Sample order for compensation of material damage from an employee or recovery from an employer: how is this statement of claim drawn up and on what grounds?

Order to impose disciplinary sanctions and compensation for damage caused to the enterprise

Name of organization ORDER ________________ N _______________ Place of publication On the imposition of disciplinary sanctions and compensation for damage caused to the enterprise

In connection with the establishment of the Internal Revenue Service for ______________ Minsk by the act of “__” ___________ 20__, an on-site inspection of the correctness of calculation, completeness and timeliness of payment of taxes, fees (duties), other issues within the competence of the tax authorities, violations of tax legislation, resulting in incomplete transferring to the budget the amount of income tax withheld from employees, and applying to the enterprise economic sanctions paid to the budget on “__” _____________ 20__, in the amount of ___________ rubles,

I ORDER:

1. For improper performance of official duties, expressed in untimely and incomplete transfer to the budget of the amount of income tax withheld from employees, a disciplinary sanction shall be imposed on the chief accountant ___________ (full name).

2. To compensate for material damage caused to the enterprise as a result of being brought to economic liability in the form of a fine and penalty in the amount of ___________ rubles for violation of tax legislation, expressed in the incomplete transfer to the budget of the amount of income tax withheld from employees due to the fault of the chief accountant of the enterprise, to recover from the chief accountant __________ (full name) __________ rubles.

Propose to the chief accountant __________ (full name) on the basis of Art. 401 of the Labor Code of the Republic of Belarus to make voluntary compensation for the damage caused.

If you refuse voluntary compensation for damage in the amount of _________ rubles, not exceeding the average monthly salary of the chief accountant, amounting to _______ rubles, on the basis of Art.

Documents for imposition of penalty

To impose a punishment, you need such documents:

report on property damage;
conclusion of an expert commission in the form of an inventory list (inventory report, defective statement, commercial report) based on the results of an internal investigation - to determine the amount;
accounting papers;
written explanation from the employee;
other documents.

Compensation for damage caused to the employer’s property: rules for registration

408 of the Labor Code of the Republic of Belarus, the accounting department of the enterprise - after 10 days from the date of publication of this order and the notification of the chief accountant, deduct from the chief accountant’s salary in the amount of ________ rubles, in compliance with the requirements of Art. 108 of the Labor Code of the Republic of Belarus - within 20% for each payment of wages, until the entire amount is withheld.

Grounds: 1. Act of the Tax Inspectorate for _________________ Minsk dated “___” ___________ 20__ of an on-site inspection of the correctness of calculation, completeness and timeliness of payment of taxes, fees (duties), other issues within the competence of the tax authorities, violations of tax legislation.

2. Written explanations of the chief accountant __________________ (full name) dated “___” ___________ 20__.

Name of the position of the head of the organization Signature Explanation of signature Visas I have read the order: Signature Explanation of signature Date

Published in the category: Order

Material damage and its extent

A shortage of household goods, money or damage, a decrease in their value is defined as MU.

Support for the loss determination procedure is recorded in such documents:

an official note drawn up by the person who recorded the violation;
an act on the fact of damage with the following data: date and place of execution of the document, full name, positions of the persons who signed the act;
explanatory note from the person who committed the offense.

Sample order for compensation for damage caused by an employee

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Order for compensation of material damage by an employee - sample. Samples of orders and certificates of damage caused to the police.

The situation of an employee causing damage to the employer’s property is one of the most dangerous. order for compensation for damage caused by the employee. It is recommended to apply for a visa model, i.e. with the full job title.

Recovery from the employee for damage caused is regulated by labor standards. The employee is obliged to compensate the employer for direct actual damage caused to him (Part 1 of Art. The form of such an order is not established.

How to hold an employee financially responsible? property or for compensation for damage caused by the employee to third parties. An approximate form of an order to create a commission is given in Sample No. 5.

