Financially responsible persons at enterprises are employees responsible for the property entrusted to them. These persons perform the functions of receiving, storing, issuing, and using various valuables.
Financial responsibility is assigned to such employees using the manager’s administrative document. The article offers a sample order for the appointment of a MOL, as well as recommendations for its execution.
The order is a mandatory document for the appointment of persons materially responsible for any valuables. In order for these persons to fully compensate for the damage caused through their own fault, they should additionally conclude an agreement establishing liability in full, indicating the property for which the employee is responsible, as well as the actions as a result of which he will be obliged to reimburse the company’s expenses.
Responsibility can be collective or individual. Collective is also called brigade, when values are transferred to the control of a group of people.
The administrative document is drawn up before the start of work, approved by its manager, after which the persons appointed materially responsible are familiarized with it against signature. The form may have a special place for this, and a separate introductory sheet may be attached, where responsible employees sign their signatures. The signature of the MOL will indicate his awareness of the obligations imposed on him. In addition, he can obtain this information from the employment contract concluded with him and the agreement on financial liability.
Below is a sample order when appointing a person in charge, as well as when appointing a group of employees as such.
The completed, approved and signed form of the administrative document is attached to the concluded agreement on liability.
We also recommend that you familiarize yourself with the order appointing someone responsible for the performance of work at any facility; you can use the specified link to obtain the administrative document for free.
Legislative regulation
In the process of performing their duties, employees may interact with funds, movable and immovable property of the employer.
The legislation, namely Article 238 of the Labor Code of the Russian Federation, stipulates the employee’s obligation to compensate the employer for damage caused through his fault, regardless of whether he is appointed as a financially responsible person (MOL), that is, whether the condition of financial responsibility is stipulated in the contracts concluded with him or not .
Article 241 of the Labor Code of the Russian Federation stipulates that the amount of damage that an employer can recover from an employee who is not an MOL is limited to his average earnings. That is, if the employee’s salary was 60,000 rubles, and the damage was caused in the amount of 100,000 rubles, then only 60,000 and no more could be withheld from the employee.
In order to be able to recover the full cost of damage from the employee, agreements on full financial liability are concluded.
The order for the appointment of the MOL will be the first stage in the procedure for preparing for the execution of the contract.
Sample order on financial liability in dow
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The concept of financial responsibility is especially important for educational institutions. After all, leaders are still trying to place obligations on ordinary teachers. Today we will try to understand this issue together. Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. Who is the financially responsible person at school?
12. 2002 No. 85 The following are responsible for the safety of property in children's educational institutions:
- Leaders.
- Laboratory assistants.
- Caretaker.
- The castellans.
- Librarians.
- Deputies.
That is, these specialists are obliged to store the valuables entrusted to them, compensate for the damage caused, and regularly report to the employer. The following circumstances will not be considered intentional damage:
- Situations beyond human control (earthquake, flood).
- Justified risk associated with business activities.
- Necessary defense.
Basically, all economic activities in schools and kindergartens are carried out by caretakers.
According to the Decree of the Ministry of Labor dated 31.
According to their job description they:
- Monitor the general condition of the building itself.
- Preserve the material resources of the school or kindergarten.
- Organize the housekeeping work of the premises.
- Provide the necessary technical conditions for children and employees.
Caretaker regularly reports on their activities to the director and higher authorities.
In order to carry out an inspection, the manager of the economic department carries out an inventory. We suggest
Who can be appointed
Of course, not every employee can be held fully financially responsible. Legislation, namely Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85 and Article 244 of the Labor Code of the Russian Federation stipulates a list of employee positions with whom an agreement on full financial liability can be concluded.
Accordingly, an appointment order can be issued only in relation to these employees. If an employer issues an order or enters into an agreement with employees not included in the list, the order and agreement will be declared invalid.
In addition, the following employees cannot be appointed as MOL:
- those who are not in an employment relationship with the employer (for example, those working under a civil contract. Under contracts of this type, fines and penalties may be provided, but not financial liability);
- underage.
