Purpose responsible persons produced by the employer. The form of the order on the appointment of a responsible person is free.

Sample order on the appointment of responsible persons

The responsibility of persons is established by the employer for a specific area of ​​activity, within a unit or the entire enterprise. For example, employees can be assigned responsibility for:

labor protection;

fire and electrical safety;

safety of material assets (material responsibility), etc.

The employer is limited in the choice of responsible persons in the areas of professional activity. This limitation is due to legal requirements. For example, only an employee who is responsible for labor protection in an enterprise can:

completed training in the relevant program;

confirmed his knowledge at the qualifying exam and received a state document (diploma);

meets the professional standard of an occupational safety specialist.

The situation is similar with fire and electrical safety.

An example of an order to appoint a person responsible for the electrical safety of an enterprise

Material liability

Unlike other types, liability can be extended to all personnel of the enterprise. The scope of such liability is limited to the limits of the average monthly salary of an employee or is established as part of the obligation to compensate for the full amount of damage caused (lost profits are not subject to recovery).

Sample form of an order on the appointment of a financially responsible person

Any material liability is established by an agreement (individually concluded with an employee or collectively). The list of positions (works) of employees with whom the employer can conclude agreements on full liability is approved by the Decree of the Ministry of Labor of December 31, 2002 No. 85. This list includes:

cashiers and employees working with cash;

employees, including management, carrying out depository activities, etc.

The heads of the organization and their deputies, as well as chief accountants, may bear full liability, the provisions of which may be specified in their employment contracts.

Sample order on materially responsible persons

The liability of the employee means his obligation to compensate the employer for the damage that the employee caused to the organization as a result of his guilty actions (or inaction).

Liability rests with the employee in full () in the event of:

shortage of valuables received on the basis of a written agreement or a one-time document;

intentional harm;

causing harm while intoxicated;

commission of a crime or administrative offense established by a court verdict or by the relevant state body;

disclosure of confidential information;

causing damage not in the performance of labor duties (after the end of working hours).

This means that even if the employee quits or goes to jail for his guilty actions, he will still have to compensate the employer for the damage that he caused him.

Before collecting damages from a particular employee, the employer is obliged to organize and conduct an audit in order to determine the amount of damage caused. Should the employer set up a special commission to conduct such a check? in the course of which it is necessary to obtain written explanations from the guilty employee on the fact of what happened. In case of refusal or evasion from providing explanations, the commission must draw up an act in free form. Without these documents, recovery of damages is impossible.

How to write an order for the appointment of a responsible person

Conclude an agreement on liability in two copies.

Prepare a draft order on the appointment of responsible persons.

It is advisable to coordinate the draft order with lawyers.

Sign the order with the General Manager.

Familiarize the employee with the order against signature.

Standard draft agreement on full individual liability

Liability cannot be applied to an employee if the damage was caused due to:

force majeure (natural acts of nature);

natural risk (the presence of production does not guarantee the availability of sales of finished products);

necessity or defense (for example, had to break the table to prop up the door in case of attack);

improper storage conditions of property due to the fault of the employer (food was stored in a faulty refrigerator).

In addition, the employer has the right to refuse, in whole or in part, to recover damages from the guilty employee (). The procedure and conditions for refusing to recover damages should be determined by an agreement or other regulatory document of the employer, for example? The charter of the organization.

Making changes to documents

In the event of the dismissal of one employee or his replacement with another, the employer must prepare documents on the change of financially responsible person.

Sample order to change the financially responsible person

However, that's not all. When changing responsible persons, very often employers forget to draw up one important document, namely the act on the acceptance and transfer of inventory items for storage. Without registration of this document, in the event of a shortage in the future, it will be impossible to prove the guilt of the responsible person.

The order is a common document in management practice.

A special version of this document is the Order - legal act, published solely by the heads of legislative, executive bodies of state power, judicial bodies Russian Federation, constituent entities of the Russian Federation, local governments within the competence defined by law, regulatory legal acts. Such orders contain a sub-legislative official decision adopted in compliance with the established procedure and giving rise to legal consequences. The orders are obligatory for execution by all governing bodies, business entities, regardless of the organizational and legal form, as well as public associations, officials and citizens living in this territory.

