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Full liability of the loader.

And the relations that arise between the employee and the employer are regulated by the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation).

Article 232 of the Labor Code of the Russian Federation establishes that one of the parties to an employment contract is obliged to compensate the other party for the damage caused in the manner determined by the Labor Code of the Russian Federation and other federal laws. The liability of a party to an employment contract is for the damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction).

The employee is obliged to compensate only for direct actual damage. Such damage is understood as a real decrease in the employer's cash property or deterioration in the condition of the said 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 incur costs or excessive payments for the acquisition or restoration of property. In addition, damages incurred by the employer as a result of compensation for damage to other persons are subject to compensation. Lost profits are non-refundable.

There are the following types of liability:

Article 241 of the Labor Code of the Russian Federation establishes that an employee may be liable for damages in an amount not exceeding his average monthly earnings. This type of liability applies in all cases for which the Labor Code of the Russian Federation does not provide for other types of liability.

damage or destruction of the organization's property due to negligence or negligence;

loss of instruments or tools;

Shortage of funds as a result of non-fulfillment or improper fulfillment by the organization of its contractual obligations through the fault of the employee;

Loss of documents

full or partial devaluation of documents as a result of improper execution through the fault of the employee;

This type of liability provides for the obligation of the employee to compensate the direct actual damage caused to the employer in full.

In accordance with Article 242 of the Labor Code of the Russian Federation, such liability can be assigned to an employee only in cases provided for by the Labor Code of the Russian Federation and other federal laws. Employees under the age of eighteen may be held fully liable only in cases of deliberate infliction of damage, infliction of damage in a state of alcoholic, narcotic or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense. Article 243 of the Labor Code of the Russian Federation establishes that liability in the full amount of the damage caused is assigned to the employee in the following cases :

1) when, in accordance with this Code or other federal laws, an employee is assigned material liability in full for damage caused to the employer in the performance of the employee job duties;

Liability on this basis is imposed only if it is established by federal law. In some cases, federal legislation establishes increased standards for damages. For example, paragraph 6 of Article 59 federal law dated January 8, 1998 No. 3-FZ "On Narcotic Drugs and Psychotropic Substances" established: if the employee's failure to perform or improper performance of labor duties resulted in the theft or shortage of narcotic drugs or psychotropic substances, then liability for damage caused legal entity, is assigned to the employee in the amount of 100 times the amount of direct actual damage caused to the legal entity as a result of theft or shortage of narcotic drugs or psychotropic substances.

2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

According to Article 244 of the Labor Code of the Russian Federation, written agreements on full liability may be concluded with employees who have reached the age of eighteen and directly service commodity values or other property.

Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85 “On Approval Lists of positions and works substituted or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) liability, and standard forms agreements on full liability” approved the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the lack of entrusted property.

The list of positions includes, in particular, the following positions:

“Heads, other heads of warehouses, storerooms (points, branches), pawnshops, lockers, other organizations and departments for the procurement, transportation, storage, accounting and issuance of material assets, their deputies; household managers, commandants of buildings and other structures, storekeepers, custodians; elder nurses healthcare organizations; procurement and / or supply agents, transportation forwarders and other employees who receive, procure, store, record, issue, transport material assets.

Heads and other heads of pharmacy and other pharmaceutical organizations, departments, points and other divisions, their deputies, pharmacists, technologists, pharmacists.

Laboratory assistants, methodologists of departments, deans, heads of library sectors.

The list of works includes, in particular, the following works:

“Works: on acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, at sites, in other organizations and divisions; for the issuance (reception) of material assets to persons staying in sanatorium and other medical and preventive organizations, boarding houses, campsites, motels, rest houses, hotels, hostels, rest rooms on transport, children's organizations, sports and recreational and tourist organizations, in educational organizations, as well as passengers of all types of transport; for equipping passenger ships, wagons and aircraft.

Works: on acceptance from the population of cultural and household items and other material assets for storage, repair and for performing other operations related to the manufacture, restoration or improvement of the quality of these items (values), their storage and other operations with them; for the issuance of rental to the population of cultural and household items and other material values.

Works: on acceptance and processing for the delivery (escort) of cargo, baggage, postal items and other material values, their delivery (escort), issue (delivery).

Works: on the purchase, sale, exchange, transportation, delivery, forwarding, storage, processing and use in the production process of precious and semi-precious metals, stones, synthetic corundum and other materials, as well as products made from them.

