The loader is financially responsible person or not.

Labor Code of the Russian Federation). And then for the combined positions (storekeeper and seller) you will be able to conclude agreements with employees on full liability. See item 2 of the Selections. Details in the materials of the Personnel System: 1. Answer: With which employees it is possible to conclude an agreement on full material liability Agreements on full material liability can be concluded not with all employees, but only with those who:

• directly serve or use money (goods) or other property belonging to the organization;
• have reached the age of 18;

• their position or work is classified among those that allow the conclusion of such an agreement.

The list of positions and jobs with which it is possible to conclude written agreements on full liability was approved by the Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002.

Is it possible to conclude an agreement on full liability with movers?

The court refused to satisfy the demands to recover the amount of the shortfall. The panel of judges agrees with the conclusion that there are no grounds for satisfying the claim, proceeding from the following.

The basis for bringing the employee to full financial liability is, along with the fact of causing direct actual damage to the employer, referring the position to be replaced by the employee to the list of works established by the Resolution of the Ministry of Labor and Social Development Russian Federation of December 31, 2002 No. 85 "On approval of the lists of positions and jobs replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (brigade) liability, as well as standard forms of agreements on full liability, and the occurrence of one of the cases provided for in Art. ... 243 of the Labor Code of the Russian Federation.

Material liability of movers

In particular, written agreements on full individual liability can be concluded with employees who receive, procure, store, record, issue, transport material values, as well as with employees who carry out work on acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material values ​​in warehouses, bases, storerooms, points, offices, sections, in other organizations and divisions ( Appendix N 1 to the Decree of the Ministry of Labor of Russia N 85). At the same time, the performance of these works is not associated with functions related directly to the profession of a loader.

Complete mat. a responsibility

Important

Thus, their inclusion in the brigade and in the agreement on full collective financial liability is contrary to the law, which is not disputed by the plaintiff in the case, referring to the fact that the loaders were included erroneously. At the same time, the agreement on full collective liability is concluded by the parties voluntarily.

The parties expressed their will to conclude such an agreement, subject to the imposition of responsibility on 11 people, including loaders. Since, by virtue of the law, only 3 out of 11 team members are financially responsible, such an agreement cannot be recognized as concluded in accordance with the procedure established by labor legislation and cannot serve as a basis for imposing collective financial responsibility on the defendants, as stated as the grounds for the claim.

Does the loader have financial responsibility?

Popular questions From the answer "How to arrange a combination of professions (positions)" Ivan Shklovets, Deputy Head Federal Service on labor and employment 3. Judicial practice: case No. 33-2491 / 2011 DEFINITION March 30, 2011 The Judicial Collegium for Civil Cases of the Altai Regional Court composed of the presiding judge S.G. Vishnyakova.

judges Sekerina O.I., Mzhelskaya G.A. considered in open court the cassation appeal of the representative of the plaintiff LLC "TELETS LTD" against the decision of the Vostochny District Court of Biysk, Altai Territory of December 7, 2010. in the case on the claim of LLC "TELETS LTD" against Kuznetsova M.N., Tishkevich A.The., Eroshenko E.AND. on recovery of damage, after hearing the report of judge Vishnyakova S.G., established: In LLC "TELETS LTD" on 19.10.2009 was recruited in the position of ... Eroshenko E.I., 02 November 2009.

"Subsidies mortgage agency ugra payments 2012"

Kuznetsova M.N., 18.11.2009 transferred to the position of ... enterprise A.V. Tishkevich. 02.11.2009, by order of the director of the enterprise, full collective liability was established at the warehouse of LLC TELETS LTD. MN Kuznetsova was appointed the head of the team. 02.11.2009

between the employer and employees in the amount of 11 people, an agreement on full collective material responsibility has been concluded. The persons who entered into the contract included the defendants in the present case and the porters who worked in the warehouse. As a result, held in February 2010. Inventory at the warehouse was found a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by the inventory statement No. T6 dated February 05, 2010.
and a collation statement from the same date. According to the conclusion of the expert of the forensic department for the city of Biysk, the EKTs of the GUVD for Altai Territory dated April 29, 2010

Can a loader be a financially responsible person

Attention

Moreover, the responsibility of each storekeeper was not delineated individually, the place of storage of the goods received by each of them was not individualized. In such circumstances, the judicial board agrees with the conclusion of the court that there are grounds for refusing to satisfy the plaintiff's claims for the employer to recover damages from employees on the grounds of Art.

