Are loaders financially responsible? Who can be a MOL in an organization - list of positions

Labor Code of the Russian Federation). And then, for combined positions (storekeeper and salesperson), you will be able to conclude agreements with employees on full financial responsibility. See paragraph 2 Collections. Details in the materials of the Personnel System: 1. Answer: With which employees can an agreement on full financial responsibility be concluded? Agreements on full financial responsibility can be concluded not with all employees, but only with those who:

• directly service 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 works with which written agreements on full financial responsibility can be concluded was approved by Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

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

The court refused to satisfy the demands for recovery of the amount of the shortfall. The panel of judges agrees with the conclusion that there are no grounds to satisfy the claim, based on the following.

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

Material liability of loaders

In particular, written agreements on full individual financial responsibility can be concluded with employees who receive, procure, store, record, issue, and transport material assets, as well as with employees who carry out work on acceptance for storage, processing (manufacturing), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, sites, in other organizations and divisions (Appendix No. 1 to Resolution of the Ministry of Labor of Russia No. 85). At the same time, the performance of these works is not related to functions related directly to the profession of a loader.

Complete swearing. responsibility

Important

Thus, their inclusion in the team and in the agreement on full collective financial responsibility is contrary to the law, which is not disputed by the plaintiff in the case, citing 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 assignment of responsibility to 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 manner established by labor legislation and cannot serve as the basis for imposing collective financial responsibility on the defendants, as stated as the grounds for the claim.

Does the loader have financial liability?

Popular questions From the answer “How to register 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 March 30, 2011 Judicial Collegium for Civil Cases of the Altai Regional Court in composition of the presiding Vishnyakova S.G.

judges Sekerina O.I., Mzhelskaya G.A. considered in open court the cassation appeal of the representative of the plaintiff LLC "TAURE LTD" against the decision of the Eastern District Court of Biysk, Altai Territory dated December 7, 2010. in the case of the claim of LLC "TAURUS LTD" against Kuznetsova M.N., Tishkevich A.V., Eroshenko E.I. on the recovery of damages, having heard the report of judge Vishnyakova S.G., she established: At OOO “TAURUS LTD” on October 19, 2009 she was hired in the position ... Eroshenko E.I., November 02, 2009.

“subsidies mortgage agency of Ugra payments 2012”

Kuznetsova M.N., 11/18/2009 transferred to the position ... of the enterprise Tishkevich A.V. On November 2, 2009, by order of the director of the enterprise, full collective financial liability was established at the warehouse of TAURUS LTD LLC. The head of the team was appointed... Kuznetsova M.N. 02.11.2009

An agreement on full collective financial responsibility was concluded between the employer and 11 employees. The persons who entered into the agreement included the defendants in this case and the loaders who worked in the warehouse. As a result of a study carried out in February 2010. inventory at the warehouse revealed a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by inventory sheet No. T6 dated February 5, 2010.
and a matching statement from the same date. According to the conclusion of a specialist from the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for the Altai Territory dated April 29, 2010.

Can a loader be a financially responsible person?

Attention

Moreover, the responsibility of each storekeeper was not individually delineated; the storage location of goods accepted 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 basis of Art.

345 labor code

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 team (loaders) are not based on the law discussed above. Taking into account that the disputed agreement cannot be recognized as concluded, other arguments in the cassation appeal do not entail the reversal of the court decision, since they have no legal significance for the case.

The loader may be the financially responsible person

YurClub conference 2002. Gleb 26 Aug 2003 List of works during the performance of which full collective (team) 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: 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 answer. Holding financially liable for shortages This can be done provided that an agreement has been concluded with him and if there is a cause-and-effect relationship between the actions of the warehouse manager and damage to the employer (Appeal ruling of the Bryansk Regional Court dated 23.05 .2013 No. 33−1543(2013)).
From Part 1 of Art.
Due to the requirements 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 valuables 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) financial liability may be introduced. A written agreement on collective (team) financial liability for damage is concluded between the employer and all members of the team (team) on a voluntary basis.

Under an agreement on collective (team) financial liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage.

The loader is the financially responsible person

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 the defendants full actual damages for ... rub. from each in equal shares. At the court hearing, the plaintiff’s representatives supported the stated demands and indicated that during the period of sugar shortage, the defendants were working 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 Private Security Company "Black Scorpion" LLC; there is no alarm system. When the warehouse was closed, the doors were sealed. In December 2009, warehouse workers learned that Kuznetsova was transporting bags of sugar without payment.