Works: on cultivation, fattening, maintenance and breeding of agricultural and other animals.

Works: for the manufacture, processing, transportation, storage, accounting and control, sale (purchase, sale, supply) of nuclear materials, radioactive substances and waste, other chemicals, bacteriological materials, weapons, ammunition, components for them, explosives and other products (goods) prohibited or restricted for free circulation.

The standard form of an agreement on full liability was approved by the above-mentioned Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85. This agreement should specify the duties of the employee and the duties of the administration of the organization to ensure the safety of valuables.

So a standard contract The employee has the following responsibilities:

take care of the property transferred to him for the implementation of the duties assigned to him;

timely inform the administration about all circumstances that threaten the safety of property;

keep records, draw up and submit relevant reports in accordance with the established procedure;

Participate in property inventory.

Administration, in its turn, undertakes:

create the conditions necessary for the employee to work normally and ensure the complete safety of the property entrusted to him;

acquaint the employee with legislative acts establishing the rules for working with material values;

Carry out an inventory in accordance with the established procedure.

If the administration does not fulfill its obligations and this leads to damage, the employee has the right to demand a reduction in the amount of damage that will be recovered from him, and even a complete exemption from compensation.

3) intentional infliction of damage;

If the damage was not caused intentionally, but due to negligence or negligence, then limited material liability applies to the employee.

4) infliction of damage in a state of alcoholic, narcotic or other toxic intoxication;

To apply this basis for bringing an employee to liability, you need documentary evidence that the employee was in a state of alcoholic, narcotic or toxic intoxication - a medical report, an act of suspension from work, and so on.

5) causing damage as a result of the criminal actions of the employee, established by a court verdict;

To bring an employee to liability on this basis, a court verdict is required. If the court passes a verdict of not guilty or the case is dismissed, then the employee may be held liable on other grounds.

6) causing damage as a result of an administrative offense, if such is established by the relevant state body;

7) disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws;

According to Article 139 of the Civil Code of the Russian Federation, information constitutes official or trade secret in the event that it has real or potential commercial value due to its unknownness to third parties, it is not freely accessible on a legal basis, and the owner of the information takes measures to protect its confidentiality. Persons who illegally obtained information that constitutes an official or commercial secret, as well as employees who divulged an official or commercial secret contrary to an employment contract, including a contract, and contractors who did this contrary to a civil law contract, are obliged to compensate for the losses caused.

8) infliction of damage not in the performance of labor duties by the employee.

Article 245 of the Labor Code of the Russian Federation provides for the introduction of collective liability. Such liability is introduced in cases where employees perform joint work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, while it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team).

Under an agreement on collective (brigade) material liability, values are entrusted to a predetermined group of persons, which is fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damages judicial order the degree of guilt of each member of the team (team) is determined by the court.

Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85 “On Approval of the Lists of Positions and Works Replaced or Performed by Employees with whom the Employer May Conclude Written Agreements on Full Individual or Collective (Team) Liability, as well as Standard Forms of Agreements on Full Liability” approved the List of works, in the performance of which collective liability may be introduced. This list includes, in particular, the following works:

purchase (acceptance), sale (trade, release, sale) of services, goods (products), their preparation for sale (trade, release, sale);

on acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, at sites, in other organizations and divisions; for equipping passenger ships, wagons and aircraft; servicing the residential sector of hotels (camping sites, motels, etc.);

on acceptance from the population of cultural and household items and other material assets for storage, repair and for performing other operations related to the manufacture, restoration or improvement of the quality of these items (values), their storage and other operations with them; on the issuance of rent to the population of cultural and household items and other material values;

for the manufacture, processing, transportation, storage, accounting and control, sale (purchase, sale, supply) of nuclear materials, radioactive substances and waste, other chemicals, bacteriological materials, weapons, ammunition, components for them, explosives and other products (goods) prohibited or restricted for free circulation.

The standard form of an agreement on collective liability was approved by the Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85.

Note!

The template does not contain provisions on how the amount of damages to be compensated should be distributed among the members of the team. Recall that previously these amounts were distributed in proportion to the monthly tariff rate and the time actually worked from the last inventory to the day the damage was discovered.

According to the provisions of Article 246 of the Labor Code of the Russian Federation, the amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of wear and tear.