From the history of the issue
The development of information technology has made the topic of personal data protection one of the most discussed at various levels. Large-scale scandals involving leaks of confidential information from the White House or personal information of millions of visitors to an international dating site have thundered throughout the world. There are also smaller cases, at the organizational level (for example, the use by HR department employees of pages with personal information of employees as draft “back pages”, the posting in the public domain of information about students of educational institutions or patients of clinics). This often happens out of ignorance: not all officials understand what is included in personal data. However, the search phrase “employee privacy order 2019” is in the top positions in search engines. And there are quite understandable reasons for this.
The state’s attitude towards such “missteps” is changing decisively towards tougher punishments for them. In order to avoid troubles, you need to organize the protection of personal data as required by Chapter 14 of the Labor Code of the Russian Federation and Law No. 152-FZ. In this article we will briefly talk about what package of documents needs to be prepared, and also provide a sample order on the protection of personal data of employees.
Collection procedure
Let us note that neither the order appointing a MOL nor the agreement on financial liability makes the employee automatically obligated to pay damage caused to the property or assets of the organization.
In order to obtain the right to recover from an employee the cost of, for example, damaged property, the employer will need to conduct an internal investigation, and only based on its results, having revealed the employee’s guilt, bring the employee to financial liability.
In this case, the employee may refuse to compensate the employer for damages voluntarily if, for example, he believes that the damages were collected illegally. In this case, the other party can go to court.
Development and approval procedure
How well organizations comply with the requirements of 152-FZ is checked by Roskomnadzor in accordance with the Administrative Regulations approved by Order of the Ministry of Telecom and Mass Communications of Russia dated November 14, 2011 No. 312. In order for the inspector not to have a reason to “take measures,” it is necessary to prepare the documents listed above and approve their orders from the leader. The fundamental order will be the approval of the Regulations - see the sample order for the approval of the regulations on personal data (2019).
Sample order on personal data of employees 2019
It is extremely important to comply with the rule formulated in Art. 86 of the Labor Code of the Russian Federation: everything that we know about the employee, we must learn from him himself. As a last resort, you can contact a so-called third party if the employee does not have the necessary information (forgot, lost...), but only with his knowledge (for example, request a copy of the diploma in the university archive). The employee must be notified of this and his consent must be obtained: this is done in the form of a statement of consent to receive information from a third party.
All this must be written down in the regulations, which the employee must be familiar with before signing the employment contract.
Regulations on the Protection of Personal Data of Workers 2019
Drawing up an order
There is no unified form of order for the appointment of a financially responsible person. Organizations can develop their own templates based on their local business practices. The order is drawn up on the organization’s letterhead (if it uses it) or on a regular A4 sheet. In the latter case, you will need to enter information about the organization in the “header” of the order:
- name or full name of the individual entrepreneur;
- legal address/location of the individual entrepreneur;
- OGRN/KPP for legal entities.
On our website there is a sample and form of an order for the appointment of a financially responsible person, which you can use for your needs. The order can be drawn up in relation to one employee or several. The order identifies the following structural elements:
- document's name;
- a preamble in which it will be necessary to provide references to the regulations on the basis of which the order is issued;
- the word “I command” located in the center of the sheet under the preamble;
- Full name, position of the employee (positions of employees) appointed as the financially responsible person, personnel numbers;
- date of assignment of responsibility;
- information about the person responsible for concluding an agreement with this employee on full financial liability;
- information about the person responsible for communicating the order to the employee and interested parties, and about the person who is entrusted with monitoring the execution of the order;
- position, signature, transcript of the signature of the manager who signed the order.
After issuance, the order is assigned a date and number.
Special cases
It happens that information changes (for example, a woman gets married and changes her last name or a student receives a higher education diploma). In this case, the employee submits an application, and on its basis an order is issued to amend a number of documents (see sample order to change the employee’s personal data). However, this order does not apply to documents the availability of which is dictated by Federal Law-152 - this is one of the standard personnel orders.
IMPORTANT! There is information that is extremely confidential (see sample order for access to personal data of employees), and attempts to find out from an employee what communities he is in, what his religious beliefs are, how he feels and what political views he holds are illegal. However, there is a long list of conditions under which this is still possible (Article 10 of Federal Law No. 152-FZ). Such exceptions (among others) include, for example, cases of receipt of motivated requests (containing the purpose of the request, justification of the authority’s competence and the legal basis of the request) from the prosecutor’s office, the Ministry of Internal Affairs or the Labor Inspectorate, as well as medical information if it is necessary to provide assistance to the patient. Indeed, patients of medical organizations are very sensitive to privacy, but they are protected by the duty of the health worker to maintain medical confidentiality (Article 73 of the Federal Law No. 323-FZ).
