Agreement on full collective financial responsibility

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Appendix No. 4 to the resolution of the Ministry of Labor and Social Development of the Russian Federation dated December 31, 2002 No. 85

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How to draw up a financial liability agreement

You can draw up a liability agreement in the event of situations requiring the recovery of damages from employees using a standard form. The legislation does not provide a universal form for filling it out. Organizations have the right to change its content to suit their own needs.

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A standard example agreement should contain the following information:

1. Full name of the organization indicating the form.
2. Full name of the person who has the authority to draw up such documents. Details of the document on the basis of which they were provided to him.
3. Full name of the citizen and the full name of the position he holds.
4. The main obligations of the employee.
5. The main obligations of the enterprise.
6. Algorithm and rules for carrying out measures to assess the value of damage caused to property.
7. A clause on the release of an employee from liability if his guilt in the incident is absent or has not been proven.
8. The clause on the entry into force of the agreement from the moment it is signed by both parties.
9. The number of existing official copies of the document.
10. An algorithm for adding new clauses to agreements and adjusting existing content.
11. The final part of the document contains the names of all persons appearing in the document (representative of the organization and employee), and their handwritten signatures.

The standard list of employee obligations includes:

• careful handling of work property;
• timely notification of the immediate superior about various circumstances, failure to respond to which may lead to damage to property and cause danger;
• keeping records of the movement of products, cash and other valuables (if this is provided for by the direct job responsibilities of a citizen);
• timely conduct of audits, inventories and other procedures to verify the integrity of property.

Standard list of obligations of the employing organization:

• creating high-quality working conditions for citizens;
• familiarization with legislative and local regulations;
• timely conduct of inventories and audits;
• responding to messages from an employee about the occurrence of circumstances requiring management intervention.

IMPORTANT! If the manager ignored the notification of the situation, which resulted in damage to property, then the employee is fully released from financial liability.

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Material liability

The definition of financial liability sounds like one of the possible types of legal liability between the parties to employment agreements.
The purpose of the document establishing it is to regulate the obligation to pay damage caused by one party in relation to the other. As a rule, damages from the employee are compensated by the employer. To correctly draw up a document, you need to know the conditions for the occurrence of financial liability. The grounds for engaging an employee are actions during which the following factors were discovered:

• illegality of performance or non-performance;
• causing direct financial or material damage to the organization’s property;
• the presence of an investigative link between the employee’s actions and the resulting damage;
• the presence of guilt, intent or negligence, as a result of which damage was caused to the employer’s property.

The procedure for imposing an obligation to pay for damage caused to entrusted property implies the need to conduct an investigation by a specially assembled commission with the drawing up of a protocol, on the basis of which an assessment procedure for the cost of damage caused is carried out and an incident report is issued.

Types of liability

Liability under the contract may include several types:

• individual;
• full;
• collective.

The forms differ from each other in the collection algorithm, the number of persons involved and other parameters.

You may be interested in: The procedure for employee compensation for material damage

The rules and requirements for bringing individuals under the obligation to compensate for damage caused to property are regulated by the provisions of Article 244 of the Labor Code. When such an agreement is concluded, the offending employee is charged the full amount of damages. Such a document can only be concluded with employees who have reached the age of majority and whose work duties involve the use or maintenance of money or other valuables.

An agreement on full liability, just like the previous version, can only be concluded with financially responsible persons over eighteen years of age. Its difference from the individual one is that in certain situations, in order to carry out the procedure for collecting damages, it is not necessary to draw up additional documentation and carry out procedures certifying the fact of guilt. These include situations where damage is caused due to:

• intentional performance or failure to perform actions;
• employee intoxication with alcohol or drugs;
• discovery of secrets protected by law;
• criminal acts;
• administrative violations;
• fulfillment or non-fulfillment of direct official obligations.

If at least one of the above facts is discovered, the citizen is found guilty without additional examinations and by the commission and is subject to penalties.

The collective obligation to pay for the damage caused occurs on the basis of an agreement on liability with a group of people. As a rule, in such cases there is an even distribution of collection amounts, but the document may prescribe shares of fines for specific individuals. As a result of this, for example, a larger amount of damage may be recovered from the group leader than from the employees.

Recommended reading: Disciplinary action

The document in question may be concluded with a citizen or a group of persons, each of whom is over 18 years of age. At the same time, they must work at the enterprise on the basis of an officially concluded labor or civil employment agreement.

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Features of the law

Collective responsibility on the territory of the Russian Federation is established on the basis of Article No. 244 of the Labor Code of the Russian Federation. Corresponding contracts can be drawn up only with those employees who are engaged in the implementation of the list of work activities specified in the Resolutions of the Russian Ministry of Labor.

