Failure to provide adequate conditions for accounting and safety of inventory items

It should be noted that the main law for employer-employee relations is the Labor Code.

It establishes that employees or a team of workers bear collective responsibility for values, property, goods, etc., belonging to the employer in the case when they jointly perform a certain type of work and the shares of their responsibility cannot be delimited.

An agreement on collective (team) financial liability is concluded between an employer and an employee, is a written confirmation and agreement that the employer trusts and the team accepts money, marketable products or any other property, works with its use and is fully or partially responsible for him.

Accordingly, this document deals with the rights and obligations of both parties to the agreement. Employees who have not reached the age of majority (18 years) cannot be involved in concluding a contract.

By whom, when and can it be concluded?

Given the specificity of the document, the contract can be drawn up at different times, depending on the situation and the specifics of the work.

  1. Concluding a liability agreement simultaneously with the labor agreement. This is the case when the activities of employees are related to the maintenance of property (cargo carriers, etc.);
  2. Registration of a contract separately or at different times with the labor. That is, the need to work with values ​​did not arise at the time of entering the job, or was associated with a change in position.

In addition, the document can be either separate or part of the employment contract. It is prepared by the employer, and in the case of a separate document, signed in two copies, one of which remains with him, and the other with the foreman.

Copies, most often certified, are distributed to each participant. Responsibility begins from the date of signing.

When there is a change in the foreman or manager, changes are made to the document. The same thing happens when accepting a new member.

Let us mention that, speaking of collective contracts, the contract is standard. Recommendations for its preparation are reflected in Government Decree No. 823 (dated November 14, 2002). In addition, the Resolution approves the list of works and positions to which this applies.

The subject is the collective's acceptance of responsibility (full or partial) for the safety of the property entrusted to it.

This could be: cash, securities, various types of goods (food, cars, building materials, chemicals, furniture, etc.), furniture, equipment, vehicles necessary for carrying out activities, etc.

The same section specifies the obligation to create conditions for the safety of valuables or property entrusted to the brigade. The address (place of work) is also indicated here.

The general provisions introduce terminology and concepts appearing in documents, and also prescribe general rules and features of concluding a document. It could be:

  • The procedure and criteria for selecting a foreman or manager;
  • Characteristics of members. That is, a list or description of those people who are part of the team/team and to whom it applies.
  • Peculiarities of brigade staffing;
  • Conditions for renewing the contract or making changes to it (for example, when changing the foreman, accepting new or leaving old members, etc..).

At the discretion of the employer, other clauses may be introduced that do not relate to the obligations of the parties.

All obligations and rights of the team and the employer are reflected in paragraph “ Duties of the parties" That is they are obliged:

  • Use the valuables/property entrusted to them carefully and accurately, making every effort to preserve it;
  • Inform the employer of all changes, violations and any incidents that threaten damage or loss of valuables;
  • Accounting for balances and reporting on the movement of valuables is also their responsibility. Sometimes the procedure for maintaining records and reporting, and cases (scheduled and unscheduled) of inventory, audits, and inspections are included in a separate paragraph.

These participants have the following rights:

  • Form a brigade/team by changing the foreman or boss, or hire or fire members who, in the opinion of the majority, cannot cope with their responsibilities;
  • Monitor the process of accepting valuable property and take direct part in it;
  • Take part in various types of checks\inventory\audits that relate to the safety of the property entrusted to them or demand that the employer carry them out if necessary.

The employer, in turn, also has enough responsibilities. This:

  • Ensuring working conditions that promote the safety of property for which employees are responsible;
  • Timely and quick response to all messages from the team and changes in conditions that put the safety of valuables at risk;
  • Creating conditions and facilitating the necessary inspections, audits and inventories;
  • Familiarization of members with current legislative acts, changes in them relating to the scope of work of employees and the obligations incumbent on them.

The rights of the employer, as a rule, are not reflected in a separate paragraph.

Depending on the type of activity, additional clauses may be included in this part of the contract.

Cases, grounds and procedures for compensation for damage are reflected in the section “ Compensation for damage».

Only proven direct actual damage resulting from various types of actions/inaction of the team will be considered grounds for recovery. Also, if the damage is caused to third parties towards whom the employer has obligations to compensate, liability cannot be avoided.

Exceptions to recovery from all members of the team/team may be made if a specific culprit is identified, or if it is proven that the team is not at fault.

To identify the reasons, an internal official investigation is used or an examination is carried out.

And the responsibility for compensation falls on all members of the team/team in equal shares.

