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All employees involved in the storage and use of material assets and financial resources at the enterprise enter into an agreement with management on full financial responsibility. Employees of the enterprise who are related to material assets include: accountants, cashiers, storekeepers and other financially responsible persons. Let's look at how to correctly draw up a form for a liability agreement; we offer a sample that can be downloaded at the end of this material.

An agreement on financial liability has legal force, since under it the manager can recover from the employee guilty of causing material damage the entire amount in whole or in part. If an employee of an enterprise refuses to enter into such an agreement, the manager may demand compensation for damages in an amount not exceeding the employee’s average monthly income.

We also suggest downloading a sample collective agreement, which is concluded between the employees of the enterprise and management.

Liability agreement. Compilation example

According to generally accepted standards, a liability agreement should consist of the following main blocks:

• Date of drawing up the contract;
• Basic information about the employer indicating the full name, position of the manager, name of the enterprise;
• Information about the employee (employee) – full name, position, name of the department or unit in which he works.

The employer and the employee (employee) of the enterprise sign the agreement bilaterally. The contract specifies a list of the employee’s responsibilities, a list of material assets for which he is responsible, and the employer is obliged to provide normal conditions for the employee to perform his duties that do not violate the employment contract. The contract must specify actions that are unacceptable on the part of the employee, as they can cause irreparable damage to the employer. If these requirements are not met, the employer has the right to demand full compensation for the damage caused to him.

In the process of carrying out its activities, an economic entity engages hired employees. They are doing their labor responsibilities use various company assets. So that the company can be calm about the safety of its funds, it is recommended that it draw up a liability agreement with all responsible employees.

Employees of a company may be held financially liable if they, through their actions or inaction, caused harm to the organization material damage.

These provisions are enshrined in law, and the employee can be exempted from it if the company’s material losses arose due to reasons beyond the employee’s control.

Such force majeure reasons include:

1. fires;
2. natural disasters;
3. floods and other disasters.

An employee is also exempt from financial liability if damage to property was caused as a result of his taking measures for self-defense.

Important! If an employee causes damage to the company, full financial liability arises only when a financial liability agreement is drawn up with this person.

Therefore, upon admission financially responsible persons you need to draw up an agreement on full financial liability. For example, with a storekeeper, driver, watchman, etc.

If this is not done, then the employee can only recover the amount of damage within the limits of his salary for one month. In this case, financial liability is limited.

An agreement on full financial liability can only be concluded with a company employee. Therefore, it is often considered an annex to the employment contract.

Attention! Often financial responsibility is established as a condition. It is important for the execution of an agreement on full financial liability that the employee works with material assets companies.

In some cases, drawing up an agreement on full liability is mandatory.

Such professions include, for example:

• cashier;
• accountant;
• storekeeper;
• warehouse manager;
• driver for the car;
• watchman;
• etc.

Types of contracts and what is their difference

There are several types of liability agreements. Let's take a closer look at them.

Characteristics	Individual agreement on full financial responsibility	Collective agreement on full financial responsibility
When is	Sharing of responsibilities is possible	Separation of responsibilities is not possible
Parties to the agreement	Employer and employee	The employer and the team of workers, which must be represented by its manager. He is appointed or elected by the members of the team.
Contents of the liability agreement		Standard content of a liability agreement. A list of situations when financial liability may arise must be included.
Who signs	Employer and Employee.	The employer and all employees included in the team.

Who will the contract be mostly concluded with?

The Labor Code of the Russian Federation allows the employer to enter into a full liability agreement only with certain categories of employees who have reached 18 years of age. The list of positions and jobs with which this can be done is listed in Resolution of the Ministry of Labor of Russia dated December 31, 2002 N 85.

IN this document two sections included:

1. The first section contains a list of positions with which it is envisaged to conclude individual contracts for financial responsibility. In particular, this is provided for the cashier, cashier-controller, and other employees who have the duties of cashiers.
2. The second section contains a list of works, and you can enter into agreements with the workers involved in them. full responsibility. This includes, for example, the acceptance and payment of various payments, the sale of any goods, work or services (including through the cash register, seller, waiter, etc.), servicing vending machines, producing coupons and subscriptions, etc.

Liability agreement sample 2019

What should the contract contain?

The law does not define any requirements for a liability agreement. Typically, each company draws up a standard template in which it indicates all the essential conditions of its day, and which, however, should not contradict the Labor Code.

