They wanted to conclude an agreement with the team on full property liability. The team consists of crane operators, slingers, foreman, senior slinger. Our enterprise is engaged in repair of a pipe. The duties of slingers and crane operators include loading and unloading pipes on machines for the needs of the Customer. The crane operators and the foreman refuse to sign the contract, arguing that they are not responsible for the pipe. How can we legally force them to sign the contract and what procedure do we need to follow?

Answer

It is impossible to conclude an agreement on liability with a crane driver, since such a position is not in the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the lack of entrusted property. With regard to the master, it is possible to conclude an agreement on liability if he is a master of construction and installation work(which does not follow from the question). From the conditions of the question it follows that the employees will perform the duties of loaders (loading and unloading). And with loaders (and in relation to their duties) it is impossible to conclude an agreement on liability, since these works and positions are not included in the List.

Agreements on full liability can be signed only with those employees and for the performance of such types of work that are provided for in the List of positions and works. Such explanations are given in the Letter of Rostrud dated October 19, 2006 No. 1746-6-1 .

From the Ruling of the Supreme Court of the Russian Federation of November 19, 2009 No. 18-В09-72 it follows: the legislation provides for specific requirements, under which the employer can conclude a written agreement with an individual employee on full liability, a list of positions and works in the performance of which such agreements can be concluded , mutual rights and obligations of the employee and the employer to ensure the safety of material assets transferred to him under the report. Failure to comply with the requirements of the law on the procedure and conditions for concluding and executing an agreement on full individual liability may serve as a basis for releasing the employee from the obligation to compensate for the damage caused through his fault in full size more than his average monthly salary. The inconsistency of the position and the work performed with those specified in the List indicates that an agreement on full liability cannot be concluded.

The list is not subject to extended interpretation. In addition, in paragraph 3.7 of the Order of the Ministry of Commerce of the USSR dated 19.08.1982 No. 169 of the Instruction on the procedure for applying in state trade the legislation governing the liability of workers and employees for damage caused to an enterprise, institution, organization (valid to the extent that it does not contradict the Labor Code of the Russian Federation) It is expressly stated that the composition of teams with collective financial responsibility cannot include: junior service personnel, loaders, auxiliary (transport) workers, watchmen.

The rationale for this position is in the materials of the "Personnel System".

« With which employees can I conclude an agreement on full liability

Agreements on full liability can be concluded not with all employees, but only with those who:

• directly serve or use money (goods) or other property belonging to the organization;
• have reached the age of 18;
• their position or work is among those that allow the conclusion of such an agreement.

The list of positions and works with which it is possible to conclude written agreements on full liability is approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

It is unlawful to conclude agreements on full liability with employees whose positions are not provided for by the List approved by Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. The courts take a similar position (see, for example, the appeal rulings of the Irkutsk Regional Court dated July 24, 2013 No. 33-5868/13
and the Supreme Court of the Republic of Khakassia dated July 24, 2013 No. 33-1736/2013).

How to introduce collective (team) responsibility

Collective (team) liability can be introduced in the following cases:

• if employees perform any work together;
• if it is difficult to distinguish between the responsibility of each of them for the safety of property (for example, several employees (security guards, drivers) are responsible for the storage or transportation of goods);

if the relevant works are included in the list of works for which collective responsibility can be introduced (Appendix 3 to the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85). This procedure is specified in part 1 of article 245 of the Labor Code of the Russian Federation.

Team responsibility can be introduced, for example, for employees who are engaged in delivery ( courier services), for sellers, loaders, storekeepers, etc. Often it is introduced by organizations that repair household appliances, provide laundry, dry cleaning services, carry out transportation and delivery of goods.

To introduce brigade responsibility, you need to:

• issue an order establishing brigade responsibility and familiarize employees with the new procedure;
• conclude an agreement on collective liability with the relevant group of employees.

The basis is Article 245 of the Labor Code of the Russian Federation.

