Order for materially responsible persons sample. Regulations on MO

Installed by order.

It is published in any case: there is an agreement on MO with an employee or not.

The document serves as the basis for attracting a person to the MO when it is not possible to distinguish it between employees.

However, the law recognizes an agreement on liability as the basis for attraction.

Important! There are positions and professions for which responsibility is established by the very fact of their existence.

For example, for the head of an organization, MO is established from the moment he takes office, regardless of whether there is an agreement with him or not.

The document contains the following items:

Organization name (its full name).
Who publishes the document. Full name, position, as well as the data of documents that confirm his right to establish the obligations of employees.
Next, the establishment of MO. This section details the responsibilities of those for whom it is installed.
List of employees with responsibility. Be sure to list their positions, personal data (F. I. O.).
The order must be signed by the head or the person who issued the document.

The people named in it must be familiarized with the document against signature.

Establishment of responsibility refers to the competence of the employer.

Order for a financially responsible person can be drawn up and signed by both the employer himself and the employee authorized by him. For example, the appointed leader.

An important point. It is necessary to distinguish between an order to establish from an order to attract to the Moscow Region.

The first one only establishes it in relation to certain employees, while the second one imposes a penalty in the event of liability, its procedure, size, and terms are determined.

We talked about what this document should include above. Now we will consider in more detail the question of how to write an order on the appointment of financially responsible employees.

The following information is entered on the form:

Regulations on MO

The employee liability policy is a document designed to regulate legal relations in an organization, in the part concerning the established liability for the damage caused.

The regulation defines:

What is meant by MO.
Types of obligations that exist in the organization.
To whom does it apply?
How to install.
When it occurs.
Reimbursement procedure.
Forms of agreements, contracts with financially responsible persons for each type of MO.

The provision must comply with the norms of the current legislation, in particular, the Labor Code.

Important! The regulation is approved by the board of the organization(trustee, board of directors), if any. It is put into effect by order of the head.

The position consists of several parts.

The first, defining, in which the concept of MO is given, more precisely, what exactly is meant by it in an organization.

The full name of the organization is required to which normative acts the Regulation applies.

Then the general provisions of the document follow:

who is the financially responsible person;
who is not covered by this document;
how it is changed, approved and implemented;
where is stored.

The next part reveals the concepts of MO, its types that exist in the organization. With what employees an agreement on one or another type of liability is concluded. Species definitions are given in expanded form. That is, the essence of the concept is given.

It is established how and in what cases this or that type of obligation occurs.

For each species are considered separately, including age, types of damage, the presence or absence of an MO agreement.

It explains what working conditions should be created for a financially responsible person. How is its activity controlled?

In the next section, the article, the conditions for the offensive are stipulated. These include:

fault of the employee;
direct damage;
connection between him and the actions of the employee;
illegal behavior.

The definition of each of the above concepts, and the order of their establishment is given.

The next part determines the amount of damage, how it is compensated. It is indicated that compensation for damage is determined by a separate agreement with the employee. It is determined how it occurs on a voluntary basis, and as a forced one. The actions in case of refusal of the employee, pre-trial and judicial decisions are explained.

Attention! Pregnant it is necessary to describe the cases when liability does not arise even in the event of damage. For example, self-defense. If it is proved that the employee was defending himself, then even if there is damage, the punishment does not occur.

An integral part of the Regulations are the forms of agreements and contracts for each type of MO.

MO is established both in relation to an individual employee and a team.

She may be full or limited.

Responsibility comes only when the conditions corresponding to it exist.

Which ones, inherent in a particular species, should be described in the Regulation. On the basis of it, an order on the MOL is drawn up.

As a rule, liability is introduced at enterprises for a certain circle of persons who work in positions related to receiving, making payments, constant circulation, storage and disposal of material resources.

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Their list is established by order of the management of the enterprise in accordance with the instructions of the decree of the Ministry of Labor, which was published on December 31, 2002.

When should be signed

Issues regarding the introduction of liability are regulated by the Decree of the Ministry of Labor "On approval of the lists of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, as well as standard forms of contracts on full liability."

