The performance of official duties related to material assets requires separate documentation. An employee who accepts responsibility for valuables bears obligations for their safety.

An agreement on financial liability must be concluded between the employer and the employee. The enterprise issues an order appointing a person and the range of his duties.

The order has no legal force to determine a person's liability. Only an agreement can be the basis for the employee to acknowledge responsibility and be willing to cover the shortfall when it is identified.

Algorithm for hiring a financially responsible person

The category of financially responsible persons is determined by the type of work. Exception to admission the position is under age. Until the age of 18, a financial liability agreement cannot be concluded. In the absence of an agreement, a claim for a shortage can only be made in the amount of the employee.

Material liability occurs during the performance of work:

• Receiving and issuing funds.
• Conducting transactions for the purchase and sale of goods and their storage.
• Acceptance for storage of material assets and participation in other similar work.

The legislation establishes a list of works performed by financially responsible persons. At the enterprise, the list must be confirmed in the collective agreement, signed by the employees or their representative and the trade union body (if there is one at the enterprise).

Employer has the right to independently supplement the list of positions with financial responsibility and approve the list:

• An independent local act.
• Include it in the provisions of the collective agreement.
• Secure with an order for the enterprise.

Separate instructions must be developed for each position.

Assignment Rules

The procedure for hiring a person for a position with financial responsibility does not differ from the employment of other employees. The employee must submit it to the head of the enterprise. After the employer's approval, a conclusion is made.

Before signing the employment agreement, the employee must be familiarized with conditions:

• job description;
• collective agreement.

Additional documents are signed by the employee after concluding an employment contract.

The order to appoint a financially responsible person is concluded after all documents have been completed and is also presented to the employee against signature.

In labor records management accepted agreement :

1. Individual full financial responsibility. If damage is identified that was caused by an employee, the shortfall is covered by the employee alone and in full.
2. Collective form of responsibility. The amount of damage is distributed among all employees with equal participation in the performance of duties. The contract is not concluded if there is an incomplete schedule.

Only one type of contract can be concluded with an employee. Before accepting valuables at the site, it will be necessary to carry out and determine the balances, the transfer of which is carried out under the act. Otherwise, it will be quite difficult to prove the damage.

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When drawing up an order on individual responsibility points must be entered:

1. Standard data for orders - name of the enterprise, number, date of the document, place of preparation and its name: “order of appointment...”.
2. Last name, first name, patronymic and position of the full-time employee.
3. Brief description of material assets and responsibilities for their safety.
4. The start date of financial responsibility (may not coincide with hiring).
5. Information about the person who signed the document - position, surname, initials, signature.

Responsibility for drawing up an order entrusted to the personnel body, but it is signed only by the head or the person replacing him by order.

The order must be presented to the employee for review, about which at the end of the document he makes a note with a signature, date and decoding of the data.

If a person is included in the list of persons with collective financial responsibility, an addition is issued to the previously issued order. A link to the main document is published in the text of the order. A new version of the order is not being made due to the need to comply with the dates from which the time of responsibility of each employee is counted.

Accounting and storage of this document

The order is stored for a period determined by each employer independently.

The order can be issued in 2 copies, one of which is archived for 5 years, the second is attached to the agreement on liability and is stored for the entire duration of the agreement.

For information about the financial responsibility of employees, see the following video:

An order document related to the appointment of a person responsible for labor protection at the enterprise is included in list of required papers, therefore it is used in all companies without exception. Typically, the position is taken by the person in charge of the department responsible for the safety of subordinate employees.

The procedure includes several nuances that must be followed, otherwise there is a possibility of getting fine and problems with the law.

The course of action of management depends on the specific situation, namely, whether there is an active specialist in the organization or absent.

1. The company does not have an occupational safety specialist. The management team is based on Art. 217 Labor Code of the Russian Federation. His representative selects one employee from among managers and specialized specialists and assigns him to this position, assigning a number of tasks. This outcome of events should be considered only if the organization has up to 50 people performing duties. If the staff is larger, you need to ensure the creation of an entire service or hire a new person.
2. The company already employs such a specialist. If a professional has already been hired, and the structure involves a large number of departments, workshops, warehouses, then each of them has its own employee responsible for labor protection (hereinafter - OSH). This obligation is prescribed not only within the framework of the employment agreement and job description, but also in the relevant order.