Issue the order of the head and familiarize the employees with it under the signature. Let each employee write on the order “I am familiar with the order” and put a signature. In the order, the leadership of the team (team) is assigned to the head of the team (team). In this case, the leader does not have to be the head of the department. When appointing a manager, the opinion of all employees of the team should be taken into account (clause 3 of Appendix No. 4 to the Decree of the Ministry of Labor of Russia of December 31, 2002 No. 85). It should be noted that the head of the team (team) only manages the team, and responsibility for damage caused to the employer lies with each member of the team (Article 245 of the Labor Code of the Russian Federation). Standard form of an agreement on collective responsibility approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85”.

professional reference system for lawyers, in which you will find the answer to any, even the most difficult question.

The first thing you need to pay attention to is that to draw up a sample collective liability agreement - the right of the employer, not his obligation.

And this right really helps him avoid many financial losses caused by the fault of his employees.

So, to make it clearer, let's take a single team, where all the workers perform common work, which can lead to damage, damage to the goods, its loss.

And it is not possible to share responsibility for everyone.

Most often this is the scope cashiers, sellers, storekeepers, catering workers and other professions whose activities are related to material values.

Reference! The list of specialties for collective liability agreements, which may be assigned, is stipulated in Art. 243 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Article 243. Cases of full liability

Liability in the full amount of the damage caused is assigned to the employee in the following cases:

1. When, in accordance with this Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of the employee's labor duties.
2. Lack of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document.
3. Intentional damage.
4. Causing damage in a state of alcoholic, narcotic or other toxic intoxication.
5. Causing damage as a result of the criminal actions of an employee established by a court verdict.
6. Causing damage as a result of an administrative offense, if such is established by the relevant state body.
7. Disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws.
8. Causing damage not in the performance of work duties by the employee.

Liability in the full amount of the damage caused to the employer can be established by an employment contract concluded with the deputies of the head of the organization, the chief accountant.

According to the results of the inventory, for example, a shortage or damage to the goods is detected. If there is an agreement on full collective liability (the form can be found below), damage is shared by all employees equally or, by agreement between the members of the brigade, equivalent to guilt. If the employee does not agree with the penalty imposed on him, then sum damages determined by the court.

Compilation rules

Collective liability agreement is a document that is compiled additionally to an employment contract. It can be concluded with him, as well as later, when employees have liability.

Let's take a look at how collective liability is made, the contract has basic rules.

First, this is what labor Relations, which are concluded in writing between employees and the employer on compensation to the latter for material losses.

Only applies to employees who turned 18.

And they do use and serve the values ​​that are the subject of the contract.

Secondly, this is that the agreement on full collective brigade liability is voluntary with all members of the workforce.

Thirdly, the collective brigade agreement on liability should point to material values for which the team is responsible.

Fourth, in order to remove responsibility from any employee, he must prove one's own innocence.

Fifth, if the damage caused by the fault of the team is compensated voluntarily by employees, then the amount of compensation set jointly by workers. If, with the disagreement of one of the employees, litigation is necessary, then the amount of compensation is already establishes the court.

Sixth, an agreement on material team responsibility must be signed by each employee on which it is assigned.

What is included in the CMO and what is its content?

How to make a KMO? What form of agreement on collective liability must be mandatory, and what is optional?

Reference! Before entering into such an agreement, it is necessary to general meeting choose a leader(team leader) of the team (team).

We repeat once again that treaty on full collective liability (a sample can be downloaded at the end of the section) must be signed by all responsible employees voluntarily.

This is about mandatory items. Also in KMO, at the request and agreement of the parties, you can make responsible for non-main material assets necessary for the implementation of activities (consumables, household goods, office supplies, equipment).

What is needed for the conclusion?

Collective material liability (sample contract) can be concluded if there is:

• employee's employment contract;
• rules adopted within the organization governing labor relations;
• job description;
• an order to introduce a full CMO;
• order on the appointment of the head of the organization - the foreman of the team;
• order to open an enterprise;
• minutes of the team meeting.