Head

Sample executive order– an example of securing a car

LIMITED LIABILITY COMPANY "Lishainik"
(OOO Lishainik)

ORDER

Murmansk

On the appointment of those responsible for vehicles and the release of vehicles in a technically sound condition on the line

To ensure the safety, serviceable technical condition of the car Vehicle and their trouble-free operation are obligatory:

1. Appoint the following employees responsible for ensuring the good technical condition of vehicles and their accident-free operation:

Voropay K.E. for Volkswagen Passat No. A 555 XE,
Maksimushkina M.V. for the car Toyota Celica No. X 002 NK.

2. In case of official necessity, grant the right to drive vehicles to the following employees of the support department:

Filin P.D. Volkswagen Passat No. A 555 XE, Toyota Celica No. X 002 NK,
Kuzovatykh V.A. by car Toyota Celica No. X 002 NK.

3. To appoint responsible for the annual technical inspection of vehicles, the release of vehicles on the line in a technically sound condition and the registration of Lishainik LLC vehicles in the traffic police, a specialist in the support department, Filin P.D., in his absence, a specialist in the support department, Kuzovatykh V.A.

4. Recognize as invalid the orders of Lishainik LLC dated December 29, 2010 No. 44 “On the appointment of a person responsible for the Volkswagen Passat car”, No. 2 dated January 14, 2011 “On granting the right to drive a Toyota Celica car”.

5. To impose control over the execution of the order on the head of the supply department B.P.

Director D.V. Torch

I think that on the basis of the given example of the order (even two examples), you can draw up your own sample, suitable for specific prevailing conditions.

Evgenia Stripe

On the appointment of responsible persons

SAMPLE

Limited Liability Company "Romashka"

Order

dated October 22, 2012 N 125

On the appointment of an authorized person,
responsible for maintaining, storing,
accounting and issuance of work books

In accordance with paragraph 45 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, I order:

1. From 10/22/2012, appoint the head of the personnel department V.V. Romashkin.

2. I reserve control over the execution of the order.

Director General Lyutikov A.V. Lyutikov

Familiarized with the order:

Head of Personnel Department Romashkina V.V. Romashkin 22.10.2012

By company

How to make an order

Such an order must be in writing. This type of presentation is preferable to the oral form of presentation.

In some cases, the form of the order may be established by a legal or by-law, as well as an internal, local document of the company.

If the type of the order form is established by regulatory enactments, then this form must be observed by the compilers, otherwise the accepted document may be invalidated.

As a rule, the analyzed administrative act is drawn up in a single original copy and is subject to storage in the unit that initiated its publication and application. If necessary, copies of such an act can be made in a sufficient number of copies.

If the document is of an internal nature, then the signature of the head can not be certified with a seal. If the order, among other things, is intended for transfer to third parties, then the signature of the head on it can be confirmed by the seal of the organization.

If necessary, the order that has entered into force can be canceled by a similar administrative act.

About taking inventory

Inventory order. Form N 29-NP
Goskomnefteprodukt ________________ Form N 29-NP
________________________ management
_____________________________ tank farm Approved
Goskomnefteprodukt of the USSR
August 15, 1985 No. 06/21-8-446

ORDER
ABOUT INVENTORY
N ________ FROM "___" ____________ 19__

To conduct an inventory in _________________________________
(Company name)

from the financially responsible person(s) __________________________
(Full Name)

An inventory commission is appointed, consisting of:
1. Chairman _________________________________________________

2. members of the commission ______________________________________________
(position, surname, name, patronymic)

Inventory is subject to _____________________________________________
(indicate which values,

______________________________________________________________________
calculations are subject to inventory)

Start inventory suddenly ____________________________
(date, start time)

and finish _______________________________________________________________
Reason for inventory __________________________________________
(indicate: control, shift

______________________________________________________________________
financially responsible persons, revaluation, etc.)

Conduct this inventory in full compliance with
the current instruction on the procedure for conducting an inventory of valuables.
Inventory materials to hand over to the accounting department __________________ not
later ________ hour "___" _________ 19__

Supervisor ___________ _______________________
(signature) (full name)

Chief Accountant ___________ _______________________
(signature) (full name)

On the establishment of the commission

Sample order to create a commission

We bring to your attention such an order for the creation of a commission.

As you can see, this sample order for the creation of a commission combines all of the above characteristics of the form and is a good example of drawing up a document.

When a responsible person is appointed to a particular position, an appropriate order is issued. The document specifies the type of responsibility, as well as the full name and position of the employee. About how to draw up this order, a form and an approximate sample of filling out - right now.