The contract must begin with an indication of its name, as well as the place and date of its execution.

The next step is to identify each party to the contract. The company must indicate its name, information about the director, as well as the document on the basis of which he conducts his activities. For an employee, here you must indicate the position title and his full name.

Next, it is necessary to indicate in detail the responsibilities of the person to ensure the safety of the property. For example, here we can mention the obligation to document each movement of material assets, periodic inventory, etc.

Then it is necessary to describe the measures that the employer himself is taking to protect his property. For example, the installation of a safe, room equipment may be indicated here burglar alarm, engaging a third-party company (private security company) for security, etc.

The contract must mention the provision to the employee job description and other documents establishing the need for full financial responsibility.

Next, it is necessary to indicate the cases in which the employee will be held financially liable. Situations in which such liability does not arise should be separately identified - for example, in the event of natural disasters, forced defense, etc.

Attention! The contract must indicate the number of copies in which the contract was drawn up, the procedure for its termination or extension for a new term.

The agreement must be completed with the details of each party, signatures and seals.

Is it possible to hold an employee financially liable without a contract?

The Labor Code establishes that an employee can be held financially liable only within the limits of his average monthly earnings, with the exception of other cases provided for.

Such other cases include:

• If TC either federal laws the employee is subject to full financial liability for damage caused during work;
• If there is a shortage of valuables that were transferred to him on the basis of a written agreement or a one-time document;
• If he caused the damage intentionally;
• If he caused the damage while under the influence of alcohol or drug intoxication;
• If the damage was caused as a result of criminal acts determined by the court;
• If the damage occurred due to the disclosure of state, commercial or other secrets, when this is provided for by law;
• The damage was caused due to the employee's failure to fulfill his duties.

Attention! Thus, the absence of an agreement on liability is actually the employer’s refusal to recover the full amount of damage from the employee. In this situation, it will be possible to bring him to justice only within the limits of his average monthly earnings.

The machine broke down, there was a shortage at the cash register, the driver caused an accident and the car needs to be repaired? In all these situations, the employer will try to recover all of its losses from the employee. But to prevent the proceedings from going to court, you need to clearly know in what cases you can force a subordinate to fully compensate for the company’s losses. We also suggest that you carefully consider the standard agreement on full liability, since this is the main document without which it will, in principle, not be possible to recover damages.

Who can be entrusted with full individual financial responsibility?

Form of agreement on full financial liability: what it looks like and where to get it

Only the employee with whom the relevant contract has been signed can be required to compensate for all expenses incurred by the employer. But it is allowed to conclude it only with persons holding positions (working in specialties) listed in Resolution of the Ministry of Labor dated December 31, 2002 N 85. First of all, these are managers, people working with material assets, and producers of work.

The same resolution contains a standard form of agreement. A sample agreement on full liability 2019 looks like this:

Note that it is necessary to use the standard form, as evidenced by arbitrage practice(see, for example, Determination of the Supreme Court of the Republic of Khakassia dated July 24, 2012 No. -33-1590/2012). But if necessary, the employer can supplement this document. In particular, it is possible to add methods for collecting damages, work schedule, the maximum possible amount of payments, other. The main thing is that the additions do not worsen the situation of workers, do not infringe on their rights, or reduce the level of guarantees that are provided Labor Code of the Russian Federation.

How to draw up and conclude an agreement

The first thing you need to warn about is that an agreement on full financial responsibility (for a cashier or, for example, a driver) is not mandatory. The company may sign it, or it may change its mind. But then, for the damage caused, regardless of the specific amount, the employee will only pay his average monthly salary.

If you nevertheless decide to conclude an agreement, then thanks to the standard form it is very easy to do so. At the top you need to enter the name of the organization, information about the manager and information about the employee. At the bottom of the document there is space for the details of the parties and the date of signing. This section is filled out in the same way as in other agreements, for example, in an employment contract. The document is drawn up in two copies.

Please note that it is advisable, but not necessary, to conclude such a contract with the manager and chief accountant. According to Art. 243 Labor Code of the Russian Federation, the full financial responsibility of such employees can be stipulated directly in the employment contract.

One of the types legal liability participants in labor relations is material. Its meaning lies in the obligation of one of the parties labor relations compensate the other party for the damage caused. It is borne only by employees working under an employment contract (this also includes part-time, temporary and seasonal workers).

