Step-by-step procedure for terminating a liability agreement early upon dismissal - sample agreement

Is early termination possible?

Early termination is permitted if a person leaves the company or is transferred to another position. Let's assume that a cashier salesperson is transferred to the position of an accountant.

It is necessary to conclude an agreement with him on the termination of the contract on material liability, since the employee will no longer be responsible for the safety of the goods and received funds.

You can terminate the contract for any other reasons. For example, an employer, on his own initiative, decided to release an employee from liability.

Then, an additional document is issued. an agreement to the employment contract that the provision on financial liability no longer applies to the specified position.

If such a document was concluded with the employee, but his work and position are not included in the special list of Resolution No. 85, it cannot be considered valid.

Therefore, the employee has the right to demand cancellation of the document by application. If the employer does not agree to comply with the requirement, you can go to court with a statement of claim.

Step-by-step termination procedure.

Termination of the agreement on full individual financial liability

Section 3. Procedure for concluding a liability agreement

An agreement on liability can be concluded, as noted earlier, only with a person who has an employment relationship with the organization. The employment relationship begins from the moment the employment contract is concluded. In accordance with Article 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between an employer and an employee, according to which the employee undertakes to personally perform the labor function determined by this agreement, subject to the rules of internal labor regulations, and the employer - to pay the employee wages in a timely manner and in full and to provide conditions labor provided for by labor legislation, collective agreement and agreement of the parties. It should be noted that in the new edition of the Labor Code of the Russian Federation, introduced by Federal Law No. 90-FZ of June 30, 2006, which comes into force on October 6, 2006, the employer can be either an organization or a private entrepreneur.

An employment contract is concluded in writing. Hiring is formalized by an order (instruction) of the organization's administration, which is presented to the employee against signature, and actual admission to work is the moment the employment contract is concluded, regardless of whether the hiring was properly formalized or not.

If an employer wishes to enter into a liability agreement with an employee, he must check whether such a desire satisfies the conditions already discussed above, such as:

• The employee has an employment relationship with the organization;

• The employee has reached the age of eighteen;

• The employee is directly related to the maintenance, storage, release, processing or use in the production process of material assets entrusted to him or the storage and maintenance of funds.

• The position of the employee or the work performed by him is contained in the List of positions and work replaced or performed by employees, approved by Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85 “On approval of the lists of positions and work replaced or performed by employees, with whom the employer can enter into written agreements contracts on full individual or collective (team) liability, as well as standard forms of contracts on full liability.” The list is closed.

In practice, it is possible that all the conditions for imposing financial liability are met, but the employee refuses to enter into an agreement on full financial liability. In this case, there are all grounds for imposing a disciplinary sanction on the employee in connection with failure to fulfill labor duties in accordance with Article 192 of the Labor Code of the Russian Federation. In case of repeated failure by an employee to fulfill his job duties without good reason, the employee may be dismissed under paragraph 5 of Article 81 of the Labor Code of the Russian Federation. To do this, the employer must document the fact that the employee was notified of the employer’s desire to enter into a liability agreement and the fact that the employee refused to sign it.

For example, you might suggest composing a notice with the following content:

The form of the agreement on full individual liability is given in Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85, which can be used in its standard form, or supplemented or modified depending on the specifics of the organization. In particular, the contract can establish additional requirements for the equipment of the premises where valuables are stored, for example, requirements for temperature conditions in storage areas, additional locks, etc.

It should be noted here that explanations regarding the application of disciplinary sanctions in the event of an employee’s refusal to enter into an agreement on financial liability were given by the Plenum of the Supreme Court of the Russian Federation in paragraph 36 of Resolution No. 2 of March 17, 2004. It, in particular, stated that “with permission disputes arising in connection with the application of disciplinary measures to employees who refused to conclude a written agreement on full financial responsibility for the shortage of property entrusted to employees (Article 244 of the Labor Code of the Russian Federation), in the case where it was not concluded simultaneously with the employment contract, it is necessary to proceed from next.

Is early termination possible?

Early termination is permitted if a person leaves the company or is transferred to another position. Let's assume that a cashier salesperson is transferred to the position of an accountant.

It is necessary to conclude an agreement with him on the termination of the contract on material liability, since the employee will no longer be responsible for the safety of the goods and received funds.

You can terminate the contract for any other reasons. For example, an employer, on his own initiative, decided to release an employee from liability.

Then, an additional document is issued. an agreement to the employment contract that the provision on financial liability no longer applies to the specified position.