A medical organization is obliged to be especially attentive to data processing and prepare its own industry-specific documentation, for example, have an order approving the regulation on the protection of personal data and an order “List of personal data of patients to be protected.”
Change of financially responsible person
In the course of a company's activities, a change in MOL (as a result of dismissal or transfer to another position) is a regular event that requires re-issuance of documents. The departure of a person burdened with full MO is accompanied by a mandatory inventory of goods and materials or cash, i.e. those assets for which the employee was responsible (clause 27 of PBU dated July 29, 1998 No. 34n) and the subsequent transfer of valuables for reporting to the new employee. Carrying out an inventory due to a change in the MOL is initiated by the manager by issuing an order (form No. INV-22).
Inventory is carried out on a commission basis, its results are drawn up with an inventory list (form No. INV-1, INV-3) in 3 copies (one for the transferring and receiving MC parties and one submitted to the accounting department for subsequent processing). If no discrepancies are identified between the actual availability of valuables and accounting balances, then the manager issues an order to change the financially responsible person. Sample document:
Demand and payment for the profession
People who are able to efficiently perform the duties of a caretaker are very much needed, always and everywhere. Without a person of this profession, the life of any enterprise stops, be it a kindergarten, a defense plant, or a computer center.
Payment for this work directly depends on the enterprise where the farm manager works. In a housing office and in a large office building they will pay differently, but nowhere will they pay less than 20 thousand rubles. Pay also depends on the city where the person will work. In large populated areas, the demand for the profession is much higher, as are the responsibilities and duties themselves. But they also pay more. The average salary of a farm manager in the capital is 50 thousand rubles.
Caretaker is a very important and necessary profession in society. It is possible that by doing this you will not “pick stars from the sky”, you will not gain fame and worldwide recognition, but nothing in the modern world would be accomplished without business managers, from space flights to the leadership of the country, supply managers are behind everything.
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The salary of a business executive does not exceed the national average.
In regional centers, specialists receive:
- Khmelnitsky region – 9000 ($318);
- Kyiv – 8667 ($307);
- Odessa – 7590 ($269);
- Lvovskaya – 6500 ($230);
- Nikolaevskaya – 6000 ($212).
Kyiv specialists earn 9,000 UAH. The average level corresponds to 8167 ($289). A caretaker who combines his work with protecting the territory receives a salary of up to 6,000 UAH.
To obtain the position of caretaker, higher education and knowledge of English are not required. The main thing is to have organizational skills, be able to manage a team of service personnel and not be afraid of the financial responsibility assigned to him.
The scope of responsibilities depends on the company where the employee works.
The head of the school farm is obliged to:
- provide all fire safety equipment;
- help conduct inspections for occupational health and safety officers;
- plan and carry out repairs of premises, furniture and equipment;
- select contractors;
- pay utility bills on time;
- manage the work of service personnel;
- provide employees with household and office supplies;
- carry out inventories, keep records of material assets.
The same specialist in the office is engaged in:
- replacing cartridges;
- minor repairs of office equipment;
- eliminating problems with water supply, sewerage and electrical wiring;
- orders delivery of water, fruit, etc.
The caretaker must be able to use a PC.
Vacancies
- The retail chain "Magnit", Moscow, invites a specialist to work with fixed assets and material assets. Earnings – 45,000 rubles. ($686) per month.
- , Moscow, invites an experienced business executive to monitor the serviceability of the equipment. Salary – 60600 ($924).
- Kindergarten No. 35, Nizhny Novgorod, requires a warehouse manager. Responsibilities include receiving, storing and disposing of food products. Salary – 15,000 ($229).
Any enterprise and social institution needs competent accounting and management. Food, consumables for office equipment, tools and spare parts are all material resources and money.
Specially trained and naturally meticulous people - supply managers - must strictly monitor consumption and purchases.
