Material responsibility of the loader of the warehouse. Can a loader in a warehouse be a MOL

TC RF). And then for 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 is approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

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

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 Russian Federation December 31, 2002 No. 85 “On approval of the lists of positions and works replaced 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 by Art. . 243 of the Labor Code of the Russian Federation.

Material responsibility of 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 receiving, processing (manufacturing), storing, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, branches, sites, other organizations and divisions (Appendix N 1 to the Decree of the Ministry of Labor of Russia N 85). However, the implementation specified works not associated with functions related directly to the profession of a loader.

Full mat. responsibility

Important

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.

Does the shipper have liability?

Popular questions From the answer "How to arrange a combination of professions (positions)" Ivan Shklovets, Deputy Head Federal Service on labor and employment 3. Court practice: case No. 33-2491 / 2011 DEFINITION On March 30, 2011, the Judicial Collegium for Civil Cases of the Altai Regional Court, composed of the presiding Vishnyakova S.G.

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.

“subsidies mortgage agency yugra payments 2012”

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. November 2, 2009

between the employer and employees in the amount of 11 people signed an agreement on full collective liability. 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 Altai Territory April 29, 2010

Can a loader be a financially responsible person?

Attention

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 conclusion of the court that there are grounds for refusing to satisfy the claims made by the plaintiff for the employer to recover damages from employees on the grounds of Art.

345 labor code

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.

The loader may be a financially responsible person

YurClub conference 2002. Gleb 26 Aug 2003 The list of works, during the performance of which full collective (team) liability for the shortage of property entrusted to employees can be introduced (Appendix N 3 to the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85) Works: on acceptance for storage, processing ( production), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, sites, in other organizations and divisions; -Guest- 26 Aug 2003 Thank you for your reply. Liability for shortage This can be done provided that the contract is concluded with him and if there is a causal relationship between the actions of the warehouse manager and the damage to the employer (Appeal ruling of the Bryansk Regional Court dated 23.05 .2013 No. 33-1543(2013)).
From Part 1 of Art.
By virtue of the requirements of the norms 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 to conclude an agreement with him on compensation for damage in full, collective (brigade) 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.

The loader is a financially responsible person

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.

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 them in the list official duties (job description, labor 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 legal right conclude with loaders either individual agreements on full liability, or include them in a team (team) bearing full collective liability. L. Frantsuzova, specialist in labor law LLC Personnel Holding Beta Press May 1, 2006

Material responsibility of loaders

Info

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

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 (paragraph 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 has been confirmed judicial practice(cm.

Does the shipper have liability?

And why are only the normative acts of the Ministry of Labor cited here ??? There is such an article 245 of the Labor Code of the Russian Federation and it is written in clear white in it 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 the 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 - other use of material values ​​..

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 agreements on full liability are concluded without fail. 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 not true. All employees, without exception, bear limited liability. But the full one - only financially responsible persons, i.e. those employees whose labor activity is related to the storage, processing, sale (vacation), transportation or use of material assets 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 Commerce of the USSR dated 08.19.1982 No. 169 Instructions on the procedure for applying in state trade the legislation governing the liability of workers and employees for damage caused to an enterprise, institution, organization ( operates 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 financial responsibility cannot include: junior service personnel, loaders, 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.

1. I work as a loader and we are forced to sign an agreement on full liability. Is it legal? And is it possible not to refuse to sign the contract on the basis of what?

1.1. Dear Ivan.
Yes, the employer's requirements are legal.
In accordance with Art. 244 of the Labor Code of the Russian Federation:
Written agreements on full individual or collective (team) liability, that is, on compensation to the employer for damage caused in full for the lack of property entrusted to employees, can be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property .
Lists of works and categories of employees with whom these contracts can be concluded, as well as standard forms of these contracts are approved in the manner established by the Government of the Russian Federation.
And in accordance with Appendix No. 3 of the Decree of the Ministry
labor and social development of the Russian Federation of December 31, 2002 N 85 when performing work: on the reception and processing for the delivery (escort) of cargo, baggage, postal items and other material and monetary values, their delivery (escort), issue (delivery) may be subject to full liability
If the employment contract has already been signed earlier, by virtue of Article 73 "Changing the essential terms of the employment contract" of the Labor Code of the Russian Federation, the manager must notify the employee in writing two months in advance of the need to sign an agreement on full liability. If the employee agrees, then there will be no problems for the employer. But if the employee refuses to conclude such an agreement, then the employer is obliged to offer him another position. If vacant position is absent or the employee has refused the job offered to him, the employment contract is terminated in accordance with clause 7

By virtue of the requirements of the norms 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 to conclude an agreement with him on compensation for damage in full, collective (brigade) 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: Hold out 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, 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 via the feedback form. 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, he is in an employment relationship 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.

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 (Resolution “On Approval of the List of Positions and Works Replaced or Performed by Employees with whom an Enterprise, Institution, Organization Can Enter into 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.

03.09.2019

The heads of companies whose activities are related to work with material values ​​assign appropriate responsibility to employees.

With the persons carrying it, they draw up a special labor contract or an additional agreement.

In case of inaccurate use of items related to the property of the company, the employer has the right to demand compensation for losses.