345 Labor Code

Russian Federation. The arguments of the cassation appeal about the possibility of determining the amount of damage, taking into account the remaining members of the brigade (loaders), are not based on the law mentioned above. Taking into account that the controversial agreement cannot be recognized as concluded, other arguments of the cassation appeal do not entail the cancellation of the court decision, since they have no legal significance for the case.

A loader can be a financially responsible person

2002 YurClub conference. Gleb 26 Aug 2003 The list of works, during the performance of which full collective (brigade) financial liability for the shortage of property entrusted to employees may be introduced (Appendix No. 3 to the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85) Works: for acceptance for storage, processing ( manufacturing), storage, accounting, release (issue) of material values ​​in warehouses, bases, storerooms, points, departments, at sites, in other organizations and divisions; -Guest- Aug 26, 2003 Thank you for the answer. Bringing to financial responsibility for the shortage This can be done provided that an agreement is concluded with him and if there is a causal relationship between the actions of the warehouse manager and the damage to the employer (Appeal ruling of the Bryansk Regional Court dated 23.05 .2013 No. 33-1543 (2013)).
From part 1 of Art.
Due to the requirements of the norms of Article 345 of the Labor Code of the Russian Federation, when jointly performed by employees certain types works related to the storage, processing, sale (vacation), transportation, application or other use of the values ​​transferred to them, when it is impossible to delineate the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, a collective (brigade) material liability. A written agreement on collective (brigade) material liability for damage is concluded between the employer and all members of the team (brigade) on a voluntary basis.

Under an agreement on collective (brigade) material responsibility, the values ​​are entrusted to a predetermined group of persons, who are fully financially responsible for their shortage.

The loader is the financially responsible person

The defendants refused to voluntarily compensate for the damage caused. Since the amount of damage exceeds average earnings defendants, ask the court to recover from the defendants in full actual damage for ... RUB. from each in equal shares. At the hearing, the plaintiff's representatives upheld the stated claims and pointed out that during the period when the sugar shortage arose in the warehouse, the defendants were working, and only storekeepers and loaders had access to the warehouse. The warehouse was opened and closed by storekeepers; the warehouse manager Kuznetsova and the storekeeper had the keys.

The warehouse building is guarded by Black Scorpion Private Security Company LLC, there is no alarm. When the warehouse was closed, the doors were sealed. In December 2009, it became known from warehouse workers that Kuznetsova was taking out bags of sugar without payment.

1. I work as a loader and we are forced to sign an agreement on full liability. Is it legal? and is it possible not to refuse to sign the contract on the basis of what?

1.1. Dear Ivan.
Yes, the employer's claims are legal.
In accordance with Art. 244 of the Labor Code of the Russian Federation:
Written agreements on full individual or collective (brigade) material liability, that is, on reimbursing the employer for damage in full for the shortage of property entrusted to employees, may be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property ...
Lists of jobs and categories of workers with whom the said contracts may be concluded, as well as standard forms of these contracts are approved in the manner established by the Government of the Russian Federation.
And in accordance with Appendix No. 3 of the Resolution of the Ministry
labor and social development RF of December 31, 2002 N 85 when performing work: receiving and processing for the delivery (escort) of cargo, baggage, postal items and other material and monetary values, their delivery (escort), delivery (delivery) full liability may be introduced
If the employment contract has already been signed earlier, By virtue of Article 73 "Changes to the essential conditions of the employment contract" of the Labor Code of the Russian Federation, the manager must notify the employee two months in advance in writing about the need to sign an agreement on full liability. If the employee agrees, then there will be no problems for the employer. But if the employee refuses to conclude such an agreement, then the employer is obliged to offer him another position. If vacant position is absent or the employee has refused the job offered to him, the employment contract is terminated in accordance with clause 7

Material liability warehouse personnel is one of the most effective means of protecting company property. It implies that an employee who has caused damage due to his actions or omissions is obliged to compensate the losses to the company in the amount regulated by law.