If such a document was concluded with the employee, but his work and position are not included in the special list of Resolution No. 85, it cannot be considered valid.

Therefore, the employee has the right to demand cancellation of the document by application. If the employer does not agree to comply with the requirement, you can go to court with a statement of claim.

Upon dismissal

One of the most common situations for terminating a liability agreement is the termination of the dismissal of the financially responsible person.

These contractual documents provide for the condition that liability extends to the time the employee works in the company.

Therefore, when property is transferred to an organization or another person, financial liability ceases to apply.

At the time of dismissal of a person, an agreement on swearing. responsibility is also terminated.

However, if it later turns out that damage was previously caused, the employer has every right to demand compensation for the damage caused by the employee.

Only he will have to prove that the misconduct was committed at the time of the contractual relationship, that is, before the moment of dismissal.

You can receive compensation in two ways: voluntarily, or recover it through a judicial authority by filing a claim.

How to terminate correctly?

Termination requires the execution of a special agreement. It is compiled after reconciling the balances of the entrusted property. For this purpose, an inventory is carried out and a report is drawn up.

If the parties have no claims, the agreement is signed in two copies.

One copy remains with the employer, the second with the employee.

Step-by-step termination procedure:

• Step 1. An inventory is assigned and members of the commission are determined.
• Step 2. An inventory is carried out.
• Step 3. Based on the results of the inspection, an inventory sheet is drawn up.
• Step 4. An agreement to terminate the mating agreement is drawn up. responsibility.
• Step 5. The direct transfer of tangible property is carried out; for this purpose, a transfer and acceptance certificate is drawn up based on the previously carried out inventory.

From the date specified in the agreement, as termination of the mating agreement. liability the employee no longer bears any responsibility for the previously entrusted property.

Sample agreement

The sample form of termination agreement contains the following mandatory clauses:

• name of the document and its number;
• what is the document about, the number and date of conclusion of the terminated agreement on mat. responsibility;
• city ​​and date of conclusion of the agreement;
• data of the parties: employer and employee;
• designation of the decision on termination and the fact of termination of obligations;
• reason for termination of the contract;
• the obligation to transfer the entrusted property to the employer within a certain period of time according to the act of acceptance of the transfer;
• when the agreement comes into force (specific date);
• details of both parties.

The document is issued in two pieces: one for the employer, the second for the employee.

termination agreement agreement on financial liability – word.

Agreement No. 35

on termination of the contract for full individual mat. responsibility

"city of imprisonment" "date"

Full name of the organization, represented by full name. and the position acting on the basis of (document details) called “Employer” on the one hand and (full name and position of the employee responsible for the property) hereinafter referred to as “Employee” entered into an agreement on the following:

• For reason (the specific reason for terminating the agreement), the parties agreed to terminate the agreement on full individual mating. liability under agreement No. 25 dated May 23, 2019.
• The concluded agreement expires on June 15, 2019.
• The employee undertakes to transfer the property (full name and position to whom the entrusted property is transferred) by June 14, 2019, according to the transfer and acceptance certificate.
• The agreement comes into force from the moment it is signed and is an integral part of the mating agreement. responsibility.
• The document is drawn up in 2 copies, for each party.

Details and visas of both parties.

The employer has the right to add additional clauses to the document that do not contradict the law. For example, it is permissible to first transfer the entrusted property under a deed, and only then formalize the agreement.

Then the clause on the obligation to transfer property can be replaced by an indication that both parties have no claims.

How to conclude an agreement on full financial liability

Every company has employees whose professional responsibilities are closely related to the material assets of the organization. The cashier issues and receives cash, the storekeeper stores and issues goods, and the forwarder escorts cargo. For all this they bear full financial responsibility. The legislator established the right of the employer to enter into a special agreement with such employees - an agreement on the full individual financial responsibility of the employee (cashier, for example).

With whom can you sign a full financial liability agreement?

The list of positions and works filled or performed by employees with whom it is possible to conclude a standard agreement on full individual financial liability for shortages of entrusted property was approved by Resolution of the Ministry of Labor dated December 31, 2002 No. 85.

The list consists of two sections. The first indicates positions with which it is possible to conclude an individual agreement on full individual financial responsibility for 2021. The second lists the types of work, the implementation of which also allows you to conclude a financial liability agreement.

The employer does not have the right to enter into written agreements on financial liability if the position or specific work is not provided for in the specified List.