What happens if the agreement is not signed?

Quite often it happens that employee refuses to sign an agreement on full collective liability (the form is above), explaining this by the fact that does not want to be responsible for the mistakes and misdeeds of colleagues.

In this case, according to Art. 232 and 245 of the Labor Code, a responsibility for wealth issued as a separate from employment contract document. When the workflow involves the fulfillment of duties by all members of the team, then only standard contract on collective liability.

If one of the employees is against this or does not want to sign and fulfill an agreement on full material team responsibility, the employer must offer such employee other vacancies.

Labor Code of the Russian Federation, Article 232. The obligation of a party to an employment contract to compensate for the damage caused by it to the other party to this contract

A party to an employment contract (employer or employee) that has caused damage to the other party shall compensate for this damage in accordance with this Code and other federal laws.

An employment contract or written agreements attached to it may specify the liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee may not be lower, and the employee to the employer - higher than provided for by this Code or other federal laws.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by this Code or other federal laws.

Labor Code of the Russian Federation, Article 245. Collective (brigade) liability for damage

When jointly performed by employees certain types work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, a collective (team) may be introduced material liability.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team).

Under an agreement on collective (brigade) material liability, valuables are entrusted to a predetermined group of persons who are fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.

If the offered vacancies to the employee do not like or there are no other specialties, then the employer has the right terminate business relationship with this employee (Article 77 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1. Agreement of the parties (of this Code).
2. The expiration of the term of the employment contract (of this Code), except in cases where the employment relationship actually continues and none of the parties has demanded its termination.
3. Termination of the employment contract at the initiative of the employee (Refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code).
4. Refusal of an employee to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code).
5. Refusal of the employee to transfer to work in another locality together with the employer (Part one of Article 72.1 of this Code).
6. Circumstances beyond the control of the parties (of this Code).
7. Violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

So, the collective liability agreement: what is it and what is it for? As you can see, this type of agreement is able to resolve many disputes that arise between employees and their employer. The main thing to consider all risks and discuss possible ways to resolve conflicts.

To learn more about collective liability, see the following video:

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

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

The individual and collective MO of an employee are not the same thing. Entering a job, an employee of the subdivision individually signs an agreement with the enterprise on general collective obligations only if personal ones are not provided for by the nature of his specialty.

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

In general, this type of obligation makes employees take care of the employer's property and deal responsibly with situations that may lead to its loss or damage.

An agreement on a personal MO of an employee is concluded between him and the administration of the enterprise in the event:

• if it is possible to establish the amount of damage caused by his actions;
• if so it is possible to prevent wrongful misconduct;
• if official action or inaction can lead to material damage;
• if his guilt can be proven.

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

By its nature, it can be and.

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

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

Team liability means:

• general access of all members of the team to the property values ​​of the enterprise;
• a single liability agreement signed by all members of the team, department and other units;
• prescribing in the document the determination 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, 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 governing the offensive of the collective MO are set out in the Labor Code adopted on the territory of the Russian Federation.

• employees who signed an agreement on;
• workers employed on a reduced working day or part-time work week;
• persons classified as junior service personnel: loaders, watchmen, watchmen, helpers;
• auxiliary production workers;
• students who are undergoing internship or on-the-job training;
• employees who came to work after graduation and do not have experience in working with material assets.

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

The rights of the team under the agreement on the full KMO

Standard form of an agreement on full collective (brigade) liability

________________________________________________________________, (name of the organization) hereinafter referred to as the "Employer", represented by the head _____________________ last name, first name, patronymic) or his deputy _____________, acting on the basis of ___________, (last name, first name, patronymic) (charter, regulation, power of attorney) on the one hand, and members of the team (team) _____________________________________________________________, (name of the workshop, department, department, farm, site, other subdivision) hereinafter referred to as the “Team (team)”, represented by the head of the Team (team leader) __________________________________________________ (last name, first name, patronymic; position held ) have concluded this Agreement as follows.