Additional information may be reflected in the section " Final provisions" It may stipulate the terms for the entry into force of contractual obligations, the number of copies of the document, establish the court to which it will be necessary to apply if it is impossible to resolve disputes peacefully, etc.

At the very end of the document there are details and signatures of the parties. You can download the agreement below:

Written agreements regarding full individual or collective liability are different. For comparison, you can check out.

List of works

These types of work are regulated by the appendix to the 85th Resolution of the Ministry of Labor of the Russian Federation (dated December 31, 2002) and it is when they are performed that in most cases the responsibility of a team or team will be introduced, and full. List of specialties for contracts:


It should be noted that the fact of damage must be documented - an act. It can be drawn up either in the presence of the employer or without it.

Damage can be compensated voluntarily or forcibly, including through court. The collection procedure is regulated by the Labor Code. It may involve deduction of funds from wages or other legal means. The employer also has the right to refuse compensation in whole or in part.

The legislation also introduces full liability for property damage employer, valuables, goods, if the damage was caused intentionally, under the influence of alcohol or drugs. Moreover, in this situation, the age of the employee no longer matters.

True, if the employer suffered losses due to natural disasters (force majeure), normal commercial/economic risks, then it will not be possible to compensate them at the expense of his subordinates. The same situation occurs if the team/team did not ensure the safety of the valuables entrusted to them due to extreme necessity (Article 239 of the Labor Code).

Conclusion

It turns out that concluding an agreement is necessary for people of certain professions. It is a great way to unite the team and establish teamwork.

In addition, this document protects the rights and interests of both the collective of workers and the employer itself, clearly regulating the rights and obligations of all parties to labor relations.

03.09.2019

In organizations whose activities are related to the turnover of material assets, situations arise from time to time in which it is necessary to compensate for damages for damaged or lost property, but it is impossible to find out who is to blame for the current circumstances.

The problem can be solved from the legal side through a conclusion.

Employees who sign such an agreement become responsible for the actions of individual team members.

Concept according to the Labor Code of the Russian Federation

Collective financial liability means a type of compensation to an entrepreneur for losses caused, when all members of the staff are responsible for their consequences without establishing the degree of guilt of individuals.

In such circumstances, the employer completely shifts all responsibility, penalties, and remuneration to the team, without dividing the functions of individual employees.

Collective team responsibility is not the same for everyone.

The amount of damages is not recovered from those employees of the organization who were on sick leave or were added to the staff after the audit.

In general, collective financial responsibility forces personnel to take care of the entrepreneur’s property, as well as to be responsible in situations that could provoke its damage or loss.

Often there is a disapproving attitude towards such obligation. Because completely innocent people have to answer for wrongdoing.

As a rule, general team financial responsibility is used in those teams in which it is impossible to limit the personal responsibility of each employee, where everyone does work related to the turnover of the company’s assets.

Today it is relevant for educational and military personnel, for public catering, commercial enterprises and places of restriction of freedom.

The difference between a brigade and an individual

Collective (brigade) and are different concepts.

When a person gets a job in a department, he individually signs an agreement with the company on collective responsibility only in the case where the scope of his activity does not provide for personal responsibility.

An agreement on the individual financial responsibility of an employee between him and the department management is drawn up if:

  • it is possible to establish the amount of losses caused by its activities;
  • In this way, misconduct can be prevented;
  • an official act or inaction can provoke a property loss;
  • it is possible to prove his guilt.

There is also individual responsibility.

Full individual means a situation in which an employee compensates one hundred percent of the price of property that is designated as unusable or lost.

Limited means a certain amount established by the staffing table, not exceeding the average monthly salary.

If an employee violated one or more articles of the Criminal Code and was convicted according to a court ruling, if he was in an inadequate state when causing losses, planned his crime in advance or carried it out outside of work, then instead of limited liability, full liability may be applied.

Collective financial responsibility means:

  • joint access of all personnel to the organization’s property;
  • the only liability agreement that all members of the unit sign;
  • an indication in the contract of establishing the level of guilt;
  • division of the amount of losses among all employees of the division. This takes into account the amount of individual salary, period of work and special ones;
  • clarification of the factors that determine the likelihood of a reduction in the amount of payments by an individual employee.

The employer is forced to strictly comply with the norms of collective and individual responsibility.

How to install for workers?

Collective financial responsibility can be introduced only to employees of those departments that are associated with the preservation of valuables, their processing, sales, logistics, operation or use.

