Form of the document “Agreement on full financial liability" refers to the heading "Employment contract, labor contract." Save the link to the document in social networks or download it to your computer.

Agreement on full individual financial responsibility
№ _____

_____________ "____" _______________ G.

LLC "__________", hereinafter referred to as the "Employer", represented by general director ________________., acting on the basis of the Charter, on the one hand, and _____________________________, hereinafter referred to as the “Employee,” on the other hand, collectively referred to as the “Parties,” have entered into this Agreement as follows.

1. Subject of the Agreement
1.1. The Employee assumes full individual financial responsibility for the shortage of property entrusted to him, as well as for losses incurred by the Employer in connection with compensation for damage to other persons.
1.2. The Employer creates for the Employee the conditions necessary for the proper fulfillment of obligations under this Agreement.

2. Rights and obligations of the Parties
2.1. The employee has the right:
2.1.1. Accept the entrusted property and control its storage, processing, sale (release), transportation and use in production.
2.1.2. Participate in inventory, audit, and other verification of the safety of entrusted property.
2.1.3. IN special cases such as theft, natural disaster, damage to goods, etc., require the Employer to take an inventory of the entrusted property.
2.2. The employee is obliged:
2.2.1. Treat the entrusted property with care and take measures to prevent damage.
2.2.2. Record, compile and submit reports on the movement and balances of property.
2.2.3. Promptly notify the Employer of all circumstances that threaten the safety of property.
2.3. The employer has the right:
2.3.1. In case of damage or shortage of property, recover damages from the Employee in the manner specified in Section 4 of this Agreement.
2.3.2. Check the availability and condition of property in the manner prescribed by law.
2.4. The employer is obliged:
2.4.1. Create for the Employee the conditions necessary to ensure the safety of the entrusted property.
2.4.2. Timely identify and eliminate the reasons that prevent the Employee from ensuring the safety of property, identify those responsible for causing damage and bring them to justice in accordance with the law.
2.4.3. Familiarize the Employee with the provisions of the current legislation on financial liability for damage caused to the Employer, and other legal acts(including local ones) on the procedure for storage, processing, sale (release), transportation, use in production and other operations with the transferred property.
2.4.4. Provide the Employee with the conditions necessary for timely accounting and reporting on the movement and balance of property.
2.4.5. Take into account the Employee’s requirements for an inventory of property.
2.4.6. Analyze the reasons that threaten the safety of property reported by the Employee and take measures to eliminate them.

3. Procedure for accounting and reporting
3.1. Reception, accounting and reporting of property is carried out by the Employee in accordance with the order of the General Director.
3.2. Inventory (scheduled and unscheduled) of property is carried out by a specially appointed commission within the time limits established by law.
3.3. Reports on the movement and balance of property are signed by the Employee and transferred to the Employer.

4. Compensation for damages
4.1. The basis for bringing the Employee to financial liability is the direct actual damage caused by him, as well as losses incurred by the Employer in connection with compensation for damage to other persons.
4.2. An employee is released from financial liability if it is established that the damage was not his fault.
4.3. Actual losses are determined based on market prices valid on the day the damage was caused, but cannot be lower than the value of the property according to accounting data, taking into account depreciation.
4.4. The procedure for compensation for damage is regulated by current labor legislation.
4.5. This Agreement comes into force on the day of signing and is valid for the entire period for which the Employee is entrusted with the property.
4.6. This Agreement is drawn up in two copies, each having the same legal force, one for each of the Parties.
4.7. Changes to the terms of this Agreement, addition, termination or termination are possible only by written agreement of the Parties, which is an integral part of this Agreement.

5. Addresses and details of the Parties

• 
  It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
• 
  Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
• 
  Gossip in the workplace is quite commonplace, and not only among women, as is commonly believed.

The financial responsibility of an employee is a certain relationship between the employee and the employer, providing for the legal liability of personnel for damage to the enterprise through their fault.

Main legislative act regulating the relationship between the parties in this issue, became Labor Code RF.

What kind of agreement is this?

The employer must be aware that the requirement of full financial responsibility has no legal force, even if it is provided for in. There is only one way: to conclude an additional agreement and include the condition for its signing in the employment contract. The initiator may be the employee himself, but it is the employer who makes the final decision.

An agreement containing the employee’s responsibility for preserving the values ​​entrusted to him, and the employer’s responsibility for ensuring necessary conditions storage of property entrusted to the employee comes into force from the date of its signing.

Before a contract is concluded, an inventory must be completed, which will make it possible to clearly determine the scope of responsibility of the new employee. This is also a guarantee that you will not have to pay for shortages or other damage caused by someone else.

