There is no specially developed, unified form of order for the appointment of a responsible person (or several). Each organization has the right to independently develop such a form or write it in free form. It should be borne in mind that this order is part of a package of administrative documentation, which in addition to it includes a decision on the appointment of responsible persons and a job description containing a full description of the employee’s duties, as well as the sanctions that follow for their failure to fulfill them. The employee must put his signature under the last document, which will indicate that he has read and agrees with it.
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Who appoints the responsible person
Depending on the situation, either the head of the enterprise or, if the organization is large, the head of a structural unit can choose the person responsible among the personnel. The order is filled out by a HR specialist or secretary. After registration, the order is submitted for signature to the manager or another person authorized to sign such documents.
An employee appointed as a responsible person may be responsible for material assets, technical or fire safety, labor protection, work at high-risk facilities, etc.
In large companies, entire specialized departments are created, whose employees are busy controlling all internal areas of the enterprise. In small companies, the head of the organization can take full responsibility, but this order is also necessary for this.
Making changes to documents
In the event of the dismissal of one employee or his replacement with another, the employer draws up documents on the change of the financially responsible person.
However, that's not all. When changing responsible persons, very often employers forget to draw up one important document: an act of acceptance and transfer of inventory items for storage. Without drawing up this document, if a deficiency is discovered in the future, it is impossible to prove the guilt of the person responsible.
Form of the act of acceptance and transfer of inventory items for storage
Before issuing an order
Most often, the order implies the assignment of responsibility for labor protection. This is due to the fact that providing personnel with safe conditions when performing work duties is one of the first conditions for the legal functioning of an enterprise, especially those engaged in the manufacturing industry.
Before drawing up a document imposing such obligations on subordinates, they should be given a course of appropriate training.
In the future, certificates, certificates, etc. documents confirming the qualifications of employees must be attached to the order appointing responsible persons. It is important to remember that such documents are usually valid for no more than five years, so from time to time employees will have to undergo re-certification, and at the expense of the enterprise.
If responsibility is assigned to material assets, then before the employee signs such an order and assumes all risks, an inventory of the property must be completed, since in the future the person will be responsible for its safety.
How to assign responsibilities
Employers have the right to appoint persons responsible for carrying out certain work by a separate order. The responsibility of individuals is established for a specific area of activity within a division or the entire enterprise. For example, employees are appointed responsible for:
- for labor protection;
- fire and electrical safety;
- safety of material assets (material liability), etc.
There is no unified form for management orders: the form of the order to appoint a responsible person is free. But the employer is limited in the choice of such persons in areas of professional activity. This limitation is due to legal requirements. For example, an employee who:
- completed training in the appropriate program;
- confirmed knowledge in a qualifying exam and received a state document (diploma);
- complies with the professional standard of a labor protection specialist.
The situation is similar with fire and electrical safety.
Current example of an order appointing a person responsible for electrical safety:
Material liability
Unlike other types, financial responsibility is extended to all personnel of the enterprise. The scope of such liability is limited to the average monthly earnings of the employee or is established within the framework of the obligation to compensate for the full amount of damage caused (lost profits are not subject to recovery).
Any financial liability is established by an agreement (individually concluded with the employee or collective). The list of positions (works) of employees with whom the employer enters into agreements on full financial liability is approved by Resolution of the Ministry of Labor dated December 31, 2002 No. 85. This list includes:
- cashiers and cash handlers;
- employees, including management personnel, carrying out depository activities, etc.
The heads of the organization and their deputies, chief accountants may bear full financial responsibility, the provisions of which are prescribed in their employment contracts.
Here is an example of how to correctly appoint responsible persons by order:
The employee’s financial liability means his obligation to compensate the employer for the damage that the employee caused to the organization as a result of his guilty actions (or inaction).
Material liability is assigned to the employee in full (Article 243 of the Labor Code of the Russian Federation) in the following cases:
- shortage of valuables received on the basis of a written agreement or a one-time document;
- intentional infliction of harm;
- causing harm while intoxicated;
- committing a crime or administrative offense established by a court verdict or the relevant government body;
- disclosure of confidential information;
- causing damage not during the performance of work duties (after the end of working hours).
This means that even if an employee quits or goes to prison for guilty actions, he is still obliged to compensate the employer for the damage he caused.
Before recovering damages from a specific employee, the employer is obliged to organize and conduct an inspection in order to establish the amount of damage caused. To conduct such an inspection, the employer creates a special commission, during which it is necessary to obtain written explanations about the incident from the guilty employee. In case of refusal or avoidance of providing explanations, the commission must draw up a report in free form. Without these documents, recovery of damages is impossible.
ConsultantPlus experts discussed how to draw up an additional agreement to an employment contract on the performance of duties of a temporarily absent employee. Use these instructions for free.
Order cap
The order on the responsible person has a completely standard structure.
In the “header” of the document the full name of the enterprise is written, indicating its organizational and legal form (CJSC, OJSC, LLC, individual entrepreneur). Then the locality in which this enterprise is located is indicated, as well as the date the order was filled out (day, month, year).