If it is necessary to establish collective financial responsibility in a company, then the following formula should be followed:

  • It is necessary to make sure that the staff to whom it is planned to entrust material assets is related to the above list of works.
  • The head of the unit must be appointed to his position by means of an order.
  • It is necessary to publish the corresponding .

Everyone who was mentioned in the order must study it in detail.

When establishing liability, the employer must take into account the fact that he practically changes the working conditions. All employees should be notified of such changes a couple of months in advance.

If the participants of the now responsible team agree with these rules, then they must sign an agreement. If some employees do not agree to these conditions, then they can be offered either transfer to another position or dismissal.

Procedure for prosecution for causing damage

If the inventory report noted that the material assets of the enterprise were damaged, then it is imperative to organize an official investigation.

Thus, the employer issues a decree, according to which a special commission is authorized to carry it out.

It should record:

  • perpetrators of the offense: during the investigation, explanatory notes should be taken from the financially responsible persons. If an employee refuses to provide such a note, then it is necessary to draw up a corresponding act;
  • amount of damage: the amount of damages incurred is calculated based on actual losses based on information from accounting records.
    Appendix No. 1. List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual financial liability for shortages of entrusted property Appendix No. 2. Standard form of an agreement on full individual financial liability Appendix No. 3. List of works, with the implementation of which may introduce full collective (team) financial liability for the shortage of property entrusted to employees Appendix No. 4. Standard form of an agreement on full collective (team) financial liability

Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85
"On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial responsibility"

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

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

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

2. To recognize as not valid on the territory of the Russian Federation:

Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of December 28, 1977 N 447/24 “On approval of the list of positions and work filled or performed by employees with whom an enterprise, institution, or organization can conclude written agreements on full financial liability for failure to ensure the safety of valuables transferred them for storage, processing, sale (release), transportation or use in the production process, as well as a standard agreement on full individual liability";

Resolution of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated September 14, 1981 N 259/16-59 “On approval of the list of works for the performance of which collective (team) financial liability may be introduced, the conditions for its application and a standard agreement on collective (team) financial liability” ;

Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of June 22, 1983 N 133/13-53 “On amendments to the resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of September 14, 1981 N 259/16-59”;

Resolution of the State Labor Committee of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated September 26, 1986 N 365/22-37 “On additions to the List of works for the performance of which collective (team) financial liability may be introduced.”

Minister of Labor and
social development
Russian Federation

A.P. Pochinok

Registration N 4171

Collective medical treatment is a form of compensation to the employer for damage caused, when all members of the team are responsible for its consequences, without determining the guilt of individuals.

In this case, the employer shifts obligations, punishments and rewards entirely to the team, without distinguishing the roles of individual employees.

An employee’s individual and collective MO are not the same thing. When starting a job, an employee of a unit individually signs an agreement with the enterprise on general collective obligations only if the nature of his specialty does not provide for personal ones.

Important! Collective responsibility cannot be equal for everyone. The amount of damage will not be charged to employees of the unit who were on sick leave or were hired after an audit.

In general, this type of obligation forces employees to carefully handle the employer’s property and responsibly deal with situations that could lead to its loss or damage.

The agreement on the employee’s personal MO is concluded between him and the enterprise administration in the event:

  • if it is possible to establish the extent of the damage caused by his actions;
  • if this way it is possible to prevent unlawful acts;
  • if an official action or inaction could lead to material damage;
  • if his guilt can be proven.

Individual obligations may be borne by employees of the specialties specified in the list of specialties.

By its nature it can be...

Full individual and collective MO implies that the employee (team) reimburses 100% of the cost of property recognized as unusable or lost, while limited – a certain limit that should not exceed the average monthly salary provided for in the staffing table.

In cases where an employee has violated the Criminal Code and is convicted by a court decision, if the damage was caused by him in an inadequate state, with previously planned intent or outside of working hours, liability limited by a limit can be replaced by full liability.

Team financial responsibility implies:

  • general access of all team members to the property assets of the enterprise;
  • a single agreement on responsibility, signed by all members of the team, department and other units;
  • prescribing in the document a definition of the degree of guilt - the procedure for determining and proving it;
  • distribution of the amount of damage to all members of the unit, taking into account the amount of personal wages, period of work, and special circumstances;
  • prescribing factors that determine the possibility of reducing the amount of payments to individual members.

The employer is obliged to strictly comply with the criteria of individual and collective responsibility.

The grounds regulating the onset of collective labor are set out in the Labor Code adopted on the territory of the Russian Federation.