Learn more about questions related to organization of warehouse accounting of various inventory items, registration of receipt of material assets to the warehouse, internal movement and issuance of material assets, as well as storage of valuables in a warehouse, You can find in the book of the authors of CJSC "BKR INTERCOM-AUDIT" "Aboutorganization of warehouse accounting».

The organization accepted 2 loaders. The employer wants to conclude a liability agreement with them. According to the List of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, approved. By the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85., there is no position of a loader. Also, there are no loading and unloading operations in the list of works. According to the loader's DD, he is obliged to: Perform loading and unloading operations and sorting, stacking, carrying, re-packing, manually packing in a warehouse and on an open area in accordance with the rules and regulations. them for sale" or "work on the issuance of material assets in a warehouse (base, etc.)". Is it possible after such an adjustment official duties conclude with loaders individual or collective agreements on full liability?

Answer

Answer to the question:

An agreement on full liability cannot be concluded with loaders, since this position is not included in the List approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

From Part 1 of Art. 244 of the Labor Code of the Russian Federation it follows that written agreements on full individual liability (clause 2 of part 1 of article 243 of the Labor Code of the Russian Federation) can be concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property. As a rule, such work is associated with the storage, release and sale of goods, with the escort and delivery of goods, etc. The list of such positions and works contains the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. C explains that written agreements on full liability can be concluded only with those employees and for the performance of those types of work that are provided for in the List. The said List is exhaustive and is not subject to broad interpretation.

This position has been confirmed judicial practice (see Ruling of the Altai Regional Court dated March 30, 2011 No. 33-2491/2011 at the end of the answer).

In addition, in paragraph 3.7 of the Order of the Ministry of Commerce of the USSR dated 19.08.1982 No. 169 (valid in the part that does not contradict the Labor Code of the Russian Federation) it is expressly stated that the composition of brigades with collective liability cannot enter : junior attendants, loaders, auxiliary (transport) workers, watchmen.

Inclusion in job description movers additional responsibilities will change labor function employees (which is possible only by agreement of the parties, part 1 of article 74 of the Labor Code of the Russian Federation) and will actually entail the performance by employees of official duties that are not inherent in the position of a loader.

In this case, you can (if available in staffing positions of a storekeeper and a seller) arrange for employees to combine the specified positions (Article 60.2 of the 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 Collection.

Details in the materials of the System Personnel:

1. Answer:With which employees can I conclude an agreement on full liability

Agreements on full 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 among those that allow the conclusion of such an agreement.

It is unlawful to conclude agreements on full liability with employees whose positions are not provided for by the approved one. A similar position is taken by the courts (see, for example, appeal rulings
And ).

Attention: Conclude with the head of the organization, his deputies and the chief accountant separate contract on full liability (Art., Labor Code of the Russian Federation).

Tip: B employment contract with the employee who will serve the material assets, stipulate the condition that he bears full financial responsibility on the basis of the relevant contract. This will help to avoid trouble in the future if the employee refuses to sign an agreement on full liability. If he agreed to such a condition when hiring, he is simply obliged to sign the contract itself.

Refusal to conclude such an agreement should be considered as non-fulfillment of labor duties. What can be followed by (). This point of view is confirmed in the decision of the Plenum Supreme Court RF dated March 17, 2004 No. 2.

An example of concluding an agreement on full individual responsibility

P.A. Bespalov was accepted into the organization as a storekeeper.

Storekeepers are financially responsible employees (to). Therefore, it was concluded with Bespalov. In addition, the condition on the full liability of the employee is provided for in the agreement concluded with him.

2. Answer:Is it possible to conclude an agreement on full liability in the framework of the combination. The position that the employee will combine involves the maintenance of inventory items

Ivan Shklovets,

Deputy Head Federal Service for work and employment

3. Arbitrage practice:

case no. 33-2491/2011

DEFINITION

Judicial Collegium for Civil Cases of the Altai Regional Court

as part of

presiding Vishnyakova C.T.

judges Sekerina Oh.AND., Mzhelskoy T.A.

considered in an open court session the cassation appeal of the representative of the plaintiff LLC "TELETS LTD" against the decision of the Eastern district court Biysk, Altai Territory dated December 07, 2010

in the case of the claim LLC «TALETS LTD» to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.AND. for damages,

Having heard the report of Judge Vishnyakova S.G.,

installed:

On 10/19/2009, she was hired in LLC "TAURUS LTD" in the position ... Eroshenko E.I., November 02, 2009. transferred to the position ... Kuznetsova M.N., 11/18/2009 transferred to the position ... of the enterprise Tishkevich A.V.