Agreement form

The standard form of an agreement on full financial liability is provided for by Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85. Accordingly, there is no need to develop it yourself. You can download a free liability agreement (2019 sample) and use this form. There is no need to issue an organization order.

Download

How to conclude an agreement

The goal is to compensate for the loss in full. To complete the 2019 full liability agreement document, please see below. The absence of such an agreement will not make it possible to bring the employee to full financial responsibility.

If a document (in the attachment you will find a sample agreement on full individual financial responsibility; Yandex can also help with this kind of information) is filled out for a new employee, it is important to make sure of the following:

• the job description contains responsibilities specified in the List, or the name of the position itself is included in the List;
• The employment contract itself reflects the condition of financial responsibility.

Why is this necessary? In case the hired employee decides to refuse to assume obligations. According to para. 2 clause 36 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, if the performance of duties for the maintenance of material assets is the main job function of the employee, which is agreed upon when hiring, and by virtue of the current legislation, an agreement on full financial responsibility can be concluded with him , which the employee knew, refusal to conclude such an agreement should be considered as a failure to fulfill labor duties with all the ensuing consequences.

conclusions

Let us highlight some main points on this topic:

• To terminate a liability agreement, a termination agreement must be drawn up.
• Before the end of the action, the employee financially responsible for the property must transfer the property according to a special act; for this purpose, an inventory is carried out.
• Even if the agreement has already been terminated and damage to property occurred during the validity period of the document is revealed, the employer has the right to recover damages from the employee voluntarily or through the court. The main condition, type of work or position of the responsible person must be included in the special list of Resolution No. 85.
• The termination agreement contains a standard form containing mandatory clauses.

How to terminate a full liability agreement

> Financial liability > Liability > Step-by-step procedure for terminating a financial liability agreement early, upon dismissal - sample agreement

Employees are responsible for the safety of property entrusted by the employer.

For this purpose, agreements on material full liability are concluded.

Sometimes situations arise in which it is necessary to terminate such a document, since the employee ceases to be responsible for the safety of property.

The reasons for this can be varied: dismissal, transfer, exclusion of a position from the list, agreement of the parties. Let's figure out how to properly carry out the termination procedure.

Each contract contains information about its validity period. If we rely on paragraph five of the standard form of the appendix to Resolution No. 85, then the document is valid during the time of work with the property entrusted to the employee.

While a person is in a position that implies full responsibility for the entrusted property, the contract continues to be valid within the scope of the employee’s work activity.

How to terminate a contract with a financially responsible person

This means that dismissal of a financially responsible person ahead of schedule or due to the expiration of the contract is possible only if an inventory is carried out and the financially responsible person signs the relevant act.

Due to the fact that the inventory will take some time, we recommend that contracts with financially responsible employees include longer periods of mutual notification of termination of the contract due to the expiration of its term (for example, a month in advance, and not two weeks, as provided for by the legislation on contracts, and also provide in the contract a period for mutual notification of early termination of the contract for any reason. Consequences of non-participation of the financially responsible person in the inventory. Refusal of the financially responsible person to “transfer material assets”, i.e.

The procedure for dismissing a materially responsible person

Important Both the procedure for hiring financially responsible persons and holding them accountable, as well as dismissal, are equally important.

Order of dismissal form T-8 (termination or termination of an employment contract) Download a program for automatically drawing up an order of dismissal T 8 (automatic generation of personnel documents) Memo “Agreements on full financial responsibility” Any employer is interested in the safety of his property.

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) obliges an employee to take care of the employer’s property (part. Dismissal of a responsible person. If an employee serves valuables in an organization, the procedure for his dismissal can lead to many problems and difficulties.

Questions and answers about occupational safety training

• Conditions for concluding an agreement on full financial responsibility Advice: When hiring a financially responsible person, stipulate.
• The person financially responsible is the employee for whom, through the execution of a special document - an agreement or.
• The concept of a financially responsible person and his status The employee’s labor function, specified in the employment contract, must be.
• How to formalize relations with financially responsible persons (but will not allow the employer to attract a financially responsible person to...
• Question. Can I be appointed as a financially responsible person and conclude an agreement on financial responsibility with me?
• The concept of a financially responsible person and his status. Financially responsible persons as a special category of employees are mentioned in many regulatory legal acts.

Source: https://sroorgru.com/kak-rastorgnut-dogovor-o-polnoy-materialnoy-otvetstvennosti/