  • employees who signed the agreement on;
  • employees working shorter hours or part-time work;
  • persons classified as junior service personnel: loaders, watchmen, watchmen, helpers;
  • workers of auxiliary production;
  • students undergoing internship or on-the-job training;
  • employees who came to work after graduating and do not have experience working with material assets.

The legislation does not allow cases where the same employee bears both types of responsibility - personal and team.

Rights of the collective under the full KMO agreement

Full collective (team) financial responsibility.

As a general rule, financial liability is individual. However, in the course of carrying out their activities, organizations may introduce p Full collective financial responsibility.

In what cases can an organization introduce collective (team) financial responsibility?

According to part one of Article 245 of the Labor Code of the Russian Federation, collective (team) financial liability is introduced by the employer if the following conditions exist (at the same time):

1) joint performance by employees of certain types of work (provided for in the Decree of the Ministry of Labor of the Russian Federation of December 31, 2006 No. 85) related to the storage, processing, sale (release), transportation, use or other use of the valuables transferred to them,

2) the impossibility of delimiting the responsibility of each employee for causing damage and concluding an agreement with him on compensation for damage in full.

The procedure for establishing collective (team) material liability is set out in Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) material liability, as well as standard forms of agreements on full liability."

Appendix No. 3 to the said Resolution contains a list of works during the performance of which full collective (team) financial liability for the shortage of property entrusted to employees may be introduced:

Work: acceptance and payment of all types of payments; for settlements during the sale (sale) of goods, products and services (including not through a cash register, through a cash register, without a cash register through a seller, through a waiter or other person responsible for making payments); servicing vending and cash machines; for the production and storage of all types of tickets, coupons, subscriptions (including subscriptions and food vouchers) and other signs (documents) intended for payments for services.

Work related to the implementation of: depository activities; examination, authentication and other verification, as well as destruction in the prescribed manner of banknotes, securities, forms issued by a credit or other financial organization and/or the Ministry of Finance of Russia; transactions for the purchase, sale, permission to pay and other forms and types of circulation of banknotes, securities, precious metals, coins made of precious metals and other currency values; cash transactions when servicing ATMs and servicing clients who have individual safes in the vault, recording and storing valuables and other property of clients in the vault; operations for the issue, accounting, storage, issuance and destruction of bank, credit, discount cards, cash and other financial services to customers, for counting, recalculating or generating cash and currency values; collection functions and transportation (transportation) of cash and other valuables.

Work: on the purchase (reception), sale (trade, release, sale) of services, goods (products), preparing them for sale (trade, release, sale).

Work: on acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, sites, in other organizations and divisions; on equipment of passenger ships, carriages and aircraft; for servicing the residential sector of hotels (campsites, motels, etc.).

Work: to receive cultural and household items and other material assets from the population for storage, repair and to perform other operations related to the manufacture, restoration or improvement of the quality of these items (valuables), their storage and the performance of other operations with them; for the rental of cultural and household items and other material assets to the population.

Work: receiving and processing for delivery (escort) of cargo, luggage, postal items and other material and monetary assets, their delivery (escort), issuance (delivery).

Work: manufacturing (assembly, installation, adjustment) and repair of machines and equipment, instruments, systems and other products produced for sale to the public, as well as parts and spare parts.

Work: purchase, sale, exchange, transportation, delivery, forwarding, storage, processing and use in the production process of precious and semi-precious metals, stones, synthetic corundum and other materials, as well as products made from them.

Work: raising, fattening, keeping and breeding farm and other animals.

Work: on the production, processing, transportation, storage, accounting and control, sale (purchase, sale, supply) of nuclear materials, radioactive substances and waste, other chemicals, bacteriological materials, weapons, ammunition, components for them, explosives and other products (goods) prohibited or restricted for free circulation.

Before the adoption of this resolution, Order No. 1283 of the USSR Ministry of Health of December 18, 1981 was in force, which approved the list of works for the performance of which collective financial liability could be introduced.

Appendix No. 4 to the above resolution specifies the standard form of an agreement on full collective (team) financial liability:

Standard form of agreement
on full collective (team) financial responsibility

(name of company)

(Full Name)

or his deputy _____________, acting on the basis of ___________,

(last name, first name, patronymic) (charter, regulations,

Powers of attorney)

on the one hand, and members of the team (team)___________________________

________________________________________________________________________,

(name of workshop, department, department, farm, site, other

Divisions)

hereinafter referred to as “team (team)”, represented by the leader

Collective (foreman) ___________________________________________________

(last name, first name, patronymic; position held)

have entered into this Agreement as follows.