The agreement in question can be concluded with a team of employees of the warehouse division of the enterprise, since they fulfill the obligations provided for in the special List.

Among the works it is worth highlighting:

• acceptance of various cargoes for temporary or long-term storage;
• processing or manufacturing of certain products;
• accounting;
• issuance of material assets in favor of interested parties.

A sample collective liability agreement cannot be prepared for sellers of goods or services. In such situations, a separate agreement on individual liability is often required.

If the damage caused is detected by the employer, then the law states that the following operations must be performed:

1. Document the amount of damage caused.
2. Request clarification from all team members about what happened.
3. Establish the causes of collective damage and identify the direct connection with the fulfillment of job obligations on the part of existing employees.

The damage that is subject to compensation from the work team is distributed to each member of the work team in proportion to the monthly salary. More detailed information about this is contained in paragraph No. 7.3 of the Rules of the Ministry of Labor of the Russian Federation.

From the point of view of established judicial practice, this calculation procedure is considered completely fair. This is reflected in the Decision of the Moscow City Court in case No. 33-16601 of June 29, 2010.

According to Part No. 4 of Article No. 245 of the Labor Code of the Russian Federation, the quantitative indicator of the guilt of each employee is determined on the basis of an individual agreement formed between all members of the team and the direct employer. The head of the company is obliged to draw up a separate document, which will clearly indicate the actual amount of compensation.

Sample agreement on full financial liability sample 2021

Please note: before signing an employment contract, the employee must be familiarized with the local regulations. Including the Regulations on bonuses (Article 68 of the Labor Code of the Russian Federation). In such a situation, the employee can only decide whether he agrees with such a remuneration system or not. An agreement on full individual financial responsibility can only be concluded with employees who occupy certain positions.

Therefore, in this situation, an agreement on full financial liability can be concluded solely to ensure the financial liability of the forwarder. Liability may extend to cases of loss of property entrusted to the forwarder, that is, to goods accompanying the forwarder, to which the vehicle has nothing to do.

Agreement on full individual financial responsibility of the cashier seller

1.1. An employee holding the position of a seller, performing the duties of a cashier and performing work on the sale of food products directly related to the storage and sale (dispensing) of valuables transferred to him in the established manner, assumes full financial responsibility for failure to ensure the safety of material valuables entrusted to him and in connection with as stated above undertakes:

2.1.2. Familiarize the Employee with the current legislation on the financial liability of employees for damage caused to the Employer, as well as with the current instructions, standards and rules for the storage, acceptance, sale (release) of material assets transferred to him;

Agreement on joint and several liability sample

The team (team) assumes collective (team) financial responsibility for failure to ensure the safety of property entrusted to it for work on the reception, storage and release of goods (name of type of work), as well as for damage incurred by the Employer as a result of compensation for damage by others persons, and the Employer undertakes to create for the Team (team) the conditions necessary for the proper fulfillment of the obligations assumed under this Agreement.

A joint stock company can be created by establishing again and by reorganizing an existing legal entity (merger, division, spin-off, transformation). The decision to create a company by incorporation is made by the constituent assembly. Such a decision must contain the voting results of the founders and the decisions they made on the issues of establishing the company, approving the charter, electing the company’s management bodies, and the audit commission (auditor) of the company. Having made a decision to create a joint-stock company, its founders, in accordance with Article 9 of the Federal Law “On Joint-Stock Companies,” are required to conclude a written agreement among themselves, which is not the constituent document of the company.

What is this document for?

When the work of personnel is related to the maintenance of inventory items, an agreement on collective liability (CLR) is concluded. Why is this being done? In order for people to be responsible for the property that they temporarily dispose of.

In case of damage or loss, they are obliged to compensate the company for losses. There are two options here:

• partial compensation is provided in the general case. Responsibility is limited only by the salary level of each employee;
• Full damage compensation covers 100% of the damage, regardless of income received. Such requirements are established by Art. 242 and 243 of the Labor Code of the Russian Federation.

Remember that a full MO agreement cannot always be signed. This can be done if employees:

• directly service valuables and funds belonging to the enterprise;
• have a suitable position;
• over 18 years old.

Concluding an agreement on collective liability is appropriate when performing joint work related to the storage, sale, transportation or processing of inventory items. Allows you to distribute responsibility between people who jointly perform work.

According to Art. 245 of the Labor Code of the Russian Federation, the entire procedure involves going through several stages:

1. Issuing an order from the manager to assign responsibility to a certain group of employees.
2. Familiarization with interested parties against signature.
3. Concluding an agreement on collective responsibility.