Contract

The warehouse manager and storekeepers must sign a liability agreement with company management. Storekeepers are financially responsible for the safety of products from the moment they are accepted for storage until they are delivered for shipment. A liability agreement can be:

• Individual. In this case, each employee bears personal financial responsibility.
• Collective. Under this contract, the responsibility lies with the team of employees. Besides warehouse manager and storekeepers, it may include receivers, packers, selectors, commodity experts and other warehouse personnel.

The legal basis for being liable is the duty of the employee to carefully handle the property of the company. According to the Labor Code of the Russian Federation, material responsibility lies with all employees who are labor relations with the company on the basis of a concluded employment contract. In this case, the form of ownership of the employer does not matter. Material liability can be assigned to former employees provided that damage to the property of the company was caused by them during the implementation of the employment relationship.

Damage

Responsibility falls on the employee when the following conditions are simultaneously met:

• there is direct damage;
• there was an unlawful act of an employee, which led to material losses;
• the fault of the employee who caused the damage has been proven;
• there is a causal relationship between employee actions / inaction and material losses.

Direct (or actual) damage is damage to the real property of the company caused by:

• loss of property or any part of it;
• appropriation of firm property;
• damage to company property;
• lowering the value of the firm's property;
• forcing to incur expenses for the acquisition, repair or restoration of property;
• forcing to carry out additional payments any third parties.

Examples of damage are shortages; damage to property; repair costs; monetary fines or penalties for obligations not fulfilled by the company; payment by the company of forced absenteeism to employees; payment of forced downtime of equipment and other costs. That is, matresponsibility is imposed both for harm caused to the company with which the employee is in an employment relationship, and for harm caused by the company to third parties.

Exists regulations, and studying them helps the top management of the company avoid many problems.

1. The list of positions and jobs replaced or performed by employees with whom the employer can conclude written agreements on full individual financial liability for shortage of entrusted property
2. Standard form of an agreement on full individual liability
3. The list of works, during the performance of which full collective (brigade) financial liability for the shortage of property entrusted to employees may be introduced
4. Standard form of an agreement on full collective (brigade) material liability

Compensation for damage

The harm caused to the company is reimbursed in accordance with the Labor Code of the Russian Federation. If an employee must compensate for the damage in an amount that does not exceed his average monthly salary, then by order of the company's top management (the head of the organization, his deputy), the money is withheld from the salary. Such an order must be issued no later than two weeks from the date of establishing the harm caused by the employee.

You can withhold money no earlier than a week from the day the employee was notified of the withholding. If the employee does not agree to the deduction or the amount of the deduction, then he must apply. A dispute over such an application will be considered in the manner prescribed by law. In all other cases, in order to compensate for the damage, the company's management must file a claim with the judicial authority.

If the management violated the order and made an illegal deduction from the employee's salary, then the review body labor disputes, having considered the employee's application, will oblige the administration to return the withheld money.

Recovery of material damage from the administration of state and municipal institutions carried out in court. To initiate a case, you need a claim from a higher authority or a statement from a prosecutor.

The employee needs to compensate for the damage caused to the firm, regardless of whether the employee will be brought to disciplinary / administrative / criminal liability.

Before management issues an order to withhold the amount of damage from wages employee, from the employee it is necessary to obtain written explanations of the reasons due to which the damage occurred. Refusal to provide written explanations does not affect the attraction of the employee to financial liability. However, it must be remembered that such a refusal shows the employee's disagreement with the decision of his superiors, and this is usually how a labor conflict begins. It is advisable for the firm's management to document the employee's refusal in front of witnesses.

Before attracting an employee to the responsibility of the administration, it is necessary to carefully analyze the situation and make sure that the cause of the damage was the worker's fault. If there is a written explanation from the employee, the management should take into account the opinion of the subordinate. However, the employee's disagreement with the financial responsibility assigned to him or with the amount of deductions is not a reason to suspend the order of deduction. The employee has the opportunity to apply to the appropriate judicial authority to resolve the labor dispute.