On November 2, 2009, by the order of the director of the enterprise, full collective material liability was established at the warehouse of OOO TALETS LTD. The head of the team was appointed ... Kuznetsova M.N.

As a result of the February 2010 Inventory at the warehouse revealed a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by the inventory sheet No. T6 dated February 05, 2010. and collation statement dated the same date.

On the fact of misappropriation of sugar by unknown persons in the period from 12/29/2009 to 02/05/2010 at the warehouse of TALETS LTD LLC, a criminal case was initiated, the proceedings on which were suspended on 07/26/2010 due to the failure to identify the person suspected of committing a crime.

OOO "TALETS LTD" turned to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.I. for the recovery of damages in the amount of … RUB. In support of the claims, it was pointed out that an agreement on full collective liability was concluded with the defendants.

The inventory of inventory items revealed a shortage of inventory items in the granulated sugar warehouse in the amount of 4600 kg per total amount… rub. During the inventory, the defendants were also present, who put their signatures in the inventory.

At the court session, the representatives of the plaintiff supported the stated requirements, indicating that during the period of shortage of sugar, the defendants worked in the warehouse, 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 LLC ChOP "Black Scorpio", there is no alarm system. 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. Kuznetsova herself claimed that she paid for the goods, however, when checking documents, checks, relevant documents on payment for Kuznetsova's sugar were not found. A criminal case was initiated on the fact of shortage of sugar, the proceedings on which were suspended due to the failure to identify the perpetrators. It is believed that the shortage of sugar in the warehouse was due to the fault of the defendants, since the latter improperly exercised control over the movement of goods, and the defendant Kuznetsova exported sugar for personal needs, the fact of payment was not confirmed.

defendant Tishkevich A.The. objecting to the claim, he pointed out that 3 storekeepers and loaders worked in the warehouse. The keys to the warehouse were kept by MN Kuznetsova, the senior storekeeper. The warehouse was opened in turn, who left last. The reason for the lack of sugar is unknown to him. He was a witness when Kuznetsova at the end of 2009 shipped sacks of sugar into her personal car. When asked if she had paid for the sugar, the latter replied that she would pay later. He believes that it is not his fault for the shortage.

defendant Kuznetsova M.N. objecting to the claim, she explained that she worked as a senior storekeeper, was engaged in shipment and packaging of goods. Two more storekeepers and loaders worked in the warehouse. There are several gates in the warehouse, one of them is central, entry to outsiders is prohibited. The warehouse was closed by the storekeeper, who was the last to leave, the gates were not sealed, a note was inserted into the lock, indicating who closed the warehouse. From the gate there were 2 sets of keys, she and Eroshenko. In November 2009, she purchased 2 bags of sugar at the warehouse, for which she paid. Documents on payment are in LLC "Taurus LTD". It is not her fault for the lack of sugar. Perhaps the shortage was formed due to the loss of documents for sugar.

December 07, 2010 by the decision of the Eastern District Court of Biysk, Altai Territory to satisfy the claims of OOO «TALETS LTD» to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.AND. denied.

The representative of the plaintiff filed a cassation appeal against the decision, in which he asks to cancel the decision and make a decision to satisfy the stated requirements.

As grounds for the annulment of the decision, he points to the incorrect distribution of the burden of proof by the court. Thus, the absence of one's guilt, in the presence of a duly concluded agreement on full liability, had to be proved by the defendants.

The fact that the perpetrator of the theft has not been identified in the investigation of the criminal case does not preclude the satisfaction of these claims.

The fact that the claim was not filed against all members of the brigade (collective) is not grounds for dismissing the claim. In this case, the court should have involved all members of the team in the case and considered the dispute.

The court, without sufficient grounds, came to the conclusion that the employer did not provide adequate protection of inventory items. The court did not take into account that the warehouse is guarded around the clock by private security companies, therefore there are no grounds for installing a security alarm.

As established by the court and follows from the case file, LLC «TALETS LTD» in the position ... worked Kuznetsova M.N., in the position ... Eroshenko E.AND. and Tishkevich A.V.

02.11.2009 by order of the director of the enterprise, full collective material liability was established in the warehouse of LLC "TALETS LTD", the head of the team was appointed .... Kuznetsova M.N.