The basis for the onset of full financial liability, from the list established by this norm, is the employer indicating a shortage 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 responsibility. As established by the court, on the basis of the employer’s order dated November 2, 2009. On the same day, he (the employer) signed an agreement on full collective financial responsibility with the defendants, as part of a team of 11 people. Kuznetsova M.N. was identified as the team leader. The agreement was signed by all members of the team. The team included, in addition to merchandisers and the warehouse manager, loaders.

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

The employee’s labor function, enshrined in the employment contract, is determined by the position, profession (specialty), qualifications and nature of the work performed. TransportMM - transport portal To a greater extent this applies to workers working as a driver - forwarder.

since, the legal service of most transport and forwarding companies. carrier companies. She has faced such questions more than once in her practice, and knows perfectly well how to protect her rights. Also, there is a tendency when some employers, who actually work as an ordinary driver, try in every possible way, by signing “various additional agreements,” to turn them into a forwarding driver. Logistics of Russia 138 Labor Code of the Russian Federation, Art.

Is the loader financially responsible or not?

FAS North-West Zoo: it is possible to return material evidence in a criminal case only after an application. If the owner of the property included in the materials of the criminal case as material evidence did not declare his intention to take it away, then the investigator and the Ministry of Internal Affairs are not obliged to compensate him for the losses caused. This is what the Arbitration Court of the Northwestern District decided. Main news: Judicial practice in disputes over alcohol Alcoholic drinks are not only an obligatory attribute of every holiday, but also a subject of business.

Attention

Therefore, they often become the reason for administrative and tax fines, the subject of customs disputes and consumer protection proceedings. The review of judicial practice includes disputes about alcohol. Employment general directors will regulate the Civil Code The Ministry of Justice of Russia proposes to exclude from the Labor Code of the Russian Federation the norms on regulating the conclusion of contracts with heads of organizations.

Material liability of loaders

Where you cannot do without “clean” movers, you should define a strict habitat for them. How to transfer inventory items in the absence of a financially responsible person? Is it possible for an enterprise to carry out such a transfer without the presence of the transferring financially responsible person, and if so, how can it be legally formalized? This possibility exists, but subject to the compliance by the enterprise and the financially responsible person transferring the goods and materials with certain requirements of a number of norms of current legislation.

Let's look at everything in order. Carrying out an inventory when changing financially responsible persons on the day of acceptance and transfer of cases is mandatory in accordance with paragraph.

Complete swearing. responsibility

Is it possible to enter into an agreement on full financial liability with a loader? After all, the list of positions and works does not include the position of a loader. At the same time, I know that in many organizations these agreements are concluded.
Which is correct? Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 to some extent limited the arbitrariness of introducing full financial liability for workers.

Important

Indeed, many employers tend to consider all employees financially responsible. This is wrong. All employees without exception bear limited financial liability.

Loader's financial liability

According to the loader’s DI, he is obliged to: Carry out loading and unloading operations and sorting, stacking, carrying, re-hanging, packing manually in a warehouse and in an open area in accordance with the rules and regulations. In which case it will be possible to conclude a liability agreement with the loaders (individual or collective)? If, for example, you include in the DI of a loader: “performs work on dispensing services (goods, products), preparing them for sale” or “work on issuing material assets in a warehouse (base, etc.).” Then will it be possible after such adjustment job responsibilities conclude individual or collective agreements with the loaders on full financial responsibility? Answer Answer to the question: An agreement on full financial liability cannot be concluded with loaders, since this position is not included in the List approved by Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

It is unlawful to enter into agreements on full financial liability with employees whose positions are not provided for in the List approved by Resolution 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: There is no need to conclude a separate agreement on full financial liability with the head of the organization, his deputies and the chief accountant (Articles 243, 277 of the Labor Code of the Russian Federation). Advice: In the employment contract with the employee who will service material assets, stipulate that he bears full financial responsibility on the basis of the relevant contract.

Is it possible to conclude an agreement on full financial 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 part 2 of the resolution. 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, a provision that the loader “performs work on the supply of services (goods, products), preparation them for sale" or "work on issuing material assets in a warehouse (base, etc.)."

Material liability of loaders

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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 for inventory items. The court did not take into account that the warehouse is guarded around the clock by private security companies, therefore there is no basis for installing a security alarm.