In order to correctly draw up a sample employee liability agreement, let’s look at the conditions under which it occurs:

• illegality of the employee’s actions (inactions);
• direct actual damage to the property of the employer or third parties, as well as costs or excess payments for the acquisition, restoration of property or compensation for damage caused to third parties;
• cause-and-effect relationship between the person’s actions and the damage caused;
• guilt in the form of intent or negligence.

How to draw up a financial liability agreement

Most often, the agreement is drawn up in addition to labor contract directly upon employment. This does not apply to every employee, but, for example, a position such as a salesperson or cashier initially imposes financial obligations on the employee. The document becomes effective only after voluntary signing by the manager and employee.

It contains detailed description obligations of the parties and their rights. Indicated possible methods recovery of damages, work schedule and other conditions necessary for inclusion. Download the liability agreement for different cases possible below.

Individual financial responsibility

Art. 244 of the Labor Code of the Russian Federation provides for compensation to the organization for damage caused by the shortage of property entrusted to the employee, in full size. This type of contract can only be concluded with adult employees who directly serve or use monetary, commodity or material assets, for example, a cashier. Lists of works and categories, as well as a standard form of an agreement on the employee’s financial responsibility are approved by the Government of the Russian Federation.

Sample agreement on individual financial responsibility of a cashier

Full financial responsibility

It consists of the employee’s obligation to compensate for all damage caused to him in full. Established only for employees over 18 years of age. The following cases are not required additional documents, i.e. it occurs automatically:

• intentional causing of damage;
• state of alcoholic or other intoxication during the commission of the offense;
• criminal acts established in court;
• disclosure of commercial, state or other secrets protected by law;
• committing an administrative offense;
• causing damage not during the performance of official duties.

Below you can download a free liability agreement form.

Collective responsibility

Provides for an equal distribution of obligations among all members of the team, if it cannot be assigned to one person. For the contract to be valid, it is necessary to initially conclude an appropriate written agreement with team members on the form and conditions for the application of financial liability.

Occurs when a team performs certain types of work on storage, processing, sale, transportation, use or other use of transferred values, and if it is not possible to delimit the financial responsibility of an individual team member and conclude an agreement with him on compensation for damage in full.

Sample agreement on employee financial responsibility 2019

How to assign an employee

To recover damages caused, it is necessary to establish the employee’s guilt. To do this, you need to draw up an inspection report that reflects the harm caused. On its basis, an act is drawn up and the real value in monetary terms is established. These calculations must be confirmed by accounting documentation. Having established the amount, we can talk about bringing the guilty person in accordance with the norms of labor legislation and the agreement concluded with him.

Restrictions

This type is regulated by Art. 241 of the Labor Code of the Russian Federation and is applied most often in cases where harm was caused in the process of performing work duties as a result of negligence or imprudence.

Penalties are made in the amount established by law. The main difference from others is the possibility of attracting minor employees.

After identifying the fact, it is necessary to check whether the person is subject to full financial liability; if not, then losses are compensated within the limits of average earnings.

on the full individual financial responsibility of the cashier-seller in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

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:

1.1.1. Treat with care the material assets of the Employer transferred to him for storage and sale (vacation) and take measures to prevent damage;

1.1.2. Promptly inform the Employer about all circumstances that threaten the safety of the material assets entrusted to him;

1.1.3. Keep records, draw up and submit in the prescribed manner commodity-money and other reports on the movement and balances of material assets entrusted to him;

1.1.4. Participate in inventory, audit, and other verification of the safety and condition of material assets entrusted to him.

2. THE EMPLOYER IS OBLIGED

2.1.1. Create for the Employee the conditions necessary for normal work and ensuring the complete safety of the material assets entrusted to him;

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;

2.1.3. Carry out inventory, audits and other checks of the safety of material assets in the prescribed manner.

2.2. In case of failure to ensure the safety of material assets entrusted to him through the fault of the Employee, the determination of the amount of damage caused to the Employer and its compensation are made in accordance with current legislation.

2.3. The employee does not bear financial liability if the damage is caused through no fault of his own.

2.4. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with property and other material assets of the Employer entrusted to the Employee in the prescribed manner.

2.5. This Agreement has been drawn up in two copies of equal legal force, the first of which is kept by the Employer, and the second by the Employee.