______ percent of the allowance for the title of "best worker of the enterprise", "labor veteran" for a period of one year.

3. Material responsibility employees of the enterprise
3.1. All employees of the enterprise are subject to material liability for the application of direct material damage under which it is understood: loss, deterioration or decrease in property value, the need for an enterprise to carry out the cost of restoration, the acquisition of property or other values \u200b\u200bor produce unnecessary payments.
Not subject to refunds incomplete income, as well as damage resulting from a normal production risk.
3.2. For the caused material damage, employees of the enterprise may carry limited material responsibility or complete material responsibility.
3.3. Limited material responsibility in the amount of damage caused, but not over average monthly earnings of employees of the enterprise, it comes:
- with unintentional damage to the property of the enterprise: machine tools, equipment, transport and loading products, buildings and structures, engineering communications, roads, green plantings, finished products;
- in case of damage or destruction in negligence materials, raw materials, semi-finished products, products in their manufacture;
- in case of damage or destruction of tools, means of small mechanization, measuring instruments, overalls and other items issued by the employee for use;
- In the case when the company suffers losses due to the fact that it is forced to reimburse the damage caused by the employee's fault by a third party.
3.4. With full material responsibility, the employee, due to the fault of the damage, is obliged to compensate this damage in full.
3.5. Full material responsibility workers carry:
- In the case when there is an employee who occupy a position or performing work directly related to storage, processing, release (sale), transportation and application in the process of the production of valuables transferred to him, and the Director General has concluded a written agreement on acceptance by the employee of full material responsibility for the absence of the safety of property and other values \u200b\u200btransferred to it for storage or for other purposes;
- in the case when property and other values \u200b\u200bwere obtained by an employee under a report on one-time power of attorney or other one-time documents;
- in the case where the damage is caused by the shortage, intentional destruction or intentional damage of materials, products, semi-finished products, finished products, as well as tools, measuring instruments, workwear and other items issued to the employee for use;
- if the damage is not caused by the employee of its employment duties;
- in case of damage in a state of alcoholic, narcotic or toxic intoxication;
- in the event of damage as a result of criminal actions of the employee established by the court sentence;
- in case of damage as a result of an administrative offense, if it is established by the corresponding state body;
- In case of disclosure of information constituting the law protected by law (service, commercial or other), in cases provided for by federal laws.

etc...

Book compiling the necessary document on personal order.