It is advisable for the manager to ensure that the agreement is signed by the employee before he begins to perform his duties and is concluded employment contract.

With whom?

An employer may exercise its right to conclude a similar contract with an employee of the enterprise in addition to an employment contract, if it over 18 years old, And his work is directly related to material values(storage, processing, sale (release), transportation, etc.). Most often, the agreement is concluded with the seller, cashier, storekeeper, chief accountant, etc.

The Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85 clearly stipulates the composition of persons who may be charged with full financial responsibility. The employer cannot expand this list, although it is known for sure that not all positions and types of work related to material assets, are included here. If an employee combines several professions (positions), and one of them is included in the List (Article 244 of the Labor Code of the Russian Federation), such an agreement can be concluded.

When checkmate liability is provided for by federal law, there is no need to enter into an agreement.

To learn how to hold an employee accountable, watch the following video:

Main sections and terms of the document

It should list the specific responsibilities of the enterprise management and employee, which will ensure the safety of entrusted values ​​and property.

The employer must create conditions for the person to work, familiarize him with the legislative documents regulating liability for damage and other regulatory framework related to this area, carry out inventories, property safety checks, and audits.

The employee must:

• treat the property entrusted to him with care and prevent damage;
• in the event of circumstances that pose a threat to the safety of property, immediately report information to the employer;
• keep records and prepare necessary reports in a timely manner, take part in inventories, audits and other checks.

According to the agreement, the employee will be given full financial responsibility for the preservation of property and for damage incurred by the employer, compensating it to third parties when:

• damage was caused to the property of the enterprise;
• the obligations of the student agreement have been violated;
• a commercial (official) secret has been disclosed.

He will not be held accountable if the shortage or damage to material assets was not his fault, or if the degree of his guilt has not been established.

This agreement may establish additional requirements regarding the equipment of the premises with valuables stored in it, temperature regime or additional locks.

Concluding an agreement when changing jobs

To date, the issue of the need to conclude a new contract when an employee changes position (job), if financial responsibility remains with him, has not been fully resolved.

The Labor Code of the Russian Federation believes that transfer to another job means a change in labor function, permanent or temporary. This means that a person’s responsibilities related to material assets, or the maintenance of property, or its quantity change.

Due to the fact that the agreement is valid while the employee fulfills the duties assigned to him with the entrusted property, it must be terminated upon transfer to another job. To do this, a separate written agreement must be drawn up, and the entrusted property must be returned. After this you need to conclude new agreement and determine conditions that take into account the employee’s new responsibilities and the material assets entrusted to him.

Where and for how long is it stored?

As long as a person works at the enterprise and holds a position associated with values, the document continues to be valid. One copy each is kept by the employer and the employee.

If there is a need to introduce additional conditions, make any changes, or even terminate it, any of the listed actions can only be performed with the written consent of each party.

Recovery of damages from an employee

An employer has the legal right to hold an employee financially liable if the following facts are established:

• direct damage has been caused;
• illegal actions of the employee, violations of job descriptions or internal safety regulations, etc. have been identified;
• there was intentional action or negligence.

Damage caused to the employer subject to assessment. When establishing its exact size, the residual value of the property is taken into account in an amount corresponding to accounting data and the market price in the region. In this case, natural decline is not included in the assessment. The amount of damage after the final assessment is recorded in the order, which the employee must be familiar with, and in confirmation of this he must sign.

If the damage occurred as a result of an emergency event that cannot be prevented, a threat necessary for defense, the employee does not have to compensate for it.

Only damage caused by illegal actions, deliberately or due to negligence, will be recovered by the employer, as provided for in the Labor Code.

An explanatory note submitted by the employee upon the fact of causing (identifying) damage will help the employer establish real reasons what happened.

Material individual liability can be partial or full. The Labor Code of the Russian Federation has established the procedure and amount of compensation for damage for each of these types.

Partial option

Amount of damage correlates with the average wages employee per month. When the damage is less than the salary, it is compensated in full; when it is more, it is compensated in an amount equal to the average monthly salary.

Full version

Full refund without restrictions is given when:

• The court verdict recognized the employee’s actions as criminal;
• the law has established this type of responsibility for this position;
• There is an agreement on full mat. responsibility signed by the employee;
• the damage occurred when the person was not at work and did not fulfill his duties job responsibilities;
• the employee received property and valuables against any one-time documents;
• a shortage, intentional damage or destruction of property has been identified;
• the damage was caused by a drunk person.

This form of compensation is primarily used for employees working with commodity values and money. The worker must compensate the damage within a month after he signed the order with the established amount of damage. Otherwise, after this period, the amount will be recovered from him through the court.