In accordance with the rules of accounting in the structural unit where liability is introduced, an inventory of accountable material resources is carried out without fail.

They are transferred to the disposal of the employee along with the act of inventory. If a shortage is detected, the employer has the right to recover the missing material assets from the employee.

Liability is introduced on the basis of labor law. It is divided into types:

complete;
individual;
collective;
limited.

In the first case, the employee compensates the employer for real damage in full, if the damage was caused through his fault.

Full liability may be introduced if the employee:

adult, endowed with certain rights and obligations;
officially listed in the staff of the enterprise;
by virtue of the position held, the employee directly interacts with material resources, including cash.

It can be applied to an employee who has not reached the age of majority if he has committed misconduct, as a result of which damage was caused to the enterprise in a state of alcoholic or drug intoxication.

The second type is responsibly insignificantly different from the first. The difference lies in the fact that the employer is obliged to provide conditions for the employee to be able to perform the functions assigned to him.

The employee, in turn, must be responsible for the damage that was caused to material resources through his fault.

Collective liability may be introduced by the employer if it is not possible to distinguish between the responsibility of each employee.

Usually it is due to the production conditions of the enterprise, when the material resources of the enterprise are serviced by many workers at the same time. as noted in the TC.

If any employee leaves, a new employee is accepted, then in addition to the contract, an agreement on collective liability is drawn up.

The employer, if necessary, may apply limited liability to each employee. Compensation for the damage caused is made within the limits of the average monthly salary of the employee.

If the enterprise has not introduced another type of liability agreement, then the amount of compensation cannot be increased.

Order on the establishment of liability and its sample

The head of the enterprise must issue an order on liability in accordance with the recommendations of the Labor Code, namely.

It will allow the employer not only to establish material liability for the employee, but also to hold him accountable if the enterprise suffers any damage through the fault of the employees.

According to generally accepted rules, in the order on the appointment of persons who will be liable, the employer may provide for various types of liability in accordance with the category of employees.

The order is issued in cases where it is impossible to conclude an agreement on the introduction of liability with employees.

It must indicate:

full name of the enterprise;
personal data of the head, the position he holds, the reason for his appointment to it, the powers of the head according to the position;
a detailed description of the functional duties of employees;
a list of employees, their personal data, positions held by them, in respect of which liability is introduced.

About attraction

To bring an employee to liability, the employer must issue an order on and attraction. It is published on the basis of the instructions of the Labor Code of the Russian Federation.

It should contain arguments justifying the fact that the employee caused damage to the enterprise. His guilt must be proven, otherwise the employer loses the right to recover compensation from the employee.

The employee is held financially liable if the commission of illegal and guilty behavior in accordance with the Labor Code, concluded in violation of the internal regulations, was revealed, as a result of which the enterprise was damaged.

For example, a manufacturing defect of manufactured products. The employee must be aware and admit his guilt.

The sequence of actions of the employer in the procedure for recovering from the employee the damage caused by him:

identification of the fact of damage, waste of material resources by conducting an inventory of the funds entrusted to the employee;
issuing an order to conduct an internal investigation, forming a commission for its implementation;
receiving written explanations from employees;
calculation of the amount of damage caused;
determining the degree of guilt of the employee;
issuance of an order for the recovery of damages.

An order to bring an employee to liability is drawn up in any form according to the rules of personnel records management. In it, the employer must indicate the type of responsibility imposed on the employee.

The employer has the right to bring the employee to full or partial liability. In the first case, it is applied within the limits of the average monthly wage, in the second it should not exceed its size.

With full liability, the employee is obliged to pay the entire amount of real damage, which is determined during the inventory.

About collective

The employer has the right to conclude an agreement on collective responsibility with a structural unit engaged in the acquisition, preservation, transportation, and other types of work with material assets.

But the employer cannot conclude it in accordance with the norms of labor law with a separate category of employees.

These include:

employees who have concluded an individual contract with the employer;
employees working under a part-time contract;
unskilled, junior service personnel who work as loaders, helpers, watchmen;
employees performing auxiliary functions, for example, a cutter, an ironer;
persons undergoing industrial practice at the enterprise;
Young professionals;
persons who do not have experience in working with material resources.