Just below you need to write the type of document (in this case it is an order) and its number according to internal document flow. The following briefly describes the essence of the order and for what purposes it was created. Then, lower in the center of the line, write the word “I order” and put a colon.
How to draw up an order for the appointment of responsible persons Order No. 1: on the organization of military registration
The order on the organization of military registration at the enterprise and the appointment of persons responsible for this is mandatory for all employers. This, in particular, is stated in paragraph 22 of the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the Armed Forces on July 11, 2017. However, the legislation does not provide restrictions on the number of employees responsible for this process. In addition, by virtue of clause 12 of Government Decree No. 719 of November 27, 2006, in an organization that employs less than 500 people, one part-time employee can be responsible for military registration. The main thing is that the person responsible for military registration is appointed by order of the enterprise. The absence of this document is a violation for which Article 21.1 of the Code of Administrative Offenses of the Russian Federation provides for a fine of up to 1000 rubles.
Body of the order
The second part of the document contains more detailed information. All workers who are responsible for compliance with certain production conditions are included here. In particular, the type of responsibility is indicated, as well as their full surnames, first names and patronymics (first and patronymic names can be entered with initials). A separate paragraph must also indicate the persons who, in the absence of responsible employees at the workplace, will replace them. The last paragraph should indicate a complete list of documents that employees must follow to fulfill the requirements for monitoring the area of responsibility.
Finally, the order must be signed by the manager, as well as the seal of the organization. If the organization has a trade union, then it must be noted.
How to create an order
A draft order for the appointment of responsible persons is prepared by the manager or authorized representative who is entrusted with these obligations. Before assigning responsibilities to employees or the person in charge, it is necessary to clearly understand how to draw up the document correctly so that no points are missed.
Filling rules:
- Initially, it is worth stipulating that the order for the appointment of responsible persons must correspond to the model specified in the regulations on office work.
- The order to appoint a responsible person must first be worked out, that is, all the norms and rules of industrial safety and labor protection, ecology and other areas must be studied. Next, you need to analyze what areas employees should be responsible for.
- The order to appoint the head of a division is issued on the initiative of the general director.
- It is recommended to draw up an order for the appointment of workers based on the types of responsibility assigned: full or limited, collective or individual.
Attention! The list of responsible persons of the organization may be issued by a separate order for the unit.
You can learn how to draw up an order to appoint a responsible employee or person from the ConsultantPlus system.
Filled document
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After writing the order
Employees who have been assigned responsibility for any part of the production process by a special order, from the moment it is signed, must conduct briefings with colleagues, bring to the attention of personnel safety rules, various internal regulations, etc. Among other things, they are required to keep a special log conducting training, where employees who have completed it must sign. Periodically, they must also monitor employees’ knowledge of labor protection and safety rules at work.
Scope of the document
The scope of this order is very broad and can affect a wide variety of areas of activity. First of all, this concerns the appointment of financially responsible persons, as well as workers responsible for fire and electrical safety of the enterprise, labor protection, operational safety of facilities classified as high-risk, and many others.
- Appointment of financially responsible persons. This order appoints an official who bears direct financial responsibility. The document is drawn up in writing, and its content must be communicated to the reporting employee. The latter then signs an order on his appointment and acceptance of financial responsibility and personally indicates the date of review. This order may be issued in any convenient form. For example, contain a list of values for which the official is responsible. In addition, this document may contain links to other documents. In particular, in cases where a financially responsible person is appointed as part of a contract or a certain stage of work.
- Fire safety of the organization's property. This order is issued to ensure the personal responsibility of a specific employee or employees for fire safety of the property of an organization or enterprise in the course of performing their professional activities.
- Occupational health and safety at work. To solve problems in the field of organizing work (at a specific enterprise) regarding labor protection and safety, an order is issued to appoint a responsible person. As a rule, engineering and technical workers who have undergone special training and successfully passed certification are appointed to this position. This must be confirmed by a copy of the examination protocol and the relevant certificate. Persons responsible for occupational safety and health at work must:
- Have a certain electrical safety clearance group (higher or the same as that of subordinates).
- Be administrative workers.
- Complete training and pass the relevant exams.
- Advanced training and retraining. An order to appoint a person responsible for retraining and advanced training of enterprise employees is usually adopted as part of the implementation of internal programs. Along with this document, the structure of the training center is usually determined, and corresponding programs are developed.
- Turnover of particularly valuable items. This administrative form of a document makes it possible to document the responsibility of an official or persons for the circulation of especially valuable items. Most often this is used in enterprises associated with the manufacture and sale of jewelry, as well as in industries where rare and expensive materials are used.
- Turnover of foreign currency and securities. Documentation of the turnover of securities and foreign currency is typical for banking organizations, as well as companies whose activities are related to the securities market.
- Use of sources of increased danger, etc. Responsible for the use of sources of increased danger may be appointed persons who have the appropriate clearance and have completed the necessary training and preparation. The order for their appointment is issued by the head of the enterprise with mandatory notification to the appointee. After review, the accountable person must sign the document and indicate the current calendar date.