Full material responsibility of the loader. The work of the judiciary

This is wrong. 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 material values 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 office moving 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 an office move from Avega House by using the specified contacts or through the feedback form. e-mail: commerce: prices are relevant for: our fleet how the cost of a vacancy is calculated Is there material liability 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, it consists of labor relations according to the contract 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... In this case, the amount of liability should not exceed the average monthly earnings of the 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.

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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 can be introduced (Appendix No. 3 to the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85) Works: on acceptance for storage, processing ( manufacturing), storage, accounting, release (issue) of material values in warehouses, bases, storerooms, points, offices, 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

Unearned 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.

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 defendants in compensation for full actual damage for ... RUB. from each in equal shares. At the hearing, the plaintiff's representatives supported the stated claims and pointed out that during the period when the sugar shortage arose in the warehouse, the defendants worked, 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 the Black Scorpion private security company, 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.

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

In particular, written agreements on full individual material 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 receiving for storage, processing (manufacturing), storage, accounting, dispensing (issuing) material assets in warehouses, bases, storerooms, points, offices, sites, 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. responsibility

Attention

LLC "TELETS LTD", was appointed the head of the team…. Kuznetsova M.N. On 02.11.2009, an agreement on full collective financial responsibility was concluded between the employer and employees in the amount of 11 people.

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 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 the amount of the shortage of granulated sugar in the warehouse of LLC "Telets LTD" in the period from December 30, 2009 was established. on February 05, 2010, which amounted to… rubles.

Is the loader a financially responsible person?

Popular questions From the answer "How to arrange a combination of professions (positions)" Ivan Shklovets, Deputy Head Federal Service for labor and employment 3. Arbitrage practice: case No. 33-2491 / 2011 DEFINITION March 30, 2011 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 damages, 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.

Can there be two materially responsible persons in one warehouse

The basis for the onset of full financial 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 labor code Russian Federation), i.e. on the basis of an agreement on full collective liability. As established by the court, on the basis of the employer's order of 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.

QUESTION: A retail trade company has a collective liability agreement with employees, including a loader. Is it legal? ANSWER: The employer, taking into account an approximate list of works, in the performance of which may introduce collective (brigade) material responsibility, approved by the decree of the Ministry of Labor of the Republic of Belarus No. 54 dated April 14, 2000, on the basis of a collective agreement, and in the absence of such work, it can independently approve the list of positions and jobs performed by employees or employees.
Let us first consider with which categories of employees contracts on full liability can be concluded.

Can a loader be a financially responsible person

When asked if she paid for 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 the 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, no unauthorized entry is allowed. The warehouse was closed by the storekeeper, who was the last to leave, the gate was not sealed, a note was inserted into the lock, where it was indicated who closed the warehouse.
There were 2 sets of keys from the gate, she and Eroshenko. In November 2009, she bought sugar in the warehouse in the amount of 2 bags, for which she paid. Payment documents are in LLC "Telets LTD". It's not her fault for the lack of sugar.
Perhaps the shortage was due to the loss of sugar documents. December 07, 2010
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

Important

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.

Kuznetsova M.N., 18.11.2009 transferred to the position of ... of the enterprise A.V. Tishkevich. 02.11.2009, by order of the director of the enterprise, full collective liability was established in the warehouse of LLC TELETS LTD. MN Kuznetsova was appointed the head of the team. On 02.11.2009, an agreement on full collective financial responsibility was concluded between the employer and employees in the amount of 11 people.

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and a collation statement from the same date. According to the conclusion of the expert of the forensic department for the city of Biysk of the EKTs of the Central Internal Affairs Directorate for the Altai Territory dated April 29, 2010.
The list of positions and jobs replaced or performed by employees with whom an enterprise, institution, organization can conclude written agreements on full financial responsibility for failure to ensure the safety of values transferred to them for storage, processing, sale (release), transportation or use in the production process approved by the Resolution The State Committee for Labor of the USSR 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.

Material liability of warehouse personnel is one of the effective means of protecting company property. It implies that an employee who caused damage due to his actions or inaction 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 the 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. except warehouse manager and storekeepers, it may include receivers, packers, selectors, commodity experts and other warehouse personnel.

The legal basis for the responsibility of the employee 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 in labor relations with the company on the basis of the concluded labor contract. In this case, the form of ownership of the employer does not matter. Material liability can be imposed on former employees provided that the damage to the property of the company was caused by them during the implementation of the employment relationship.

Damage

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

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

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

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

Collection 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 is subject 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 company'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 average monthly earnings on account of the total amount of compensation for damage.

Damage recovery algorithm

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

Determine the amount of damage caused.
Analyze the reasons that led to it.
Take written explanations from the employee responsible for the damage or record the employee's refusal to give such explanations in front of witnesses.
Establish the amount of the employee's liability.
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 consider 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, management missed the legal deadline for issuing an order; employee terminated labor contract with a company.
The company's administration claim for compensation for damage exceeding average monthly salary employee.
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

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) 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 pre-established group of persons, who are fully financially responsible for their shortage.

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

In this case, the court should have involved all members of the brigade in the consideration of the case and considered the dispute. The court, without sufficient grounds for that, concluded that the employer did not provide adequate protection of inventory items. The court did not take into account that there is a round-the-clock security of the warehouse by means of private security companies, therefore there is no reason to establish a security alarm.
Having checked the case materials within the framework of the arguments of the cassation appeal 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 appeal not subject to satisfaction. As established by the court and follows from the materials of the case, in LLC "TELETS LTD" in the position ... worked Kuznetsova MN, in the position ... Eroshenko E.AND. and Tishkevich A.The. 02.11.2009

Loader is financially responsible person or not

Collective liability agreement Can a loader be included in the collective liability agreement. If not, then on the basis of what legal acts. Thank you. Read the answers (1) Topic: Liability agreement Is it legal to conclude a liability agreement with a loader. Can a trade company decide for itself with whom to conclude this agreement and with whom not. Read the answers (2) Topic: Labor law, by law, is a loader-sorter included in the list of professions related to material responsibility? Read answers (1) Topic: Deduction from wages Is 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, read the answers (1) Subject: Liability I work in a store as a loader and signed an agreement on full liability.

Material liability of movers

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 House by using the specified contacts or through the feedback form. e-mail: commerce: prices are valid for: our vehicle fleethow the cost of a vacancy is calculated Is there material responsibility of 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. Material liability of movers That is, he is in labor relations in accordance with the contract 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.

Complete mat. responsibility

And within a year, no one else came up to him and said to take a checkmate. funds, and with the onset of the audit, the amount of the equipment or parts of the equipment that was missing was charged on it. However, to date, the Cabinet of Ministers of Ukraine has not established such a list, and the list of positions and jobs approved in 1977 remains in force (the decree “On approval of the list of positions and jobs replaced or performed by employees with whom an enterprise, institution, organization may enter into written agreements on full liability for failure to ensure the safety of valuables transferred to them for storage, processing, sale (release), transportation or use in the production process, as well as a model agreement on full liability "N 447/24).

Material liability of a loader

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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 as one that allows the conclusion of such an agreement.

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

№ 85.