The employer issues an appropriate order, which must be signed by all the employees indicated in it in accordance with the Labor Code of the Russian Federation.

The order includes:

full name of the enterprise, its location, legal address;
title of the document, basis, date of publication;
personal data of employees, their positions;
personal data of the head of the structural unit where collective responsibility is introduced;
information about the collective liability agreement.

25.06.2018

Any employee can find himself in a situation where he will be the culprit of damage to the property of the company in which he works.

The commission of this misconduct may entail a punishment more serious than a reprimand or remark.

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Is it necessary to draw up in order to assign MO to the employee?

The employee, in the performance of his labor functions, has access to material values, the property of the employer, but is not signed with him, then the losses incurred through the fault of the employee are compensated in a limited amount.

In this regard, the manager should think in advance (before the shortage occurs) about compensation for material costs by hiring a new specialist:

full responsibility order signed(material) of one employee or an entire team;
based on the order of the director, contracts are signed.

When assigning property liability (does not depend on the number of responsible workers) need to take inventory.

It is carried out in the presence of a representative of a group of specialists, a team. In case of detection, all losses are compensated to the employer.

When a new specialist is accepted into an already established team, it is necessary to strictly conclude an additional agreement with him to the previously signed collective contract on liability, as well as amend the written order of the head of the company. Download sample.

A similar principle applies when a financially responsible employee goes on vacation, and during his absence, by order of the director, responsibility is assigned to another employee with the designation of the period of validity of this document.

Is it necessary if there is a contract?

This order must be issued if an agreement on full collective liability has been concluded. With individual responsibility is drawn up in case of imposing this need in a local act enterprise, collective or labor contract.

How to apply?

For this form, as well as for other administrative documentation, a unified form has not been developed.

You can compose it both in free form and according to a ready-made model developed in-house.

When formulating the text part of the order, do not forget that the composition and content must comply with business style standards.

The header says:

the name of the employing organization;
a short title denoting the meaning of the document;
the locality where the order was signed and the date of the document;
the reason for writing the order (the inability to distinguish between the responsibility of the members of the team, ensuring the safety of the company's property).

laying on;
structural subdivision, department, where, in accordance with the staffing table, there are specialists, their names and initials, positions;
an instruction to the personnel officer on the conclusion of an additional agreement to the labor or collective contract;
appointment of a responsible specialist (close to the director or himself) for the fulfillment of the terms of the order;

At the end of the order signed by the head of the company and all the mentioned specialists.

This point is an important point. The absence of signatures of employees equates the significance of the document to zero.

Sample for cashier

The activity of a cashier involves working with money , in this connection, the employer should impose on this employee the obligation to ensure the safety of the company's finances. On the liability of the cashier to the employer.

She is sure must be backed by an appropriate contract, where the rights of the cashier are clearly stated and the degree of his responsibility in the event of material damage to the enterprise is indicated.

The main part of the order of the company states:

that the cashier is appointed as a financially responsible employee (full individual responsibility) for the funds with which he works;
the fact of signing an agreement on full liability (material) with the cashier.

In the contract you can prescribe an exemption from liability of the cashier: theft of funds (if the culprit is caught), access to the cash desk of other employees, the workplace (cash desk) was left by the responsible person due to the impending threat to his life.

For the driver

It is more correct to add to the disposal of the driver as an application list of the entrusted vehicle, the act of its acceptance and transfer.

You can sign a liability agreement with the driver , but only regarding the transportation of property, monetary service of counterparties (these duties imply liability).

And in order to prevent further misunderstandings with regulatory authorities designate the position as a forwarding driver.

Assignment of property to an employee can be formalized by transferring it for temporary use by issuing an act and an order to transfer the vehicle.

The material responsibility of the employee is his obligation to compensate for the direct damage caused by him to the employer. But in order to receive compensation, the employer must properly formalize the relationship with the employee. How to do it step by step, read the article. A sample order on employee liability (2017) will come in handy for you to create your own document.