I. Subject of the Agreement

The team (team) assumes collective (team) liability for failure to ensure the safety of the property entrusted to it for ___________________________________________________________, (name of the type of work) as well as for damage incurred by the Employer as a result of compensation for damage to other persons, and the Employer undertakes to create a Team ( brigade) the conditions necessary for the proper fulfillment of the obligations assumed under this Agreement.

II General provisions

1. The decision of the Employer to establish full collective (team) liability is formalized by order (instruction) of the Employer and announced to the Collective (team).

The order (instruction) of the Employer on the establishment of full collective (team) liability is attached to this Agreement.

2. The staffing 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. The leadership of the Collective (team) is assigned to the head of the Collective (team leader).

The head of the Team (foreman) is appointed by order (instruction) of the Employer. At the same time, the opinion of the Collective (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. In the event of a change in the head of the Team (foreman) or in the event of leaving the Team (team) more than 50 percent of its original composition, this Agreement must be renegotiated.

5. This Agreement is not renegotiated upon leaving the Team (team) individual workers or admission to the Collective (team) of new employees. 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 Collective (team) and the Employer

6. The team (team) has the right:

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

b) take part in the inventory, audit, other verification of the safety of the state of the property entrusted to the Collective (brigade);

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

d) in necessary cases, require the Employer to conduct an inventory of the property entrusted to the Team (team);

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

7. The team (team) is obliged:

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

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

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 the conditions necessary for the Collective (team) to ensure the complete safety of the property entrusted to the Collective (team);

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

c) to acquaint the Team (team) with the current legislation on the 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 implementation of 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 question of the validity of the requirement of the Collective (team) to conduct an inventory of the property entrusted to it;

f) consider in the presence of the employee the challenge declared to him and, if the challenge is justified, take measures to remove him from the composition of the Team (team), decide on his further work in accordance with applicable law;

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

IV. Accounting and reporting procedures

9. Acceptance of property, keeping records and reporting on the movement of property is carried out in accordance with the established procedure by the head of the Collective (foreman).

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

Unscheduled inventories are carried out when the head of the Collective (team leader) changes, when more than 50 percent of its members leave the Collective (team), and also at the request of one or more members of the Collective (team).

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

V. Indemnification

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

13. The Collective (team) and/or a member of the Collective (team) shall be released from material liability if it is established that the damage was caused through no fault of the members (member) of the Collective (team).

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

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

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

17. Changing the terms of this Agreement, supplementing, terminating or terminating it are carried out by written agreement of the parties, which is an integral part of this Agreement.

Remember that such an agreement is concluded with all responsible persons working for

09/20/2018 , Sasha Bukashka

An agreement on collective liability is an agreement between the employer and employees of the organization, concluded not individually with each employee, but with a group. This is done when it is not possible to delineate the responsibility of each individual person. Such a sample contract will be useful not only to the store manager, but also to the ordinary workers themselves, especially the seller in the brigade management structure, because you need to know in advance what they will force you to sign!

Collective liability is a common practice. This allows you to protect the safety of the company's property. we will give a sample agreement on full collective liability in the article (an illustration and a file for download), but first it makes sense to discuss the content and purpose of this document. Well, let's get started.

In what cases is a collective liability agreement drawn up?

An agreement on full collective brigade liability is concluded, in accordance with Art. 245 of the Labor Code of the Russian Federation, in cases where values ​​are entrusted to a group of employees, and they perform joint work. That is, it is not possible to outline the boundaries of the individual guarantee of each employee, and it is impossible to establish a specific culprit in causing damage.

Purposes of concluding such an agreement according to the law:

• determination of the boundaries and scope of responsibility of the entire team for the entrusted material values;
• establishing a scheme and procedure for compensation for damage, taking into account the fault of each employee.