On November 2, 2009, an agreement on full collective liability was concluded between the employer and employees in the amount of 11 people.

The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse.

As a result of the February 2010 During the inventory at the warehouse, a shortage of granulated sugar was found in the amount of 4600 kg, which is confirmed by the inventory sheet dated February 05, 2010. and collation statement dated the same date.

According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for Altai Territory April 29, 2010 the amount of shortage of granulated sugar in the warehouse of LLC "Telets LTD" was established in the period from December 30, 2009. to February 05, 2010, which amounted to … rub.

The court refused to satisfy the claims for the recovery of the shortfall amount.

The panel of judges agrees with the conclusion that there are no grounds for satisfying the claim, based on the following.

The basis for bringing the employee to full liability is, along with the fact of causing direct actual damage to the employer, the assignment of the position replaced by the employee to the list of works established by the Decree of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 No. 85 “On approval of the lists of positions and works substituted or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability, and the occurrence of one of the cases provided for in Art. 243 labor code Russian Federation.

As established by the court, on the basis of the order of the employer dated 02 November 2009. he (the employer) on the same day with the defendants, as part of a team (team) of 11 people, concluded an agreement on full collective liability. Kuznetsova MN was appointed as the head of the team. The contract was signed by all members of the team.

The brigade included, in addition to merchandisers and the warehouse manager, loaders.

By virtue of the requirements of the norms of Article 345 of the Labor Code of the Russian Federation, when jointly performed by employees certain types work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (team) liability may be introduced.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team) on a voluntary basis.

The list of positions and jobs with which the employer can enter into agreements on full collective responsibility is established by the Decree of the Ministry of Labor and Social Development of the Russian Federation dated December 31, 2002 No. No. 85 “On approval of the lists of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability.

Loaders are not classified as employees with whom such an agreement can be concluded. Thus, their inclusion in the brigade and in the agreement on full collective 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 members of the team out of 11 are financially responsible, such an agreement cannot be recognized as concluded in the established labor law order and cannot serve as a basis for imposing collective liability on the defendants, as stated as the cause of action.

Moreover, the responsibility of each storekeeper was not individually differentiated, the place of storage of goods received by each of them was not individualized.

Under such circumstances, the panel of judges agrees with the court's conclusion 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 of the Labor Code of the Russian Federation.

The arguments of the cassation complaint about the possibility of determining the amount of damage, taking into account the rest of the team members (loaders) are not based on the law mentioned above.

Taking into account that the disputed contract cannot be recognized as concluded, other arguments of the cassation appeal do not entail the cancellation of the court decision, since they do not have legal value for business.

Considering that the court correctly identified the circumstances relevant to the case, and the arguments of the cassation appeal do not entail the cancellation of the court decision, the judicial collegium finds no grounds to satisfy the cassation appeal.

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It is unlawful to conclude agreements on full liability with employees whose positions are not provided for by the List approved by Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. The courts take a similar position (see, for example, the appeal rulings of the Irkutsk Regional Court dated July 24, 2013 No. 33-5868/13 and the Supreme Court of the Republic of Khakassia dated July 24, 2013 No. 33-1736/2013). Attention: It is not necessary to conclude a separate agreement on full liability with the head of the organization, his deputies and the chief accountant (Articles 243, 277 of the Labor Code of the Russian Federation). Tip: In the employment contract with the employee who will serve the material assets, stipulate the condition that he bears full financial responsibility on the basis of the relevant contract.

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

Important

The employee holds the position specified in part 1 of the said resolution of the Ministry of Labor of the Russian Federation; 2. The employee performs the work specified in paragraph 2 of the regulation. Accordingly, in order to make loaders financially responsible persons, it is necessary to include in the list of their job responsibilities (job description, employment contract, etc.), for example, the provision that the loader “performs work on the release of services (goods, products), preparing them for sale” or “work on the issuance of material assets in a warehouse (base, etc.)”.