If the amount of compensation for damage is more than the employee's average monthly earnings, then the management can withhold it only after the decision of the judicial authority. In this case, the administration has no right to collect the average monthly salary against the total amount of damages.

Damage recovery algorithm

The sequence of actions of the top management of the company for compensation of damage should be as follows:

1. Determine the amount of damage caused.
2. Analyze the reasons that led to it.
3. Take written explanations from the employee responsible for the damage or record the employee's refusal to give such explanations in front of witnesses.
4. Establish the amount of the employee's liability.
5. Issue an order for damages or apply to a judicial authority for a decision to withhold money from wages.

The work of the judiciary

The judicial authorities are considering the following cases of maturity:

• The claim of the company's management for compensation for damage not exceeding the average monthly earnings in the event that the money cannot be collected by order. For example, the manual missed statutory the term for the issuance of the order; the employee terminated the employment contract with the company.
• A claim from the company's administration for compensation for harm in excess of the employee's average monthly salary.
• A claim by an employee who disagrees with the deduction made by management or the amount of damages. A prerequisite the trial must be a preliminary examination of the employee's claim in the prescribed manner.

To appeal to the judicial authority, the manager of the company can use

The basis for the onset of full material liability, from the list established by the specified norm, the employer indicates a shortage of values ​​entrusted to the defendants on the basis of a special written contract (Article 243, part 2 of the Labor Code of the Russian Federation), i.e. on the basis of an agreement on complete collective material responsibility. As established by the court, on the basis of the order of the employer dated November 02, 2009. he (the employer) on the same day with the defendants, as part of a brigade (team) of 11 people, concluded an agreement on full collective liability. Kuznetsova M.N. was appointed as the head of the team. The contract was signed by all members of the team. The brigade included, in addition to commodity experts and the warehouse manager, loaders.

Is it possible to conclude an agreement on full liability with movers?

The labor function of the employee, enshrined in employment contract, is determined by the position, profession (specialty), qualifications and nature of the work performed. TransportMM - transport portal To a greater extent, this applies to workers working as a driver - forwarder.

since the legal service of the majority of transport - forwarding companies... carrier companies. I have come across such issues more than once in my practice, and she knows perfectly well how to protect her rights. Also, there is a tendency when some employers, an employee actually working as an ordinary driver, in every possible way, by signing "various additional agreements“, They are trying to turn them into a driver - a freight forwarder. Logistics of Russia 138 Labor Code of the Russian Federation, Art.

Loader is financially responsible person or not

FAS SZO: it is possible to return material evidence in a criminal case only after a statement. So the Arbitration Court of the North-West District decided. Top Stories: Alcohol Litigation Alcoholic drinks Is not only an obligatory attribute of every holiday, but also a subject of business.

Attention

Therefore, they often become the reason for administrative and tax fines, the subject of customs disputes and proceedings for the protection of consumer rights. In the review judicial practice- alcohol disputes. Employment CEOs will adjust Civil Code The Ministry of Justice of Russia proposes to exclude from Labor Code RF norms on the regulation of the conclusion of contracts with the heads of organizations.

Material liability of movers

Where one cannot do without "clean" loaders, a strict habitat should be determined for them. How to transfer goods and materials in the absence of a financially responsible person? Is there an opportunity for an enterprise to carry out such a transfer without the presence of the transferring materially responsible person and, if so, how to legally correctly formalize it? Such a possibility exists, but subject to the fulfillment by the enterprise and the materially responsible person transferring goods and materials, some of the requirements of a number of norms of the current legislation.

Let's consider everything in order. Carrying out an inventory when changing financially responsible persons on the day of acceptance and transfer of cases is mandatory in accordance with cl.

Complete mat. a responsibility

Is it possible to conclude an agreement on full liability with a loader? Indeed, the list of positions and jobs does not include the position of a loader. At the same time, I know that in many organizations these agreements are concluded.
How is it correct? Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 to some extent limited the arbitrariness of introducing full financial liability for employees.

Important

Indeed, many employers tend to regard all employees as financially responsible. This is not true. All employees, without exception, bear limited liability.