I. Subject of the Agreement

The team (team) takes over the collective (team)

financial liability for failure to ensure the safety of property,

entrusted to him for _____________________________________________________,

(name of type of work)

as well as for damage incurred by the Employer as a result of compensation by him

damage to other persons, and the Employer undertakes to create a Team (team)

conditions necessary for the proper fulfillment of accepted obligations under

this Agreement.

II General provisions

2. The recruitment of the newly created Team (team) is carried out on the basis of the principle of voluntariness. When new employees are included in the Team (team), the opinion of the Team (team) is taken into account.

3. Management of the Team (team) is entrusted to the head of the Team (foreman).

The head of the Team (foreman) is appointed by order (instruction) of the Employer. In this case, the opinion of the Team (team) is taken into account.

In the temporary absence of the head of the Team (team leader), his duties are assigned by the Employer to one of the members of the Team (team).

4. When the head of the Team (team leader) changes or when more than 50 percent of its original composition leaves the Team (team), this Agreement must be re-signed.

5. This Agreement is not renewed when individual employees leave the Team (team) or new employees are admitted to the Team (team). In these cases, the date of his departure is indicated against the signature of the retired member of the Team (team), and the newly hired employee signs the Agreement and indicates the date of joining the Team (team).

III. Rights and obligations of the Team (team) and the Employer

6. The team (team) has the right:

a) participate in the acceptance of entrusted property and exercise mutual control over the storage, processing, sale (release), transportation or use of entrusted property in the production process;

b) take part in inventory, audit, and other verification of the safety of the property entrusted to the Team (team);

c) get acquainted with reports on the movement and balances of property entrusted to the Team (team);

d) if necessary, demand from the Employer to conduct an inventory of the property entrusted to the Team (team);

e) notify the Employer about the recusal of members of the Team (team), including the head of the Team (team leader), who, in their opinion, cannot ensure the safety of the property entrusted to the Team (team).

7. The team (team) is obliged to:

a) treat the property entrusted to the Team (team) with care and take measures to prevent damage;

b) in accordance with the established procedure, keep records, draw up and promptly submit reports on the movement and balances of the property entrusted to the Team (team);

c) promptly notify the Employer of all circumstances that threaten the safety of the property entrusted to the Team (team).

8. The employer is obliged:

a) create for the Team (team) the conditions necessary to ensure the complete safety of the property entrusted to the Team (team);

b) timely take measures to identify and eliminate the reasons that prevent the Team (team) from ensuring the safety of the entrusted property, identify specific persons responsible for causing damage, and bring them to responsibility established by law;

c) familiarize the team (team) with the current legislation on the financial liability of employees for damage caused to the employer, as well as with other regulatory legal acts (including local ones) on the procedure for storage, processing, sale (vacation), transportation, use in the process of production and other operations with the property transferred to him;

d) provide the Team (team) with the conditions necessary for timely accounting and reporting on the movement and balances of the property entrusted to it;

e) consider the validity of the request of the Team (team) to conduct an inventory of the property entrusted to it;

f) consider in the presence of the employee the recusal stated to him and, if the recusal is justified, take measures to remove him from the Team (team), decide the issue of his further work in accordance with the current legislation;

g) consider reports from the Team (team) about circumstances threatening the safety of the property entrusted to it, and take measures to eliminate these circumstances.

IV. Procedure for maintaining records and reporting

9. Reception of property, accounting and reporting on the movement of property is carried out in the prescribed manner by the head of the Team (foreman).

10. Scheduled inventories of property entrusted to the Team (team) are carried out within the time limits established by the current rules.

Unscheduled inventories are carried out when there is a change in the head of the Team (team leader), when more than 50 percent of its members leave the Team (team), as well as at the request of one or more members of the Team (team).

11. Reports on the movement and balances of property entrusted to the Team (team) are signed by the head of the Team (foreman) and, in order of priority, one of the members of the Team (team).

V. Compensation for damages

12. The basis for bringing members of the Team (team) to financial liability is direct actual damage directly caused by the Team (team) to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons.

13. The team (team) and/or member of the Team (team) are released from financial liability if it is established that the damage was not caused by the fault of the members (member) of the Team (team).

14. Determination of the amount of damage caused by the Team (team) to the Employer, as well as the procedure for its compensation are regulated by current legislation.