A responsible employee can be appointed in both situations, regardless of who exactly performs the functions of the OT service.

Who can be appointed

If the state consists of less than 50 units, service creation is optional. A general director or other specialist from middle management is appointed for execution.

Hiring rules, training features and job responsibilities are regulated by the Labor Code of the Russian Federation, as well as Rostrud Resolutions.

The choice of the responsible specialist depends on the characteristics of the organization’s activities.

Once a specialist has been hired, within a month he undertakes to undergo special training in accordance with the training program.

If he has specialized education or work experience of at least 5 years continuously, then training takes place within a year from the date of entry into the position. Subsequently, advanced training is carried out as needed, but at least once every three years.

At the end of the course it is passed exam, and is given a certificate stating that his knowledge has been verified.

Basic documents

All activities related to occupational safety are carried out on the basis administrative and reporting papers. The preparation of the first group of documents is carried out at the stage of company formation. They include:

• orders;
• job descriptions;
• provisions related to the organization of the labor process;
• OT instructions;
• fire safety briefings;
• management orders.

It should also be taken into account that, in accordance with the Labor Code of the Russian Federation, some administrative acts regarding the rights and guarantees of employees cannot be done without taking into account the opinions of trade unions or other authorized services. As part of the application of administrative acts, first of all, the following persons are appointed to positions: the following persons:

• an official responsible for creating safe working conditions;
• employees responsible for safety in certain areas of the company;
• representatives of the state whose area of ​​competence includes the company’s electrical facilities;
• other specialists, in accordance with the requirements and standards of industry instructions and standards.

Concerning documentation accounting group, then it includes papers reflecting work in the field of labor protection:

The general procedure for appointing a specialist to a position is as follows: in the following way:

1. Selecting a suitable candidate.
2. Order formation and assignment.
3. Completing training events.
4. Beginning of work duties.
5. Periodic professional development.

The employee expects to receive supplements to the basic salary. Also, an auxiliary agreement on appointment to a new job is drawn up in addition to the employment contract. As you can see, within each company there is a huge amount of paperwork regulating labor protection and personnel safety.

Who creates

The process of writing an order is the responsibility of any employee who has a certain level of knowledge, skills, and qualifications. It is important that the compiler has general and specific understanding of labor and civil law, and also mastered the intricacies of office work.

More often, this obligation is included in the immediate work tasks of the lawyer, if there is one. If there is no employee, the function is assigned to the representative of the HR department, the secretary. In any case, regardless of who was involved in drawing up the document, it must be transmitted to signature to the manager, otherwise the document has no legal force.

Design rules

Due to the absence of any standard unified form, the document is filled out in free order. However, there should not be any particular difficulties. Moreover, a ready-made template can be developed within the enterprise, but it must be approved in the accounting policy.

It is imperative that a document of such a plan contain materials:

• detailed information about the organization itself;
• order number and date on which it was drawn up;
• responsible person for labor protection (full name, position);
• a complete list of options that it has.

If necessary, the specialist drawing up the document can provide links to other applications. The document can be drawn up by hand or electronically using the company’s letterhead.

Be sure to give the paper for signature to the manager and the persons mentioned in it. It is not necessary to make a certification by seal, since since 2016 the law exempts from this. Compilation occurs in a single copy.

Sample order

General form order to appoint a person in charge:

1. At the beginning, the name of the company is indicated in the center, and in the line below the name of the document is written - “Order”, its number.
2. The locality of registration of the company and the date of formation of the paper are noted.
3. Go to the main part. It is indicated what basis this process has - we are talking about fulfilling the conditions of the Labor Code of the Russian Federation in the field of labor protection.
4. The “body” of the order, which contains the details - responsible persons, a list of their responsibilities, payment terms, replacement employees.

After this, the document is sent to the manager for his signature.

Is it possible to do without it?