Definition according to the Labor Code of the Russian Federation

A materially responsible person is considered to be employed citizens who, in order to fulfill their official duties, were entrusted with the material values ​​of the organization.

In general terms, almost anyone who works with items that are the value of the company can be recognized as such an employee.

The main difference between a MOL and an ordinary employee is the possibility of bringing to liability. In this case, it can be limited and complete.

Who can be a PTO in an organization - list of positions

Only certain categories of working citizens can bear financial responsibility.

List of employees:

• employees who are in the process of professional activity carry out manipulations with securities;
• citizens participating in purchase and sale transactions and other similar ones;
• warehouse professionals;
• persons whose work is related to interaction with jewelry;
• employees of closed organizations.

A clear list of persons who are obligatorily assigned the previously mentioned type of responsibility is established by the Labor Code of the Russian Federation and the Decree of the Ministry of Labor.

This list includes a sufficient number of positions.

List of positions by Labor Code and Decree:

• accountant (including chief accountant);
• storekeeper;
• director;
• cashiers;
• company executives and their deputies;
• salesman;
• serviceman;
• cashier;
• pharmacists, etc.

For clearance labor relations with an employee whose position is included in the specified list, the employer must take care of some nuances.

If it is established for an employee, an additional contract should be concluded with him. When establishing, the conditions relating to this topic should be reflected in the main agreement.

Can a loader in a warehouse be a MOL?

Not everyone attaches due importance to the profession of a loader. The activities of such employees are related to the lifting and other types of transportation of various goods.

These may include items that are characterized by increased fragility and value. The question follows from this - is the loader a person liable?

To get an answer, it is necessary to analyze the list of positions in relation to which a full mat should be mandatory. responsibility. Loaders are not included in this list.

At the same time, it is important to remember that limited liability is automatically assigned to all employees of the enterprise.

The loader cannot be a fully financially responsible person.

In case of damage to the employer, employees pay him compensation, the amount of which cannot exceed the average monthly wage of the worker.

Is the head of the enterprise MOL?

According to the information reflected in Article 243 of the Labor Code of the Russian Federation, the head of the company is a financially responsible person.

It is possible to bring him to the appropriate type of liability only if certain conditions are met.

These are the following factors:

• causing damage as a result of premeditated actions (presence of intent);
• improper performance of official duties or complete inaction of the employee;
• dissemination of information not subject to disclosure;
• committing an offense in a state of any kind of intoxication;
• identification of shortages of material values.

The head of the company bears full financial responsibility. There is no need to draw up an additional contract for its registration. The conditions for its occurrence must be present in the main agreement.

Responsibilities and functions

Persons who are held liable are obliged to comply with the established rules, which are the same for all employees of this nature.

The responsibilities of the MOL include:

• careful attitude to property entrusted to a financially responsible person, its careful use, as well as ensuring its safety and value;
• immediate notification of the head of the danger, as a result of which damage to the company's property may be caused (in the event of such circumstances);
• keeping records of material assets, controlling their quantity and volume, conducting regular appropriate checks;
• carrying out inventories;
• taking part in the procedure for accepting new material assets.

Each position may have other, more specific responsibilities.

Their essence should be reflected in the labor or additional agreement.

The MOT functions are defined in a similar way. Information about their explanation should be present in the documentation of the type indicated above.

The main function of employees who bear financial responsibility is to properly perform their duties and ensure the safety of the property entrusted to them.

How is it assigned?

The basis for bringing a materially responsible person to the appropriate type of responsibility is a certain document.

It has already been indicated earlier that an employment contract or an additional agreement can act as such.

The first option is used if the full type of responsibility is established.

The conditions for its occurrence and the procedure for bringing to responsibility should be present in one of the clauses of the agreement.

In the event that an incomplete mat is established in relation to an employee. responsibility, the employer should conclude an additional contract with the employee.

The document should contain all the information related to this issue.

Directly the appointment of a materially responsible person is formalized by order.

Is criminal liability possible?

Persons who are financially liable may also be subject to criminal prosecution. The specificity of the MOL activity is based on interaction with material values.

The most common cases of criminal liability are fraud - theft, theft of property belonging to the company.

In order to bring the MOL to criminal liability, the employer must prepare a document confirming the fact of fraud and submit it to the police.

In the future, the issue will be considered in court. When an employee is proven guilty, a proper sentence is issued to him.

For a part-time job

The Labor Legislation establishes that all employed citizens are subject to material liability of a limited type.

To completely mat. employees whose positions are reflected in the Labor Code of the Russian Federation are recognized as a responsible person. There are no exceptions in this case.

From this we can conclude that employees who simultaneously work in several companies are held liable in the general manner.

Therefore, part-time workers can be financially responsible persons. The number of places of employment does not affect this factor in any way.

findings

Financial responsibility in a certain amount is assigned to all employees. If the position of the employee is not included in the list of persons carrying the full mat. responsibility, its limited form is assigned to him.

The MOL has certain responsibilities and functions. Their essence depends on the specific position. The main duty of financially responsible persons is the careful use and proper storage of the property entrusted to them.

In case of damage, breakage and damage to property, the MOT is obliged to compensate the employer for the damage. The technology for determining its size depends on the installed type of mat. responsibility. In the presence of certain factors, the MOT can be held criminally liable.