In any enterprise, it is important to establish not only specific job responsibilities, but also their area of ​​responsibility. The division of people into posts is carried out in accordance with the internal rules of the labor schedule, as well as on the basis of confirmed data on their qualifications:

• qualification for a diploma of secondary vocational or higher education;
• data on internal training in the company or information on the passage of courses in third-party organizations (for example, retraining or additional education courses);
• data confirming the successful completion of the qualification exam in accordance with their specialty.

Based on these data, an internal division of responsibilities and a list of related job responsibilities are established:

• electrical safety (in this case, certain categories are assigned that allow a specialist to work with a certain type of electrical equipment);
• fire safety - i.e. responsibility until the occurrence of possible emergency situations associated with a threat to life and health of people and material values;
• preservation of equipment, materials and other property objects from damage and loss (including goods) - liability;
• responsibility for carrying out operations, moving especially valuable things - for example, Money, bank documents, metals, etc.;
• responsibility of people who work for industrial enterprise and directly interact with sources of increased danger: we mean production facilities, hazardous chemicals, as well as special devices for laboratory research.
• responsibility for the protection of working conditions, i.e. maintaining normal workplace performance in accordance with accepted criteria.

Thus, the responsibility is mainly reduced to ensuring safety and material values ​​​​in normal operation, as well as in emergency situations.

Sample 2019

At the legislative level, there is no clearly approved form of an order to appoint responsible persons, regardless of specific positions. Therefore, the organization has the right to independently approve the sample, which must contain the following information:

• the full name of the company (for example, Polet Limited Liability Company), which fully corresponds to the official name;
• date of issue of the order, its number, and full title;
• Name of the responsible person who issued the order to appoint the employee (usually this is CEO, his deputy or employees who perform their duties);
• the preliminary part of the text (preamble), which indicates the main task, a reference to a specific law, on the basis of which the corresponding decision was made;
• its very essence;
• then the signature of the director, sending and seal of the organization is put.

The following example can be used as a sample order for the appointment of a responsible person:

NOTE. The person who is appointed to a new position must put his signature, decrypt the signature and prescribe the position, as well as the date of actual acquaintance with the text. The signature is also put in the register of internal documents of the company, which also records the fact that the order was issued.

An example of a real, completed document:

It is allowed to appoint both one person and the whole team to different positions with the help of one order.

Varieties

Depending on the position to which the appointment of the responsible person is approved, the document may have its own design features. The following are the most common examples.

Appointment of a financially responsible person

These include employees who are directly responsible for property objects, mechanisms, equipment, as well as the safety of documents and funds:

• cashiers, hall controllers, salespeople;
• some employees of banking organizations;
• representatives of the administration who make important financial decisions that affect the development of the organization;
• warehouse workers, as well as all employees who are responsible for the safety of the company's property;
• drivers of vehicles carrying goods and other material assets;
• accounting staff who work with documents of a financial nature.

As a rule, it is written in a separate line that we are talking about financially responsible people. Usually this statement fits into the title of the document.

NOTE. The provisions on liability, possible punishments are always prescribed in individual and collective labor contracts. If these instructions are not available, even the fact of drawing up an order does not entail the acceptance by the employee of liability.

It should be understood that liability is understood as the recovery of funds from him or other measures for the damage caused. In this case, material damage can be caused not only by actions, but also by inaction. The employment contract always prescribes the cases of occurrence and the corresponding measures that are applied as a penalty.

Other cases

All other cases can be conditionally combined into one group. The fact is that the conclusion of additional agreements on liability is provided only in those situations where it is a question of liability. Therefore, if an employee, for example, receives additional responsibilities for maintaining personnel documents, it is enough to reflect this fact only in the order. One example is shown in the figure.

Thus, with the help of it, you can assign any group of duties to a person, for example:

• maintaining, storing, tracking the movement of work books and other documentation related to personnel;
• scheduling vacations, shift schedules, timesheets taking into account working hours, etc.;
• transfer of responsibility from one employee to another or to a group of persons due to vacation, prolonged illness or other reasons;
• obligations to ensure the uninterrupted supply of the enterprise with the necessary materials, raw materials, equipment, etc.

By general rule the document comes into force from the day when the director or other authorized person signs it. Sometimes the text itself contains a mention of the date from which it will come into effect. Then you should focus on this day. However, it is important to keep in mind that in the case of the appointment of financially responsible persons, the order will become legal only after the signing of an additional agreement between the employer and the employee.