After such an adjustment in job responsibilities, you will have the legal right to conclude with movers either individual contracts on full financial responsibility, or include them in a team (team) bearing full collective financial responsibility. L. Frantsuzova, specialist in labor law LLC Personnel Holding Beta Press May 1, 2006

Material responsibility of loaders

Info

Having checked the case materials within the framework of the arguments of the cassation complaint on the grounds of Article 347, Part 1 of the Civil Procedure Code of the Russian Federation, having discussed the arguments of the complaint, the judicial board considers the cassation complaint not subject to satisfaction. As established by the court and follows from the case file, LLC «TALETS LTD» in the position ... worked Kuznetsova M.N., in the position ... Eroshenko E.AND. and Tishkevich A.V. 02.11.2009

Full mat. responsibility

From Part 1 of Art. 244 of the Labor Code of the Russian Federation it follows that written agreements on full individual liability (clause 2 of part 1 of article 243 of the Labor Code of the Russian Federation) can be concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property. As a rule, such work is associated with the storage, release and sale of goods, with the escort and delivery of goods, etc. The list of such positions and works contains the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.
In the letter of Rostrud dated October 19, 2006 No. 1746-6-1, an explanation is provided that written agreements on full liability can be concluded only with those employees and for the performance of those types of work that are provided for in the List. The said List is exhaustive and is not subject to broad interpretation. This position is also supported by case law (cf.

Does the shipper have liability?

Why are only regulations Ministry of Labor??? There is such article 245 of the Labor Code of the Russian Federation and it is written in clear and white that when workers jointly perform certain types of work related .. to the transportation .. of valuables transferred to them ... So - on the basis of this article, we now have brigade responsibility for storekeepers, transporters and drivers. And we simply don’t have such a concept as a loader - they are all transporters, because loading is automated.

And even if it’s just a loader, it is still connected with the process of transporting material assets from the warehouse to a car (container, wagon, tank car) ... I think that the loader also falls under the transportation of valuables, with a stretch, of course ... Well, or take a different approach - a different use of material assets ..

Maybe it's just a different use...

“subsidies mortgage agency yugra payments 2012”

The question refers to the city of Kurgan Loader, by definition, not yavl. mat. answer. face. If he (the loader) stole something, for example, he bears civil liability according to the Civil Code. A financially responsible person may be an employee who is given a mat.
valuables, usually this is a seller, cashier, manager, but not like a loader, whose duties to take in one place, put in another. Then the profession of a loader is not included in the list of professions in the performance of duties for which without fail agreements on full material liability are concluded. Password someone else's computer Forgot your password? © 1997 — 2018 PPT.RU Full or partial copying of materials is prohibited, with agreed copying, a link to the resource is required. Your personal data is processed on the site for the purpose of its functioning within the framework of the Policy regarding the processing of personal data.

Can a loader be a financially responsible person?

In addition, the condition on the full liability of the employee is provided for in the employment contract concluded with him. From the answer “How to conclude an agreement on full liability” 2. Answer: Is it possible to conclude an agreement on full liability within the framework of combination.
The position to be held by the employee involves the maintenance of inventory items. Read more about the additional payment for material liability here. If the position (profession) that the employee will combine involves direct service or the use of money, goods, and other property of the employer, then additionally conclude an agreement with the employee on full liability (Articles 241–243 of the Labor Code of the Russian Federation).

The loader may be a financially responsible person

of the Labor Code of the Russian Federation, it follows that written agreements on full individual liability (clause 2, part 1, article Liability of loaders) The loader must know: 1.4.1.

Attention

Conditions of transportation and storage of goods; 1.4.3. Forms of documents for receiving and sending goods; 1.4.4. Location of warehouses and places of loading and unloading of goods; 1.4.5. The order of acceptance and delivery of goods; 1.4.6. Permissible dimensions when loading goods on open railway rolling stock and motor vehicles when loading goods from railway cars and stacking them in a pile; 1.4.7.

Liability of employees Unreceived income (lost profit) is not subject to recovery from the employee.

Is it possible to conclude an agreement on full liability with the loader? Indeed, in the list of positions and works there is no position of a loader. At the same time, I know that in many organizations these agreements are concluded. How right? Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No.

N 85 to some extent limited the arbitrariness on the introduction of full liability for workers. Indeed, many employers tend to consider all employees financially responsible. This is wrong. All employees, without exception, bear limited liability. But the full one - only financially responsible persons, i.e. those workers whose labor activity associated with the storage, processing, sale (release), transportation or use of material values in the production process. Thus, agreements on full liability can be concluded in two cases: 1.

