Full financial liability

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A special form of financial obligation is the full collective (team) material liability of workers. It is introduced when employees jointly engage in activities related to the storage, processing, sale, and transportation of material resources transferred to them. In this case, there is no possibility of delimiting the financial liability of workers in order to draw up an agreement on individual material liability with each.

The introduction of this type of esinc email list obligation is permitted only if the following conditions are met simultaneously:

the work is carried out jointly;

it is not possible to delimit the financial liability of personnel and conclude an agreement with each on full individual financial liability;

the employer provided employees with all the conditions for normal, safe work and ensuring the safety of the material resources transferred to them for temporary use;

Everyone in the team is an adult.

A written agreement on full financial responsibility includes a list of obligations on the part of both the employee and the employer. The employee must:

handle the company's property entrusted to him for safekeeping with care, as well as prevent damage to these valuables and promptly inform the employer of all situations that pose a threat to the safety of the material resources entrusted to him for safekeeping;

make proposals for the reconstruction and repair of warehouses and sites to improve the storage conditions of the company's property;

compile and provide the employer with various types of records on the movement and balance of material assets.

In turn (according to the agreement) the employer undertakes to:

provide the employee with all the conditions for normal work and ensuring the safety of the valuables entrusted to him;

familiarize the employee with the current legislation on the material liability of employees for damage to the employer, as well as with the established instructions and accepted standards/rules for the storage, acceptance, processing, sale, transportation or operation in the production process of the resources transferred to him;

to carry out inventory and timely write-off of valuables in a regulated manner.

The team bears full financial responsibility for the resources transferred to it under the report (products, containers, materials, inventory, etc.). The contract is presented in two copies, one of which is kept by the employer, and the second is given to the other party to the agreement - the employee. The document is concluded for the entire period of work with the resources entrusted to the person.

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The basis for holding a group of people or an individual employee financially liable may be their negligence in ensuring the safety of resources (damage, shortage, failure and any other damage) transferred for storage, sale or other purposes, which is also confirmed by the inventory list.

The amount of damage caused by the team is distributed among the team members in proportion to the actual working time of each member during the period from the last inventory to the moment the damage is discovered.

Important nuances of drafting an employee liability agreement
Important nuances of drafting an employee liability agreement

The employee's financial liability is documented. An agreement on full financial liability can be concluded both with a long-time employee and with someone who is just being hired. It is only possible to receive full compensation for material damage caused by an employee if there is a bilateral agreement with the guilty party. An important condition: the agreement was drawn up according to all the rules and fully complies with the norms established by labor legislation and the relevant regulations.

It should be remembered that an agreement on full financial responsibility can only be concluded with an adult employee, as well as with an employee whose type of activity or position is included in the list of written agreements permitted for concluding with them on this type of responsibility for causing damage (shortage) to the resources entrusted to them. The list is approved by the Decree of the Ministry of Labor of the Russian Federation dated 31.12.2002 No. 85 (hereinafter referred to as the List). In addition, the said document presents a standard version of an agreement on the financial responsibility of an employee.

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The list of employees for concluding a contract on full financial liability includes such positions as cashier, store administrator, freight forwarder, warehouse manager, head of a pharmaceutical company, etc. If the List does not include a certain position or type of work, then it is impossible to conclude a contract on bearing full financial obligations with a representative of this profession. The only exceptions to this rule may be cases stipulated by Article 243 of the Labor Code of the Russian Federation.

Before concluding a written agreement on full financial liability of an employee, the employer must familiarize himself with the List of Positions, since the latter does not allow for variations in interpretation. Therefore, the employer must make sure that the job title of the employee with whom it is planned to sign the agreement corresponds to that specified in the List. If a person serves "part-time", then an agreement on liability with him can be concluded only if the name of his main position appears in the list of the List.