The appointment of financially responsible persons (MOL) is regulated by the Decree of the Ministry of Labor No. 85 of December 31, 2002 and is regulated by the Labor Code of the Russian Federation (LC). Professions or positions of such employees should be related to the maintenance of material assets.

To make a decision, it is necessary to check whether the positions in question (or the work performed by employees) are contained in the List approved by the said Decree. This document includes an exhaustive list and serves as the basis for concluding full liability agreements.

In particular, the execution of such an agreement is enshrined in law for professions: cashier, driver, storekeeper and many others. The List includes works related to the storage, transportation, release of goods and materials at bases, warehouses, storerooms, storage areas and any similar units.

Collective responsibility

Article 243 of the Labor Code of the Russian Federation (part 1, paragraph 2) provides for collective (team) liability when the property (material assets) entrusted to the employee have access to a wide range of people directly using them or serving them.

In this case:

• An order is issued at the enterprise on the appointment of an object of collective responsibility, the foreman is appointed by the same order;
• An agreement is concluded with the employees, which is signed by each member of the team. Upon dismissal and acceptance, the document is not canceled or reissued, just opposite the signature of the retired person, a note is made on the date of dismissal and the list of signatures is supplemented with new names.

Competition management

Another problem related to the protection of property often arises in practice at enterprises abandoned by their owners. Unprofitable organizations-debtors, where external management is introduced, are often plundered with insufficient attention to possible risks.

The bankruptcy trustee, in accordance with Article 66 of Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)”, from the moment of introduction, is responsible for the safety of assets and must take steps to protect them. In this case, an inventory and MOT should be promptly assigned.

Careful transfer of property and documentation will help ensure the safety of assets until solvency is restored.

Conclusion

Hiring and appointing financially responsible persons is an important process that should be properly organized and documented. Compliance with legal requirements on this issue will help the company avoid unnecessary problems.

Material liability in the sphere of labor applies to one or the other side of the employment contract, and this applies equally to both employees and employers. Responsible person among employees appointed by order issued by the head freeform or pattern.

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Legislative regulation

For a complete understanding of the essence of mat. responsibility, let's analyze what it is in general - a financially responsible person?

Financially Responsible Persons (MOL)- employees who are financially responsible for the property of the enterprise entrusted to them. That is, in case of damage to property, such employees will reimburse its cost.

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

• on authorized persons who have material liability imposed on them under federal law initially;
• about identifying missing values, which were entrusted to the employee by agreement or by any one-time documents;
• on the intentional infliction by an employee, or when in a state of intoxication property damage;
• about illegal offenses, as a result of which damage to the property of the employer;
• on property damage resulting from improper performance MOL, or complete failure by him to fulfill his direct duties;
• about disclosure sensitive and protected information.

MO is assigned to the employee by the relevant order.

For some positions from the start the state imposes liability. These include the positions of senior persons in the enterprise: the chief accountant, the director of the enterprise, as well as all his deputies.

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

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

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

This document spells out who can be a financially responsible person. The list is a key factor in the conclusion of employment contracts with workers.

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

1. officially approves the authority specific official;
2. consolidates the list property of the enterprise accountable to this person.

At the same time, any There is no standardized form for this document., a template for a document on the appointment of a MOL is currently being drawn up based on all available labor contracts, agreements and agreements signed and conducted with this employee, and based on Articles and 244 of the Federal Labor Code.

The form must contain the following information:

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

Sample order for appointment mat. responsible person:

Actions with the mat responsible person

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

The process of changing or dismissing the MO at their own request is exactly the same as for other employees. It is fully described in chapter 13 of the Labor Code of the Russian Federation.

By law, an employee must apply for resignation for fourteen days. When this period expires, he will be given documents, and will also conduct a cash settlement. According to the law, the dismissal procedure cannot last more than two weeks.

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

Dismissal of MOL without inventory is illegal!

Property of the enterprise retiring or changing employee transfers to another employee, usually from the state, which is fixed by an act of transfer, which is signed by the employees of the organization who participated in the inventory. After that, you can quit without any problems.

Order example to replace MOL:

Compensation for damage

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

You can legally hire an employee two types of liability: limited and full:

Disclaimer

The labor code spells out situations when persons can be exempted from mat. responsibility:

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

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