The loader is a financially responsible person

Determination of the Altai Regional Court dated March 30, 2011 No. 33-2491 / 2011 at the end of the answer). Read more about the liability agreement here: In addition, in paragraph 3.7 of the Order of the Ministry of Trade of the USSR dated 08.19.1982 No. 169 of the Instruction on the procedure for applying in state trade the legislation governing the material liability of workers and employees for damage caused to an enterprise, institution, organization (valid in the part that does not contradict the Labor Code of the Russian Federation) it is expressly stated that teams with collective liability cannot include: junior service personnel , movers, auxiliary (transport) workers, watchmen. The inclusion of additional duties in the job description of loaders will entail a change in the labor function of employees (which is possible only by agreement of the parties, Part 1 of Art.

The defendants refused to voluntarily compensate for the damage caused. Since the amount of damage exceeds the average earnings of the defendants, they ask the court to recover from the defendants in compensation for the full actual damage of ... rub. each in equal shares. At the court session, the representatives of the plaintiff supported the stated requirements, indicating that during the period of shortage of sugar, the defendants worked in the warehouse, 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 LLC ChOP "Black Scorpio", there is no alarm system. 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.

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

In particular, written agreements on full individual liability can be concluded with employees who receive, procure, store, record, issue, transport material assets, as well as with employees who carry out work on the acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, depots, in storerooms, points, departments, at sites, in other organizations and divisions (Appendix N 1 to the Decree of the Ministry of Labor Russia N 85). However, the implementation specified works not associated with functions related directly to the profession of a loader.

Full mat. responsibility

Attention

LLC "TALETS LTD", the head of the team was appointed .... Kuznetsova M.N. On November 2, 2009, an agreement on full collective liability was concluded between the employer and employees in the amount of 11 people.

The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse. As a result of the February 2010 During the inventory at the warehouse, a shortage of granulated sugar was found in the amount of 4600 kg, which is confirmed by the inventory sheet dated February 05, 2010.
and collation statement dated the same date. According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for the Altai Territory of April 29, 2010. the amount of shortage of granulated sugar in the warehouse of LLC "Telets LTD" was established in the period from December 30, 2009. to February 05, 2010, which amounted to … rub.

Is the loader financially responsible person?

Popular questions From the answer “How to arrange a combination of professions (positions)” Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment 3. Judicial practice: case No. 33-2491/2011 DEFINITION

judges Sekerina Oh.AND., Mzhelskoy T.A. examined in open court the cassation complaint of the representative of the plaintiff Ltd. «TELETS LTD» against the decision of the Eastern District Court of Biysk, Altai Territory of 07 December 2010. in the case of the claim LLC «TALETS LTD» to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.AND. on the recovery of damages, after hearing the report of Judge Vishnyakova S.G., she established: On October 19, 2009, she was hired in Taurus LTD LLC in the position ... Eroshenko E.I., November 02, 2009.

Can there be two financially responsible persons in one warehouse

The basis for the onset of full liability, from the list established by this norm, the employer points to the lack of valuables entrusted to the defendants on the basis of a special written agreement (Article 243 Part 2 of the Labor Code of the Russian Federation), i.e. on the basis of an agreement on full collective material liability. As established by the court, on the basis of the order of the employer dated 02 November 2009.
he (the employer) on the same day with the defendants, as part of a team (team) of 11 people, concluded an agreement on full collective liability. Kuznetsova MN was appointed as the head of the team. The contract was signed by all members of the team. The brigade included, in addition to merchandisers and the warehouse manager, loaders.

QUESTION: At the retail trade enterprise, an agreement on collective financial responsibility was concluded with employees, among whom the loader was included. Is it legal? ANSWER: The employer, taking into account the approximate list of works, during the performance of which collective (team) material liability may be introduced, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 14.04. collective (brigade) liability.
Consider, for a start, with which categories of employees contracts on full liability can be concluded.

Can a loader transporter be a financially responsible person

When asked if she had paid for the sugar, the latter replied that she would pay later. He believes that it is not his fault for the shortage. defendant Kuznetsova M.N.
objecting to the claim, she explained that she worked as a senior storekeeper, was engaged in shipment and packaging of goods. Two more storekeepers and loaders worked in the warehouse. There are several gates in the warehouse, one of them is central, entry to outsiders is prohibited. The warehouse was closed by the storekeeper, who was the last to leave, the gates were not sealed, a note was inserted into the lock, indicating who closed the warehouse.
From the gate there were 2 sets of keys, she and Eroshenko. In November 2009, she purchased 2 bags of sugar at the warehouse, for which she paid. Documents on payment are in LLC "Taurus LTD". It is not her fault for the lack of sugar.
Perhaps the shortage was formed due to the loss of documents for sugar. December 07, 2010
Moreover, the responsibility of each storekeeper was not individually differentiated, the place of storage of goods received by each of them was not individualized. Under such circumstances, the panel of judges agrees with the court's conclusion 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

Important

Russian Federation. The arguments of the cassation complaint about the possibility of determining the amount of damage, taking into account the rest of the team members (loaders) are not based on the law mentioned above. Taking into account that the disputed contract 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.