But full - only financially responsible persons, i.e. those workers whose labor activity associated with storage, processing, sale (release), transportation or use of material assets in the production process. Thus, agreements on full liability can be concluded in two cases: 1.

Material liability of a loader

According to the loader's ID, he is obliged to: Perform loading and unloading operations and sorting, stacking, carrying, re-weighing, packing manually in the warehouse and open area in accordance with the rules and regulations. In what case it will be possible to conclude an agreement on material liability (individual or collective) with the movers? "Or" work on the issuance of material values ​​in the warehouse (base, etc.). "Whether it will be possible after such an adjustment job duties conclude an individual or collective agreements about full financial responsibility? Answer Answer to the question: An agreement on full financial liability cannot be concluded with the loaders, since this position is not included in the List approved by the Decree of the Ministry of Labor of Russia No. 85 dated December 31, 2002.

This is not true. All employees, without exception, bear limited liability. But full - only financially responsible persons, i.e. those workers whose labor activity is associated with storage, processing, sale (vacation), transportation or use of material assets in the production process. Thus, agreements on full liability can be concluded in two cases: 1.

Office moving do our movers bear financial responsibility

It is possible to order an office move from Avega House with the conclusion of an agreement and subsequent insurance of the transported property. We value our customers and conduct honest activities, in the event of force majeure through our fault, the material side will be resolved immediately. Below is our experience in the issue of the responsibility of movers for their actions during office moves. The responsibility of the movers - is there any? Material liability of loaders is not an empty phrase, however, in order to be able to have guarantees when using the services of moving companies, a contract should be concluded. In the absence of an agreement, it is simply not possible to prove anything in our reality. We provide the opportunity to sign a contract for the provision of services, which helps to avoid a number of unpleasant situations. You can order office relocation from Avega House by using the specified contacts or through the form feedback... e-mail: commerce: prices are relevant for: our fleet of vehicles how the cost of a vacancy is calculated Is there material responsibility for movers when moving office? In the official lists of specialties there is no such position as "loader", therefore, there can be no legal relationship with loaders.

That is, he is in an employment relationship in accordance with an agreement with the employer. Thus, the loader is obliged to compensate the employer for the direct actual damage caused to him in accordance with labor law. At the same time, the amount of responsibility should not exceed the average monthly earnings specified employee... If the loader is not in an employment relationship with the employer, according to the law, he is not liable for the cargo.

YurClub conference

2002 year. Gleb 26 Aug 2003 The list of works, during the performance of which full collective (brigade) financial liability for the shortage of property entrusted to employees may be introduced (Appendix No. 3 to the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85) Works: for acceptance for storage, processing ( manufacturing), storage, accounting, release (issue) of material values ​​in warehouses, bases, storerooms, points, departments, at sites, in other organizations and divisions; -Guest- Aug 26 2003 Thanks for your reply.

Bringing to financial responsibility for the shortage

This can be done provided that an agreement has been concluded with him and if there is a causal relationship between the actions of the warehouse manager and the damage to the employer (Appellate ruling of the Bryansk Regional Court dated May 23, 2013 No. 33-1543 (2013)). From part 1 of Art. 244 of the Labor Code of the Russian Federation, it follows that written agreements on full individual material liability (clause 2 of part 1 of Art.

Material liability of movers

The loader should know: 1.4.1. Organization of loading and unloading operations; safety rules for their implementation; 1.4.2. Conditions of transportation and storage of goods; 1.4.3. Forms of documents for the receipt and dispatch of goods; 1.4.4. Location of warehouses and places of loading and unloading of goods; 1.4.5.

The procedure for receiving and delivering goods; 1.4.6. Permissible dimensions when loading goods onto open railway rolling stock and motor vehicles when loading goods from railway wagons and stacking them; 1.4.7.

Material liability of employees

Lost income (lost profits) are not subject to collection from the employee. Direct actual damage means a real decrease in the employer's cash assets or deterioration of the specified property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make expenses or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties. If you carefully read this article of the Code, you can easily make sure that we are still talking about theft or damage to property.