Article 244 of the Labor Code of the Russian Federation. Written agreements on full financial responsibility of employees

This information belongs to a series of articles on documenting the hiring of an employee and his financial responsibility:

Hiring an employee - registration procedure and necessary documents (detailed instructions)
Sample (approximate form) of an employment contract
Sample (approximate form) of an agreement on the full individual financial responsibility of an employee and the necessary conditions for its conclusion
Conditions necessary to bring an employee to full financial responsibility
Cases of full financial responsibility of the employee
List of works, during the performance of which an agreement on the full individual financial responsibility of the employee can be concluded
List of positions for which employment an agreement on full individual financial responsibility may be concluded with the employee
Necessary conditions and procedure for concluding an agreement on full financial liability

The list of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial liability for shortages of entrusted property is contained in Appendix No. 1 to Resolution of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 No. 85.

The information contained in the list can be divided into 2 parts:

List of positions filled by employees with whom the employer can enter into written agreements on full individual financial responsibility for shortages of entrusted property
List of works performed by employees with whom the employer can enter into written agreements on full individual financial responsibility for shortages of entrusted property
Useful links on the topic

Appendix No. 1 to the Resolution of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 No. 85

Conditions of attack

Who is financially responsible?

Most often it is based on an offense.

Therefore, an explanation is taken from the guilty person - just as in case of disciplinary violations.

In order to bring a person to financial responsibility and force him to compensate for the damage, the elements of the offense must be present.

Without a violation, prosecution is impossible.

For matrimonial liability to occur, 4 mandatory conditions must be met :

the injured party suffered real (actual) damage;
the person who caused the damage is really guilty;
there is a causal connection between the culpable act and the damage caused;
There are no circumstances that could exempt the culprit from compensation for damage.

Important! Financial liability occurs both after the action and inaction of the culprit . If he did nothing personally, but neglected the opportunity to prevent the damage, he is still considered guilty.

Classification

There are several classifications based on various criteria. These criteria allow you to understand the structure of the concept and determine its key features.

According to the subject, financial liability is divided into:

employee responsibility;
employer's responsibility.

Based on the number of culprits, it can be:

individual (1 culprit);
collective (2 or more culprits).

Depending on the amount of compensation, there are:

complete (the culprit compensates for all direct actual damage);
limited (the culprit compensates for damage in an amount no more than his average earnings).

Important! In different situations, determined by law, an employee may have full or limited liability . The employer always bears full financial responsibility, regardless of the situation.

The reimbursement method is also divided into 3 types:

voluntary (based on a written agreement of the parties);
based on the order of the employer;
based on a court decision.

Subject and object: how to distinguish them?

The subject of material liability is the party to the employment agreement through whose fault the damage occurred . An object is a legal relationship that was violated by a guilty act. In other words, the object of financial liability can be called harm caused to the interests of the victim.

It is also worth separating the subjective and objective sides of the situation.

The subjective side refers to guilt , which characterizes the attitude of the subject (the culprit) to the guilty act and its consequences.

The subjective side may take the form of negligence or intent.

The objective side is a characteristic of the act that occurred, including the causal relationship between the act and the damage, the consequences of the act, as well as other parameters (time, place, method, etc.).

What laws?

There are several legislative acts that in one way or another affect the issue of financial liability:

Article 21 of the Labor Code of the Russian Federation. It obliges workers to take care of the property of their employers.
Articles 22, 212 and 239 of the Labor Code of the Russian Federation. They oblige the employer to create a safe environment for workers and provide them with tools and information on how to carry out work correctly.
Article 232 of the Labor Code of the Russian Federation. It specifies the mandatory nature of compensation for damage caused. The article places this responsibility on both the employee and the employer. The article also specifies that the reimbursement process must take place in accordance with the law.
Article 1064 of the Civil Code of the Russian Federation. It talks about the need for full compensation for damage caused to someone’s property. Harm is not only the actual loss, but also the lost benefits of the victim.
Resolution No. 85 of the Ministry of Labor of the Russian Federation. This resolution contains lists of positions that are subject to financial liability. The document covers both individual and collective financial responsibility.

Mentions of financial liability are also found in other legislative acts of the Russian Federation, but it is those listed above that are considered the main ones .

It is impossible to single out the most important one among them, because in order to resolve the situation with the damage caused, one must be guided by each of the legislative acts.