General provisions

The grounds, types and methods of registration of material 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 somehow entrusted with the material values and property of the employer (making and receiving payments, keeping property, etc.).

In accordance with the accounting rules, in the department where liability is introduced, an inventory of all accountable property must be made. Only after that it is transferred to the employee along with the completed inventory act, so that later the shortage can be identified. This document can subsequently become the basis for bringing to 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:

On the appointment of a responsible person or group of persons (you can download a sample order on the material liability of an employee in the appendix to the article).
About attraction to matresponsibility.

In order for an employee to be fully responsible for the property of the company entrusted to him, one order is not enough, you need to conclude an agreement with him on full liability. establishes the following grounds for drawing up such a document:

the employee is officially registered in the state;
he is of age;
by virtue of the position held, material resources or funds are accountable to him.

At the same time, for those who hold leadership positions (chief accountant, deputy), liability is usually provided for in an employment contract (). The list of positions with representatives of which it is possible to conclude agreements on liability for the shortage of entrusted property is given in Appendix No. 1 to the Decree of the Ministry of Labor of December 31, 2002 No. 85.

Types of liability

The current legislation allows to allocate the following types of responsibility of employees:

full - the employee compensates for the damage in full;
limited - pays compensation in the amount of its average monthly salary;
individual - assigned simultaneously with the appointment of a person to a position;
collective - is introduced when it is impossible to distinguish between the limits of the reference of each employee. This is usually due to the production features of the enterprise, when many employees work on the same equipment at the same time.

This amount is calculated in the manner prescribed by the Decree of the Government of the Russian Federation "On the peculiarities of the procedure for calculating the average wage" dated December 24, 2007 No. 922. As a settlement period, 12 months are taken from the date of damage or its discovery.

Order on the appointment of a responsible person

The current legislation does not establish a unified form, however, when compiling any primary documents, one should take into account the rules provided for by the Law of December 06, 2011 No. 402-FZ. According to him, the form must contain the following information:

name and details of the organization;
date and document number;
preamble: purpose of the document and legal references;
the main part: the essence of the order (a list of persons who are responsible for certain property values. It is necessary to indicate their positions and duties);
signatures of the manager and employees.

A sample order for the appointment of a financially responsible person is as follows:

Order for liability

In order to oblige an employee to pay compensation, the following grounds must be present:

The wrongfulness of his behavior. That is, the employee ignored his labor duties or performed them improperly, which led to negative consequences.
Guilt. It can be either in the form of intent (a person was aware of the unlawfulness of his actions and foresaw their consequences), or in the form of negligence (understood and realized everything, but arrogantly expected to prevent harm, or did not foresee the risk, although he should have due to the nature of his work) .
The presence of real damage (damage to property, shortage). This is a real decrease in property or deterioration of its condition, which inevitably entails spending on its purchase and restoration. Thus, an employee cannot be forced to compensate for lost profits, only real losses ().
Direct causal relationship between losses and illegal actions.

In order for the employee to compensate for the damage, the manager must issue an appropriate document. The order on the liability of the employee must contain the following information:

grounds for holding liable;
FULL NAME. and position of the employee;
the amount to be recovered;
information about the officials who are responsible for the execution of the order;
information on familiarization with the order of the worker and the person who is entrusted with control over the execution of the order.

Sample order on material liability of an employee

5 steps to accountability

It is worth noting that before assigning a penalty to a guilty employee, it is necessary to follow a certain procedure, which can be divided into stages:

Identification of the fact of causing harm (during the audit or inventory).
Carrying out an internal audit, as a result of which the amount of damage is determined and all the circumstances of the incident are clarified. Only real damage is taken into account - it is prohibited to recover lost profits from the employee.
Obtaining written explanations from the employee. If he refused to provide it, then an act must be drawn up about this in the presence of witnesses.
Drawing up a conclusion on the results of the audit. It decides how compensation will be paid and lists all the evidence supporting the employee's guilt. The document must be drawn up within a month from the date of determining the amount of losses and is drawn up in any form.
Drawing up an order.