For all organizations, the presence of an order is compulsory. Only individual entrepreneurs with a small staff of up to 10-15 people and, in some cases, companies with up to 50 people are exempt from compiling it.

In other cases, the absence or irrational use entails administrative and criminal liability. Hence the conclusion is that enterprises are free to draw up this paper based on their own developed template, but cannot do without it. Moreover, a list of other required papers is attached to this document.

What conclusion can be drawn

Thus, ensuring safe working conditions is the direct responsibility of the employer to each employee. Appointing a responsible person is one of the fundamental measures to solve this problem.

Hiring a new employee or combining the duties of an occupational safety specialist with the main position of an existing employee is confirmed by a special document - order appointing an occupational safety specialist. It must be drawn up without fail and certified by the signature of the general director.

Established by order.

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

The document serves as the basis for attracting a person to the Ministry of Defense when it is not possible to differentiate it between employees.

However, the law recognizes a liability agreement as the basis for prosecution.

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 points:

1. Name of the organization (its full name).
2. Who issues the document? Full name, position, as well as data from documents that confirm his right to establish the obligations of employees.
3. Next is the establishment of the Moscow Region. This section details the responsibilities of those for whom it is installed.
4. List of employees responsible. Their positions and personal details (full name) must be listed.
5. The order must be signed by the manager or the person who issued the document.

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

Establishing liability falls within the competence of the employer.

Order for the financially responsible person can be drawn up and signed by both the employer himself and his authorized employee. For example, a designated manager.

Important point. It is necessary to distinguish between an order to establish and an order to attract to the Ministry of Defense.

The first only establishes it in relation to certain employees, while the second imposes a penalty in the event of liability, determining its order, size, and timing.

We talked above about what this document should include. Now let’s take a closer look at the question of how to write an order appointing financially responsible employees.

The following information is entered into the form:

Regulations on the Ministry of Defense

The provision on financial liability of employees is a document designed to regulate legal relations in an organization, insofar as it concerns established liability for damage caused.

The regulation defines:

1. What is meant by MO.
2. Types of obligations existing in the organization.
3. To whom does it apply?
4. How to install.
5. When it occurs.
6. Refund procedure.
7. Forms of agreements, contracts with financially responsible persons for each type of medical organization.

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

Important! The Regulations are approved by the organization's council(trustee, board of directors), if there is one. It is put into effect by order of the head.

The provision consists of several parts.

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

The full name of the organization must be indicated, which normative acts the Regulations relate to.

Then follow the general provisions of the document:

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

The next part reveals the concepts of MO, its types existing in the organization. With which employees an agreement is concluded on one or another type of liability. Definitions of species 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 type are considered separately, including age, types of damage, presence or absence of an agreement on international relations.

It explains what working conditions should be created for the financially responsible person. How is control over its activities exercised?

The next section, the article, specifies the conditions for the offensive. These include:

• employee's fault;
• direct damage;
• the connection between it and the employee’s actions;
• illegal behavior.

A definition of each of the above concepts is given, and the procedure for establishing them.

The next part determines the amount of damage and how it is compensated. It is stated that compensation for damage is determined by a separate agreement with the employee. It is determined how it occurs voluntarily and how it occurs compulsorily. Actions in case of employee refusal, pre-trial and judicial decisions are explained.

Attention! Pregnant cases where liability does not arise must be described, even in the event of damage. For example, self-defense. If it is proven that the employee defended himself, then even if there is damage, punishment does not occur.

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

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

She can be either full or limited.

Responsibility arises only when conditions corresponding to it exist.

Which ones, inherent in one or another species, must be described in the Regulations. Based on it, an order on the MOL is drawn up.

• employees have reached the age of 18;
• they directly service or use monetary, commodity values ​​or other property;
• lists of works and categories of such workers are provided for by Resolution of the Ministry of Labor dated December 31, 2002 No. 85.

It must be borne in mind that the conclusion of such agreements is the right, not the obligation of the employer. At the same time, it is generally impossible to recover full damages from employees who meet the above conditions, but with whom financial liability agreements have not been concluded.

