Standard form of an agreement on full collective (team) financial responsibility, 2020, 2020 - Documents of the enterprise's office work

In what cases is a collective liability agreement drawn up?

An agreement on full collective brigade liability is concluded in accordance with Art. 245 of the Labor Code of the Russian Federation, in cases where values are entrusted to a group of employees and they perform joint work. That is, it is not possible to outline the boundaries of the individual guarantee of each employee, and it is impossible to identify the specific culprit of the damage.

The purposes of concluding such an agreement in accordance with the law:

determining the boundaries and scale of responsibility of the entire team for entrusted material assets;
establishing a scheme and procedure for compensation of damages, taking into account the guilt of each employee.

Thus, if one employee is entrusted with material assets, for example, a seller, then he is responsible individually and an appropriate agreement is concluded with him. If a whole team is allowed to store, transport, process, sell, it is necessary to draw up a team agreement. Otherwise, the employer will be faced with the problem of establishing guilt, and resolving the issue may become very complicated, even if it is considered in court (labor disputes are among the most complex, according to judicial practice).

A sample agreement on full collective liability should always be at hand; it must be drawn up in writing with all sellers in collective work. At the same time, an employment contract must also be concluded with each employee.

So, store employees, the list of whom is in this brigade document, are responsible to the employer for loss and damage to entrusted property and are obliged to compensate for full material damage, the Labor Code directly states this; it will be possible to avoid liability only if a particular seller proves his innocence.

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Material liability

Note! Material liability of employees is one of the types of liability that arises for an employee in the performance of work duties, namely: if a shortage of the property transferred to the employee or its damage is discovered.

Cases of liability can be different: either it is a consequence of violation of local acts of the enterprise or legislation, or causing damage.

Financial liability of employees may arise in the event of actions or inactions as a result of which the employer suffered losses (Article 238 of the Labor Code of the Russian Federation).

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Responsibility arises in the following cases:

property was damaged;
the employer suffered losses caused as a result of the actions (inaction) of the employee;
the amount of damage has been determined.

Important! It is possible to recover the cost of losses from employees if an agreement on full financial liability has been signed between them and the employer (Article 242 of the Labor Code of the Russian Federation). In the absence of such an agreement, the amount of liability will be limited to monthly wages (Article 241 of the Labor Code of the Russian Federation).

The financial liability of employees is divided into several types:

Depending on the subject:
collective, i.e. imposed on all members of a department or team (Article 245 of the Labor Code of the Russian Federation).
Depending on the amount of compensation:
limited - within the limits of monthly income (Article 241 of the Labor Code of the Russian Federation).

Sample agreement on collective liability 2020

This text is quite universal (remember that you can download the complete file to fill out at the end of the article). That is, if you need a collective liability agreement (sample for a store), then take this one and add your own unique details. You can also look at the standard form of Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85, there is also a sample agreement on collective responsibility, it is similar to ours.

When is

The list of circumstances under which an employer has the right to sign an agreement on collective financial responsibility is specified in Part 3 of Art. 245 Labor Code of the Russian Federation. Full financial responsibility is placed on a group of employees or a team for failure to ensure the safety of property entrusted to employees for the work of receiving, storing and distributing goods for damage that occurred to the employer when compensating for damage to third parties associated with a shortage of material assets.

Situations when an employer has the right to sign agreements on collective responsibility with its employees, as well as standard forms of such agreements, were prescribed in the Resolution of the Ministry of Labor of the Russian Federation of 2002 No. 85 “On approval of 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) financial liability, as well as standard forms of agreements on full financial liability.”

According to this document, an agreement on full financial liability is concluded with employees performing such work as:

Acceptance of payments, disbursement of funds.
Payments for purchased goods and services.
Production and storage of tickets, coupons and subscriptions.
Storage, accounting and issuance of material assets.
Working with precious and semi-precious metals, weapons , chemicals and other goods that are limited in circulation.
Expertise of goods and services.
Other types of activities that are associated with the transfer of material assets.

In order for an employer to be able to enter into a collective responsibility agreement with an employee, the position of such employee must be included in the List of Resolution of the Ministry of Labor No. 85. These are administrators, salespeople, heads of commercial enterprises, cashiers, etc.

It is worth considering that the law separates collective and brigade responsibilities. Team responsibility refers to a part of the team: for example, it applies to a specific shift or a specific department.

How to draw up a collective liability agreement

If you need to develop a sample agreement on brigade liability, you must not forget about the mandatory points that should be listed in it. Actually, for such a document it is more important to indicate the boundaries of brigade responsibility. The name of a specific point (for example, a store) where sellers perform their functions is not necessary, especially since the place of work can change by order of the manager. The structure of a brigade agreement includes much more important points.