Kuznetsova M.N., 11/18/2009 was transferred to the position of ... enterprise Tishkevich A.V. On November 2, 2009, by the order of the director of the enterprise, full collective material liability was established at the warehouse of OOO TALETS LTD. The head of the team was appointed ... Kuznetsova M.N. On November 2, 2009, an agreement on full collective liability was concluded between the employer and employees in the amount of 11 people.

Info

The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse. As a result of the February 2010 Inventory at the warehouse revealed a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by the inventory sheet No. T6 dated February 05, 2010.

and collation statement dated the same date. According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for the Altai Territory of April 29, 2010.
The list of positions and work performed or replaced by employees with whom an enterprise, institution, organization can conclude written agreements on full liability for failure to ensure the safety of valuables transferred to them for storage, processing, sale (vacation), transportation or use in the production process, approved by the Decree of the USSR State Labor Committee and the Secretariat of the All-Union Central Council of Trade Unions of December 28, 1977 N 447/24 does not contain the profession of a loader.

By virtue of the requirements of the provisions of Article 345 of the Labor Code of the Russian Federation, when employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (team) liability may be introduced. A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team) on a voluntary basis. Under an agreement on collective (brigade) material liability, values are entrusted to a predetermined group of persons, which is fully liable for their shortage.

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

In this case, the court should have involved all members of the team in the case and considered the dispute. The court, without sufficient grounds, came to the conclusion that the employer did not provide adequate protection of inventory items. The court did not take into account that the warehouse is guarded around the clock by private security companies, therefore there are no grounds for installing a security alarm.
Having checked the case materials within the framework of the arguments of the cassation complaint on the grounds of Article 347, Part 1 of the Civil Procedure Code of the Russian Federation, having discussed the arguments of the complaint, the judicial board considers the cassation complaint not subject to satisfaction. As established by the court and follows from the case file, LLC «TALETS LTD» in the position ... worked Kuznetsova M.N., in the position ... Eroshenko E.AND. and Tishkevich A.V. 02.11.2009

Loader financially responsible person or not

Agreement on collective liability Is it possible to include a loader in an agreement on collective liability. If not, then on the basis of what legal acts. Thank you.read answers (1) Subject: Liability agreement Is it legal to conclude a liability agreement with a loader? Can a trade enterprise decide on its own with whom to conclude this agreement and with whom not.read answers (2) Topic: Labor lawA loader-sorter, by law, is included in the list of professions related to liability?read answers (1) Topic: Deduction from wagesIs it possible to conclude an agreement on full liability with drivers and loaders? And if in the process of work these employees spoil the goods, then read the answers (1) Subject: Liability I work in a store as a loader, I signed an agreement on full liability.

Material responsibility of loaders

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 an office move from Avega Dom using the specified contacts or using the form feedback. e-mail: commerce: prices are relevant for: our fleethow the cost of vacancies is calculated In the official lists of specialties there is no such position as "loader", therefore, there can be no legal relationship with loaders. Liability of loaders That is, it consists in labor relations according to the 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 legislation.

Full mat. responsibility

And during the year, no one else approached him and did not say to take a checkmate. funds, and with the onset of the revision, he was credited with the amount of the equipment or parts of the equipment that did not reach. However, to date, the Cabinet of Ministers of Ukraine has not established such a list, and the list of positions and works approved in 1977 remains in force (the resolution “On approval of the list of positions and works replaced or performed by employees with whom an enterprise, institution, organization can conclude written agreements on full liability for failure to ensure the safety of valuables transferred to them for storage, processing, sale (vacation), transportation or use in the production process, as well as standard contract on full liability” N 447/24).

Liability of the loader

Info

TC RF). 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 Collection. Details in the materials of the Personnel System: 1. Answer: With which employees it is possible to conclude an agreement on full liability Agreements on full 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 among those that allow the conclusion of such an agreement.

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

№ 85.