An employee may, with the consent of the employer, compensate for the damage caused in cash, in the form of similar property, and also correct the damage on our own. He may also enter into an installment plan agreement with the employer. And vice versa, he can, at his own discretion, compensate for the damage in a larger amount.

Sometimes it happens that an employee under eighteen years of age must also bear full responsibility. This is possible when the damage was caused intentionally, while drunk, under the influence of drugs, or as a result of a crime. Under other circumstances, he will be exempt from liability, even if the employer has concluded such a contract with him.

Refusal to sign the agreement

If an employer assigns a person to work with material assets as his main responsibility, and the employee accepts the offer and begins to perform his duties, he enters into an agreement on full swearing. responsibility. His refusal to do this is perceived as failure to fulfill his official duties, which entails penalties and even dismissal.

In order to avoid undesirable consequences in the event of disputes, when the employer will be obliged to prove in court that the employee knew about the upcoming signing of an additional contract, it is important that this condition is reflected in the employment contract or in job description.

The employer may not require the agreement to be signed.

Then, in the event of a shortage or damage to property, he cannot demand full compensation from the employee for damage, unless the damage was caused intentionally or while intoxicated.

It may turn out that the legislation has changed. As a result, the position held by the employee was included in the above List. This means that there is a need to conclude an agreement. The employee has the opportunity to refuse, and then he will receive an offer new job. If it is not offered, or the employee refuses it, then the employment contract is subject to termination.

An agreement on financial liability can be concluded if the employee’s job responsibilities include the storage and sale of inventory items, as well as their transportation, processing and use in the production process (Article 118 of the Labor Code of the Russian Federation).

AGREEMENT

ABOUT FULL INDIVIDUAL MATERIAL RESPONSIBILITY

_________ "___"____________ 20__

Hereinafter referred to as

(name of enterprise, institution, organization)

“Employer”, represented by ________________________________, acting on the basis of _____________, on the one hand, and ____________________________________________,

(position, surname, first name, patronymic)

hereinafter referred to as the “Employee”, on the other hand, have entered into this agreement as follows:

1. An employee holding a position ___________________ in the _______________ department related to storage (processing, sales, transportation, etc.) assumes full financial responsibility for the shortage of property entrusted to him by the Employer, as well as for damage incurred by the Employer in as a result of compensation for damage to other persons, and in connection with the above undertakes:

1.1. Treat with care the property of the Employer transferred to him for the implementation of the functions (responsibilities) assigned to him and take measures to prevent damage.

1.2. Promptly inform the Employer or immediate supervisor about all circumstances that threaten the safety of the property entrusted to him.

1.3. Keep records, draw up and submit in the prescribed manner commodity-monetary and other reports on the movement and balances of the property entrusted to him.

1.4. Participate in inventory, audit, and other verification of the safety and condition of the property entrusted to him.

2. The employer undertakes:

2.1. Create for the Employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him.

2.2. Familiarize the Employee with the current legislation on the financial liability of employees for damage caused to the employer, as well as other regulatory legal acts (including local ones) on storage (processing, sales, transportation, etc.) and carrying out other operations with property transferred to him.

2.3. Carry out inventory, audits and other checks of the safety and condition of property in the prescribed manner.

3. Determination of the amount of damage caused by the Employee to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons, and the procedure for their compensation are made in accordance with current legislation.

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

5. This Agreement comes into force from the moment of its signing. This Agreement applies to the entire period of work with the Employer’s property entrusted to the Employee.

6. This Agreement is drawn up in two copies of equal legal force, one of which is kept by the Employer, and the second by the Employee.

7. Changes in the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.

Addresses and details of the parties:

Employer: Employee:

_________________________________ _____________________________

In the process of carrying out its activities, an economic entity engages hired employees. When performing their job duties, they 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 inactions, caused material damage to the organization.

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, financial liability in full occurs only when a financial liability agreement is drawn up with this person.

Therefore, when hiring financially responsible persons, it is necessary to draw up an agreement on full financial responsibility. For example, with a storekeeper, driver, watchman, etc.

If this is not done, then the employee can only be recovered for damages 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. Important for drawing up an agreement on full financial responsibility is the employee’s work with the company’s material assets.

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 jobs, and full responsibility agreements can be concluded with the workers involved. 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.

Next step- designation of each of the parties 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, this may include installing a safe, equipping the premises with a security alarm, engaging a third-party security company (PSC), etc.

The contract must mention the provision of the employee with a 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 must be separately identified - for example, when 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 damage while under the influence of alcohol or drugs;
• 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.

All employees related to the storage, use of material assets and financial resources The enterprise enters 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 invite you to additionally download 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.