Management aspects of such a document:

inclusion in the brigade on a voluntary basis;
taking into account collective opinion when appointing a foreman;
procedure for replacing an absent foreman;
if the composition of the brigade changes by half or more, the agreement is renewed;
When a new member is included in the team, changes are made to the agreement.

Mandatory terms of rights and obligations:

the sales team is obliged to ensure complete safety of the property, the employer creates the necessary conditions for this;
the team promptly reports all situations that threaten trusted values, the manager reacts accordingly;
the foreman keeps records of property and changes in its quantity, the employer creates conditions for this.

The head of the enterprise also undertakes to inform employees about all changes affecting the property and take into account the opinion of old-timers when forming a team.

Sellers also have the full right to participate in work activities related to the entrusted property: get acquainted with documents, acts, orders, demand an inventory, check the control system in accordance with their job responsibilities, subject to mandatory observance of the chain of command. There should be a separate clause about this in the brigade agreement.

The decision to establish full collective financial responsibility must be recorded by order or regulation in the organization. Employees must be familiar with it upon signature.

Sample contract

The contract is drawn up according to a standard model approved by Resolution of the Ministry of Labor of Russia No. 85. It is concluded between the head of the company and all employees included in a separate team or team.

The contract must include the following:

name of the employer, full name of the manager or authorized person, document on the basis of which he acts;
name of the structural unit whose employees are part of the team;
Full name of the team leader, as well as the employees who are part of it;
types of work performed by employees;
start date of the contract;
manager's signature;
signatures of all employees included in the team.

Sample agreement on collective liability

Procedure for collecting damages

The procedure for bringing to collective responsibility has its own characteristics established by law.

A commission is being created to investigate the case.
The team's fault is established and the damage is recorded (calculated).
A cause-and-effect relationship is established between the actions of workers and the damage. It must be established that there are no circumstances excluding guilt, for example, negligence on the part of management in ensuring storage rules, etc.
Explanatory notes are requested from all participants in the agreement on collective responsibility.

All these facts are carefully analyzed, and if the team’s guilt is proven, then the employees will be required to compensate the organization for losses. They are distributed in proportion to time worked and salary.

We remind you that this article is about collective responsibility.
That is, for example, if you are asked to sign a “sample agreement on the collective financial responsibility of the seller,” then this is actually a meaningless set of words, since it is already clear from the name itself that the seller cannot personify the team’s guilt, he is not a scapegoat , Right? Below we provide a sample of collective financial responsibility, which is concluded directly with a group of sellers. This is the essence of collective responsibility. comments powered by HyperComments

Answers to common questions

Question: Does the team leader have more responsibility than other members?

Answer: No, the leader of a team or team bears financial responsibility on an equal basis with other members of the group (39 Labor Code of the Russian Federation).

Question: In the event of the dismissal of one team member, is it necessary to terminate the collective liability agreement and enter into a new one?

Answer: No, there is no need to terminate and conclude a new contract. When an employee is dismissed, the date of dismissal is indicated next to his signature.

When is the document drawn up?

The first thing you need to pay attention to is that drawing up a sample agreement on collective liability is the employer’s right, not his obligation.

And this right really helps him avoid many financial losses caused by the fault of employees.

So, to make it clearer, let’s take a separate team, where all workers perform common work, which can lead to damage, damage to goods, and loss.

And it is not possible to share responsibility among everyone.

Most often, this is the sphere of activity of cashiers, sellers, storekeepers, catering workers and other professions whose activities are related to material assets.

Reference! The list of specialties for contracts of collective financial responsibility that may be assigned is stipulated in Art. 243 Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Article 243. Cases of full financial liability

Financial liability in the full amount of damage caused is assigned to the employee in the following cases:

When, in accordance with this Code or other federal laws, the employee is charged with financial responsibility in full for damage caused to the employer during the performance of the employee’s job duties.
Shortages of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document.
Intentional causing of damage.
Causing damage while under the influence of alcohol, drugs or other toxic substances.
Causing damage as a result of criminal actions of an employee established by a court verdict.
Causing damage as a result of an administrative violation, if established by the relevant government body.
Disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by federal laws.
Causing damage not while the employee was performing his job duties.

Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the deputy heads of the organization and the chief accountant.

Based on the results of the inventory, let’s say a shortage or damage to goods is discovered. If there is an agreement on full collective liability (the form can be found below), the damage is divided equally among all employees or, by agreement between team members, equivalent to fault. If the employee does not agree with the penalty imposed on him, then the amount of compensation for damages is determined by the court.