Complete swearing. responsibility

From Part 1 of Art. 244 of the Labor Code of the Russian Federation, it follows that written agreements on full individual financial responsibility (Clause 2, Part 1, Article 243 of the Labor Code of the Russian Federation) can be concluded with employees who have reached the age of 18 and directly service or use monetary, commodity valuables 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 work is contained in Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85.
Letter No. 1746-6-1 of Rostrud dated October 19, 2006 clarifies that written agreements on full financial liability can be concluded only with those employees and for the performance of those types of work that are provided for in the List. This List is exhaustive and is not subject to broad interpretation. This position confirmed and judicial practice(cm.

Does the loader have financial liability?

Why are only the regulations of the Ministry of Labor given here??? There is such an article 245 of the Labor Code of the Russian Federation and it is written in black and white that when workers jointly perform certain types of work related... to the transportation... of the values ​​transferred to them... So - based on this article, we now have team responsibility for storekeepers and transporters and drivers. But we simply do not have such a concept as a loader - they are all transporters, because loading is automated.

And even if he is just a loader, he is still associated with the process of transporting material assets from the warehouse premises to a vehicle (container, wagon, tank)... I think that the loader also falls under the transportation of valuables, with a stretch, of course... Well, or take another approach - other use of material assets.

Maybe this is just a different use...

“subsidies mortgage agency of Ugra payments 2012”

The question relates to the city of Kurgan. The loader, by definition, is not present. mat. answer. face. If he (the loader) stole something, for example, then he bears civil liability according to the Civil Code. The financially responsible person may be the employee to whom the mate is assigned.
valuables, usually a seller, a cashier, a railway manager, but not a loader, whose duties are to take in one place and 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 financial liability must be concluded. Password is someone else's computer Forgot your password? © 1997 - 2018 PPT.RUFull 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 for the employee’s full financial responsibility is provided for in the employment contract concluded with him. From the answer “How to conclude an agreement on full financial responsibility” 2. Answer: Is it possible to conclude an agreement on full financial responsibility as part of a combination.
The position that the employee will hold involves servicing inventory items. Read more about additional payment for financial responsibility here. If the position (profession) that the employee will hold involves direct servicing or use of money, goods, as well as other property of the employer, then additionally enter into an agreement with the employee on full financial liability (Articles 241–243 of the Labor Code of the Russian Federation).

The loader may be the financially responsible person

The Labor Code of the Russian Federation follows that written agreements on full individual financial responsibility (clause 2, part 1, article. Material liability of loaders The loader must know: 1.4.1. Organization of loading and unloading work, safety rules for their implementation; 1.4.2.

Attention

Conditions for transportation and storage of goods; 1.4.3. Forms of documents for acceptance and dispatch of goods; 1.4.4. Location of warehouses and places of loading and unloading of goods; 1.4.5. The procedure for accepting and delivering cargo; 1.4.6. Permissible dimensions when loading goods onto open railway rolling stock and vehicles when loading goods from railway cars and stacking them; 1.4.7.

Is it possible to enter into an agreement on full financial liability with a loader? After all, the list of positions and works does not include the position of a loader. At the same time, I know that in many organizations these agreements are concluded. Which is correct? Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002

N 85 to some extent limited the arbitrariness of introducing full financial liability for workers. Indeed, many employers tend to consider all employees financially responsible. This is wrong. All employees without exception bear limited financial liability. But the full one is only for financially responsible persons, i.e. those employees whose work 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 the 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 agreement on financial liability here: In addition, in paragraph 3.7 of the Order of the USSR MINISTRY OF TRADE dated August 19, 1982 No. 169, Instructions on the procedure for applying in state trade the legislation regulating the financial liability of workers and employees for damage caused to an enterprise, institution, organization ( applies to the extent that does not contradict the Labor Code of the Russian Federation) it is directly stated that teams 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.

The organization hired 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 enter into written agreements on full individual or collective (team) financial responsibility, approved. According to Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85, the position of loader is not available. Also, the list of works does not include loading and unloading operations. According to the loader’s DI, he is obliged to: Perform loading and unloading operations and sorting, stacking, carrying, rehanging, packing manually in a warehouse and in an open area in accordance with the rules and regulations. In what case will it be possible conclude an agreement on financial responsibility with the loaders (individual or collective)? If, for example, you include in the loader’s DI: “performs work on dispensing services (goods, products), preparing them for sale” or “work on issuing material assets in a warehouse (base etc.)". After such an adjustment of job responsibilities, will it be possible to conclude individual or collective agreements with the loaders on full financial responsibility?

Answer