Attraction to mat. responsibility is one thing. You also need to seek compensation. And for this you need good reasons. One way or another, everything must be spelled out in the employment contract when a responsible person is hired. Positions can be different, ranging from seller, cashier and driver, military personnel and supply manager.

Who can be held responsible?

According to labor legislation, both individual employees and entire teams (for example, a team of construction workers) can be responsible for the entrusted property and values of the employer. The need to impose collective financial responsibility arises due to the impossibility of determining the extent of responsibility for each individual employee related to material assets. In such difficult cases, the entire team is responsible for the safety of property and various valuables.

It should be noted that an individual member of the team has the right to prove his innocence and relieve himself of any responsibility. And the measure (degree) of guilt and the amount of compensation payments in favor of the employer for each employee belonging to the team responsible for the values are determined according to a court decision.

Individual responsibility is borne by only one person, who can also prove his innocence. Sometimes responsibility is assigned to the replacement (a separate agreement is concluded with him, stipulating the degree of this responsibility).

If the employer decides which type of responsibility to give preference to when concluding the relevant contract, he must refer to the list of positions and works that are covered by the individual or collective type of responsibility.

Both lists are enshrined in a separate Resolution of the Ministry of Labor number 85, adopted in December 2002.

Moreover, for the individual type of responsibility, this legislative document provides a list of works and positions. But for the collective type of responsibility, only a list of works is listed, and for this reason it can be expanded at the request of the employer.

List of positions of financially responsible persons according to the Labor Code of the Russian Federation

Articles of the Labor Code of the Russian Federation and Resolution No. 85 of the Ministry of Labor of the Russian Federation determine the lists of positions and works that may be involved in financial liability.

Any employee should carefully read these lists.

Let's consider the list of positions according to the Labor Code of the Russian Federation, which includes MOL:

Cashiers, controllers of any enterprises. Regardless of the field of activity, these people are always financially responsible.
The list of MO positions includes employees who work in areas related to deposits, securities trading or finance.
Workers who work in the expert field.
Methodologists, laboratory assistants, library staff.
Managers of pawnshops, lockers, warehouses and other places where someone's property is stored.
Managers in management positions - storekeepers, wardrobe maids, commandants, forwarders, head nurses.
The list of positions subject to MO includes managers from the fields of trade, food, service, and hotel business.
Heads of pharmaceutical companies and pharmacies.

List of works during which MO may occur:

sale of various goods or services;
payment and acceptance of payments of any type and form;
expert works;
work related to deposits, securities or finance turnover;
repair work on cars, household items, jewelry, nuclear resources;
work to ensure the safety of someone's property.

Important! The lists of work with individual and collective financial responsibility are absolutely the same .

We have figured out who is the financially responsible person in the enterprise, let’s move on to the next paragraph of our article.

Financial responsibility: concept

The term “full financial responsibility” is contained in Art. 242 of the Labor Code of the Russian Federation, but is not disclosed in detail. The legislator only indicates what the consequences of involving an employee in it are. Financial liability is the imposition of the obligation to compensate for damage on a person whose guilt in violating standards and causing losses is established by law. And full individual financial liability is its version, when one employee is involved, who compensates for direct damage in full.

Responsibility is divided into full and partial (damage is compensated only within the average monthly earnings), individual and collective (assigned to a team or group when it is impossible to determine who exactly is to blame).

In budgetary institutions

Who can be a financially responsible person in a budgetary institution? Such enterprises, like commercial organizations, imply the presence of financially responsible persons. An agreement on full financial responsibility is concluded with them .

It is obvious that budgetary institutions do not have some of the positions from the above list (for example, workers in the depository sector, areas with the circulation of money and securities). Therefore, when talking about financial responsibility in budgetary institutions, we must mean cashiers, storekeepers, wardrobe maids, building superintendents, and warehouse managers.

Order imposing liability due to the employee’s actions

This type of document is issued by an enterprise that has suffered a material loss as a result of the actions of an employee, with whom an agreement on comprehensive obligations regarding certain property was previously signed.

The order contains the following information:

clearly formed, proven during the investigation and confirmed by indicating a specific norm of legislation, the basis for which compensation is recovered from a person;
information about the employee, his position, work activity;
the date of conclusion of the amendment to the employment contract defining the type of financial liability;
information about the damage caused, indicating the method of causing the damage and the amount that corresponds to the amount of damage;
information about persons who are responsible for carrying out enforcement actions;
a point indicating that the financially responsible person is familiar with the financial claims imputed to him (plus a signature).

The picture shows the completed document: