"Bonuses to employees of the organization and its documentation"

[subornaakter40]

Let's take a real case that was considered by the Rostov Regional Court (ruling of 14.05.2015 in case No. 33-6963/2015). An employer entered into an agreement with one of its employees, who held the position of a driver-forwarder, on full financial responsibility in the event of damage to the company's property caused by the latter.

Some time later, when the employee was transporting products to the store, the company car entrusted to him broke down. It was established that the cause of the breakdown was neglect of replacing lubricants, as well as the lack of coolant in the tank. All of the above was within the competence of the driver, who, according to the terms of the contract, was obliged to periodically perform maintenance of the vehicle assigned to him. The employer, on the basis of a previously concluded agreement on financial responsibility, decided to demand compensation from the employee for the full cost of repairing the company car.

The case was referred to court, where the following information was revealed: the employee held two positions – driver and forwarder. Each of these positions implies different working conditions and level of responsibility for the entrusted property. In addition, the position of "forwarder" is included in the List, while "driver" is not.

It turns out that the document is valid only with respect to the work activity of the forwarder, which the employee performs simultaneously with the function of the driver. That is, bringing the employee to financial liability is possible only in the event of causing material damage that is directly related to the duties of the forwarder. For example, damage was caused to the products that he accompanies.

But the forwarder is not responsible for the serviceability of the vehicle, the responsibility to maintain the car in working order lies with the driver, and since the latter's position does not appear in the List, it will not be possible to demand compensation for damage to the car from this employee under a previously drawn up agreement. The document in this case is simply invalid.

The agreement on full financial responsibility is signed by both parties and is always presented in two copies. It is signed at the time of concluding the employment contract. The first specifies esinc email list the responsibilities of not only the employee, but also the employer, who must provide his employee with all the conditions necessary for the safe storage of the material resources entrusted to him. An integral nuance of a correctly drawn up agreement is the presence of the date of its conclusion on the document, since it is from this day that the employee is assigned a certain responsibility for the property entrusted to him. If the date is missing from the agreement, it is considered invalid.

Attention! The contract must necessarily contain a clause that the employee is exempt from any claims and accusations if the damage was not his fault. The text of the agreement must also state that full compensation is provided only for such types of damage as shortages and damage to property. In other cases, the employee's financial liability, according to the Labor Code of the Russian Federation, is limited. Below is a drawing showing a sample agreement on the financial liability of a cashier.

An employee who has signed this agreement is obliged not only to keep records and ensure the safety of the property entrusted to him, but also to promptly report to the employer all situations that threaten the safety of resources. The employee must keep records of the balances and movement of material assets and promptly transfer the collected information to the company's accounting department.

Read also!

Read more
If the enterprise does not maintain commodity reporting, then all transactions on the movement of resources are entered into the accounting registers of the accounting department based on primary documents provided by financially responsible persons. The employee must also participate in the inventory, if necessary, providing the inspectors with all the accounting documents they request.

When it is not possible to separate the responsibilities of employees, i.e. they jointly perform certain types of work (storage, sales, transportation, etc.), an agreement on collective (team) material liability of the employee can be drawn up.

The employer's procedure in the event of an employee's financial liability
The employer's procedure in the event of an employee's financial liability

Before making a decision on compensation for damage caused to the material resources of the enterprise, the employer must:

assess the amount of damages resulting from the employee's actions, and also determine the cause of their occurrence (Articles 246, 247 of the Labor Code of the Russian Federation). The amount of payment is determined depending on the actual assessment of the damage caused, taking into account the market value at the time the damage occurred;

request a written explanation from the guilty employee about the reasons that prompted him to take actions that resulted in losses to the company. If the employee refuses to provide an explanation, this information should be entered into the relevant protocol.