Thus, if one employee is entrusted with material values, for example, a seller, then he answers individually and concludes with him. If the whole team is allowed to store, transport, process, sell, it is necessary to draw up a team agreement. Otherwise, the employer will face the problem of establishing guilt, and the solution of the issue can become very complicated, even if it is considered in court (labor disputes are among the most difficult, according to judicial practice).

So, the store employees, the list of which is available in this brigade document, are responsible to the employer for the loss and damage to the entrusted property and are obliged to compensate for the full material damage, this is directly stated Labor Code, it will be possible to avoid liability only if a particular seller proves his innocence.

Sample Collective Liability Agreement 2018

This text is quite universal (recall that you can download the full file to fill in at the end of the article). That is, if you need a collective liability agreement (a sample for a store), then take this one and add your unique details. You can also see standard form Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85, there is also a sample agreement on collective responsibility, it is similar to ours.

With whom can such an agreement be concluded

The already mentioned Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85 approved a list of works for which collective responsibility can be introduced. It:

The contract cannot be concluded:

• If an individual liability agreement has already been concluded with the employee,
• with junior service personnel(loaders, cleaners, watchman and so on),
• with employees under the age of 18,
• with interns (students), as well as with young specialists for the first year of work.

The form of a collective liability agreement is usually typical, and it rarely contains details specific to a particular area of ​​the national economy. Because the purpose of the document is to establish responsibility, and not to describe the nature of the work.

Now let's figure out how to compose your sample collective agreement about liability.

How to draw up a collective liability agreement

If you need to develop a sample agreement on brigade liability, you must not forget about the mandatory items that should be listed in it. Actually, for such a document, an indication of the boundaries of brigade responsibility is more important. The name of a specific point (for example, a store) where sellers carry out their functions is not necessary, especially since the place of work may change on the orders of the head. The structure of the brigade agreement includes much more important points.

Management aspects of such a document:

• inclusion in the brigade on a voluntary basis;
• taking into account the collective opinion when appointing a foreman;
• the procedure for replacing an absent foreman;
• if the composition of the brigade changes by half or more, the agreement is renegotiated;
• when a new member is added to the team, changes are made to the agreement.

Mandatory conditions on rights and obligations:

• the team of sellers is obliged to ensure the complete safety of the property, the employer creates the necessary conditions for this;
• the team promptly reports all situations that threaten the trusted values, the leader reacts accordingly;
• the foreman keeps records of property and changes in its quantity, the employer creates conditions for this.

The head of the enterprise also assumes the obligation to inform employees about all changes related to property, and to take into account the opinion of old-timers when forming a team.

Sellers also have the full right to participate in work activities related to the entrusted property: get acquainted with documents, acts, orders, require an inventory, check the control system in accordance with their official duties subject to the obligatory observance of the order of subordination. There should be a separate clause about this in the team agreement.

The decision to establish full collective liability must be recorded by an order or instruction in the organization. Employees must be familiarized with it against signature.

Damage recovery procedure

The procedure for bringing to collective responsibility has its own characteristics established by law.

1. A commission is formed to investigate the case.
2. The brigade's guilt is established and the damage is recorded (calculated).
3. A causal relationship is established between the actions of workers and damage. It must be established that there are no exclusionary circumstances, such as negligence on the part of management in enforcing storage rules, etc.
4. Explanatory notes are requested from all parties to the collective responsibility agreement.

All these facts are carefully analyzed, and if the guilt of the team is proven, then the employees will be required to compensate for the losses of the organization. They are distributed in proportion to hours worked and salary.

We remind you that this article is about collective responsibility. That is, for example, if you are asked to sign a “sample agreement on the collective liability of the seller”, then this is actually a meaningless set of words, since it is already clear from the name itself that the seller cannot personify brigade guilt, he is not a scapegoat , right? Below we provide an example of collective liability, which is concluded immediately with a group of sellers. This is the essence of collective responsibility.