15. This Agreement comes into force on _____________________ and is valid for the entire period of work of the Team (team) with the property entrusted to it from the Employer.

16. This Agreement has been drawn up in two copies of equal legal force, one of which is kept by the Employer, and the second by the head of the Team (foreman).

Addresses of the parties to the Agreement: Signatures of the parties to the Agreement:

Employer ________________ ________________________

Team Leader (Foreman) __ _______________________

Members of the Team (team) __________ _______________________

Date of conclusion of the Agreement ____________

Print location

Is it necessary to use a standard contract form?

As follows from part one of Article 244 of the Labor Code of the Russian Federation, agreements on full financial liability must be concluded in writing. But should they be drawn up strictly according to standard forms approved by the Russian Ministry of Labor, or can standard forms be used as a basis for the development of specific contracts? The answer to this question is not contained in the Labor Code of the Russian Federation and still remains one of the most unclear.

On the one hand, Part 4 of Article 426 of the Civil Code of the Russian Federation specifically states that in cases provided for by law, the Government of the Russian Federation may issue rules binding on the parties when concluding and executing public contracts (model contracts, regulations, etc.). The government, by introducing standard forms of agreements on full liability, pursues the goal of protecting the employee from the arbitrariness of the employer. Thus, according to contracts on liability, which were developed in the 90s in various organizations, an employee could be left without wages at any time, collecting it as damages. The Labor Code of the Russian Federation changed this idea by establishing, in part two of Article 244, the provision that standard forms of agreements on full financial liability are approved in the manner established by the Government of the Russian Federation. Since these samples are approved by a regulatory legal act (resolution of the Russian Ministry of Labor), they are mandatory.

On the other hand, the standard contract itself states that: “17. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.»

Consequently, if in practice it is necessary to clarify or supplement certain provisions of the contract, the parties can do this both when drawing up the contract and by concluding an additional agreement to the contract. However, so that labor inspectors do not have questions regarding compliance with the standard form, the specific contract must contain the mandatory terms of the standard contract (supplemented or modified in accordance with the specific situation).

Is it necessary to issue an order for the introduction collective (team) financial responsibility?

To establish collective (team) financial responsibility, in addition to the conclusion contract, the employer must issue an order introducing this type of liability.

This requirement is specified in the standard contract form in section II "General provisions":

« 1. The Employer’s decision to establish full collective (team) financial liability is formalized by order (instruction) of the Employer and announced to the Team (team).

The Employer's order (instruction) to establish full collective (team) financial liability is attached to this Agreement.»

If a standard form of a liability agreement is used as a ready-made form, then an order establishing liability allows you to describe those issues that were not reflected in the contract. And if the standard form was used as the basis for concluding a specific agreement, then the order will contain much fewer provisions.

In any case, the order must reflect the following:

Sufficient grounds for establishing collective (team) financial liability (one of the types of work specified in Appendix No. 3 to Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85 with a description of the specific situation);

On the formation of a team (team) indicating the surnames, first names, patronymics, and position of each member of the team;

On the appointment of a team (team) leader;

On concluding an agreement on full collective (team) financial responsibility;

Issues related to the introduction of a special form of accounting and reporting;

Question about the appointment of a deputy team leader.

The order must be familiarized to the members of the team (team), as indicated in paragraph 1 of the standard form, according to which the employer’s decision to establish full collective (team) financial liability must be announced to the team (team).

Sample order:

Order N76

In connection with the implementation of work on acceptance for storage, storage, accounting, release of material assets (mineral fertilizers) at the base No. 1 of Progress LLC, located at the address: Orel, Selskokhozyaystvennaya str. 3, and guided by the Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85 and the Labor Code of the Russian Federation,

I order:

1. Form a team to carry out work on acceptance for storage, storage, accounting, and release of mineral fertilizers, taking into account the opinions of employees, consisting of:

Storekeeper Semyon Antonovich Petrov;

Storekeeper Natalia Ivanovna Dorokhova;

Storekeeper-weigher Volobuev Ivan Ivanovich.

2. Appoint S.A. Petrov, Storekeeper, as the team leader.

3. Conclude an agreement with the team on full collective financial responsibility.

4. Establish a general procedure for maintaining records and reporting, in accordance with the concluded agreement.

5. In the absence of the team leader (vacation, illness), the rights and responsibilities of the leader are assigned to N.I. Dorokhova.

6. Familiarize the team members with this order.

Reason: Consent of Petrov S.A., Dorokhova N.I., Volobuev I.I.

General Director of Progress LLC