An order for a financially responsible person, a sample of which the organization can develop itself, is not a mandatory document. However, it often precedes the immediate conclusion of contracts on liability. The order for the appointment of a financially responsible person (a sample is given below) usually contains a list of positions and even specific full names. employees with whom such agreements are to be concluded, the need to conclude agreements on full financial responsibility is justified, and the date from which full financial responsibility will be assigned to the employees is indicated. The order is transmitted for review to the financially responsible persons to whom it applies. For an order to change the financially responsible person, a similar sample can be used.

Order imposing financial liability: sample

We will provide a sample from 2017 for an order on the financial responsibility of an employee.

Order on full financial liability:

This order should not be confused with an order to bring to financial liability, a sample of which the employer also develops independently. Let us remind you that an order to hold an employee financially liable is a mandatory document on the basis of which damages not exceeding the employee’s average monthly earnings are recovered. Such an order must be issued no later than 1 month from the date of final determination of the amount of damage (Part 1 of Article 248 of the Labor Code of the Russian Federation). We talked in more detail about the procedure for bringing an employee to financial responsibility in a separate article.

The head of the company can issue orders in order to resolve operational issues. Below you can find a sample of such an order. As a rule, such a document concerns the interests of only a small number of employees, and its validity is limited.

You can prepare and execute an order in almost the same order as similar actions regarding, in addition, it makes sense to read the article on the order. These questions have already been discussed in detail on our resource, and you can easily find the information you are interested in. Therefore, we will not repeat ourselves, and if necessary, you can familiarize yourself with the data using the above links to the relevant publications.

In this article we will talk about how orders are drawn up and executed. Since the procedure for working with these documents is similar to the actions carried out with orders, we will discuss only the differences.

Orders are issued on a special. The first part of the text of this document should contain a statement of the reasons that served to compile the document. It is customary to end this part of the text with the word “oblige” or “offer”, written on a new line or in capital letters, that is:

I OBLIGATE

I SUGGEST

It is also allowed to print these words in space and in continuation of the line. In documents of federal authorities, such writing is mandatory. That is, in this way: I am obligated or I propose, and then comes the main text. Documents can also be drawn up without these words. In this case, the first part should end with a regular colon, and then go directly to the administrative part of the document.

We present to your attention a sample order form.

CLOSED JOINT STOCK COMPANY "Toronto"

(Toronto JSC)

ORDER

Mytishchi

About replacing the registration plate on a Ford Focus company car

Due to the poor readability of registration plates on the Ford Focus, which complicates their identification,

I OBLIGE:

1. Driver Petrakov I.Yu. arrange for a replacement registration plate on a Ford Focus car No. C 284 ET.
2. Accountant Molitvin G.L. make changes to the accounting data based on the mark in the vehicle passport of this car.
3. Control over the execution of the order is entrusted to the head of the support department, L.A. Bryansky.

Nizhnekamsk

On the appointment of persons responsible for motor transport and the release of cars onto the line in technically sound condition

To ensure the safety, good technical condition of vehicles and their trouble-free operation, the following is obligatory:

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

Borodkina E.S. for Honda Civic car No. B 089 OR,

Shumsky N.T. for the Mitsubishi Lancer car No. E 987 RA.

1. In case of official need, grant the right to drive these vehicles to the following employees of the procurement department:

Markov G.A. cars Honda Civic No. B 089 OR, Mitsubishi Lancer No. E 987 RA,

Chelishchev A.D. car Honda Civic No. B 089 OR.

1. Appoint procurement department specialist G.A. Markov, in his absence, procurement department specialist A. Chelishchev, as responsible for carrying out the annual technical inspection of these vehicles, releasing vehicles into service in technically sound condition, as well as registering the vehicles of Banana Grove CJSC with the traffic police. D.
2. The orders of CJSC Banana Grove dated November 17, 2011 No. 62 “On the appointment of a person responsible for the Honda Civic”, dated March 3, 2012 No. 17 “On granting the right to drive a Mitsubishi Lancer”, are declared invalid.
3. Control over the implementation of this order is entrusted to the head of the procurement department V.V. Palchikov.

We are confident that the proposed examples of orders will help you easily draw up your own document, in accordance with the specific conditions of your organization.