The issues of personnel reliability and responsibility in the performance of official duties are perhaps the most important components of the success of any enterprise. That is why the employer, in order to organize the production of a product and at the same time receive maximum profit, must clearly define the scope of responsibility of employees. The appointment of responsible persons for a particular area of work allows you to streamline the processes of labor and production, but the most significant is liability (MO). About it, aspects of its design and implementation will be discussed in our article.

Financial responsibility in the enterprise

This term means an employee's obligation to make amends if he is responsible for the use or storage of tangible or monetary assets. They designate the scope of responsibility of employees by concluding agreements on MO. But first, the employer will have to issue an order to appoint a financially responsible person (MOL). It will become a document approving the introduction of MO and regulating the duties of an employee.

This is an internal company document, it does not apply to orders on personnel and personnel matters. The form of the order on MO is dictated by the specifics of production, the situation that specifies its name, and the actual type of responsibility. It can be individual, collective, limited and complete. We will consider the peculiarities of issuing an order on the appointment of a financially responsible person and other aspects related to the MO.

Liability notice

There is no established form of the MO order. It is compiled arbitrarily, but with filling in all the necessary details, such as:

Company name and address;
Date of compilation and number of the document;
Full name of the head or person authorized to create the order;
Preamble indicating the purpose of issuing the order and legal justification;
List of duties of employees;
executive visa;
signatures of the employees on whose responsibility the order is issued.

Order on material liability of an employee (sample 2017)

An order to appoint a responsible person in the field of monitoring the safety of the MC may look like the one below. In reality, most often such orders are issued when registering employees for positions, cashiers, storekeepers, and sellers.

The list of positions of employees with whom it is necessary to conclude agreements on full MO for trusted property is given in Appendix No. 1 to the Decree of the Ministry of Labor of December 31, 2002 No. 85.

However, the order on full liability, the sample of which is given above, will be invalid if the administration of the company does not conclude an agreement on MO with the employee, or fix this condition in the employment contract when hiring).

Change of financially responsible person

In the course of the company's activities, the change of the MOT (as a result of dismissal or transfer to another position) is a regular event that requires re-registration of documents. The departure of a person burdened with a full MO is accompanied by a mandatory inventory of goods and materials or cash, i.e. those assets for which the employee was responsible (paragraph 27 of the PBU dated July 29, 1998 No. 34n) and the subsequent transfer of valuables under the report to a new employee. Conducting an inventory due to a change in the MOL is initiated by the head by issuing an order (form No. INV-22).

The inventory is carried out on a commission basis, its results are drawn up with an inventory list (f. No. INV-1, INV-3) in 3 copies (one for the transmitting and receiving MC parties and one for accounting for further processing). If there are no discrepancies between the actual availability of valuables and accounting balances, then the manager issues an order to change the financially responsible person. Sample document:

Order on bringing to liability

The existence of a contract on MO is the basis for compensation for the damage caused to the employer. It is important that this damage be real, for example, a lack of MC in the pantry or money in the cash register. Lost profits cannot act as damages.

Finding shortages is a classic example of holding MOTs accountable. In such a case, we can talk about the full compensation of the damage by the employee, since he agreed with the responsibility in full, signing the contract on MO. Full liability is also provided for employees who have caused damage if they have done so:

intentionally and knowingly;
being in a state of intoxication;
disclosing trade secrets.

There is also a partial responsibility of the employee. In these cases, the employer will be satisfied with the recovery of a share of the damage in the amount of the average monthly earnings.

It is possible to involve an employee in compensation for damages in full or in part only if his guilt is proven. To do this, the employer will need to:

check the property, establish the extent of damage;
appoint a commission that will conduct an internal investigation;
receive explanations (written) from the employee;
determine the amount of damage.

Based on the conclusions of the commission and the amount of harm caused to the company, the manager issues an order to hold the employee liable. We offer an approximate form relevant for 2017:

So, the order on the imposition of liability, the sample of which we presented, is a confirmation of the employer's conviction that the employee is guilty and is based on the actual circumstances - the results of the investigation. The absence of documentary evidence of what happened is a reason to appeal against the actions of the employer.