Secondly, such orders, as a rule, are not endorsed. l causing damage while the employee is not performing his job duties. for compensation for damage caused by the employee to third parties.

To create a commission, you need to issue an order in any form, signed. whether the employee suspected of causing the damage is guilty of causing the damage; available. We determine the limits of compensation for damages by the employee. 6; Checking the employment contract template, No. 5; When the employee is also the author, No. 5.

The obligation to compensate for damage caused to the other party is established by Art. When filing a lawsuit for compensation for damage caused by an employee, as well as when... SAMPLE STATEMENT OF CLAIM. Alpha (hereinafter referred to as Alpha LLC) June 20, 2010 (order No. 25/B dated June 20, 2010).

Voluntary or forced compensation through the court is possible.

Circumstances of bringing to foreclosure

The employee and the employer are involved in compensation for losses under Art. 232 Labor Code of the Russian Federation.

Situations for bringing a specialist (group of workers) to responsibility are::

operations by specialty;
specific type of task assigned.

The circumstances of material punishment of the employer will be:

illegal dismissal of a specialist;
delay in payment of wages;
damage to human property.

Order on financial responsibility of an employee: sample 2020

Damage caused by the employee to third parties is all payments. The creation of a service commission is formalized by a free-form order.

The employer offered to compensate for the damage voluntarily. weeks from the date of discovery of the damage caused by the employee and addressed. with familiarization with the order?? Can the employee familiarize himself with the order?

The employee may voluntarily compensate for the damage. the employer has the right to issue an order to recover from the employee the amount of damage caused. Here is a sample statement of claim for compensation for damages by way of recourse.

To compensate for material damage caused to the employer. Here is a sample statement of claim for recovery of material damage. for the position of storekeeper on the basis of employment order No. 45 -k dated.

The procedure for recovering damage caused by an employee. property or for compensation for damage caused by the employee to third parties. A filed a lawsuit against LLC “B” to declare Fr.’s order illegal.

Order for recovery of damages 6. Agreement on compensation for damages 7. The employee is obliged to compensate the employer for direct damage caused to him. act of refusal to give written explanations (free form).

An order for compensation for damages in connection with an employee’s work injury. Our database contains only samples and examples of documents. 40 Rules for compensation by employers for damage caused to employees by injury.

November 30, although in fact the day the damage occurred was earlier. records when familiarizing yourself with the order (instruction) on such a penalty. Labor legislation allows compensation for damages by the employee.

Order On the appointment of a responsible employee for accounting and maintenance. Statement of claim for compensation for damage caused by an employee.

How to obtain compensation for damage legally? Order (on bringing to disciplinary and financial liability) c. is assigned to the employee in cases of causing damage while intoxicated.

The employee who caused the damage may, in accordance with Article 41 of the Labor Code. to issue an order (instruction) on withholding if the employee refuses. In a statement of claim for compensation for damage caused to the employer.

How to issue an order to withhold a fine from an employee for violating traffic rules. for compensation for damage caused by an employee to third parties (Part Answer: How to determine the amount of damage caused by an employee of an organization. The form of the act is not fixed by regulatory documents.

Compensation for damage caused to employee property is not required. The written form of the agreement provided for in this article. An example of an order for damages.

┌──────────────────────────────────────── ───────── │ │ │ │ ORDER │ │ │ │»22″ April 2014 Nizhny Novgorod N 15-OS│ │ │ │On the recovery of the amount of │ │material damage │ │from an employee │ │ │ │ 04/21/2014 by an internal investigation conducted by a commission created│ │on the basis of Order N 228-OS dated 10.04. 2014, it was established that│ │the driver-forwarder of the expedition department of OJSC “Confectionery Factory│ │”Sladkoezhka” Mironov I.I. as a result of improper performance of his│ │labor duties to ensure the safety of the valuables entrusted to him│ │there was a loss of goods transferred to him under invoices for delivery to│ │city stores. │ │ 04/09/2014 Mironov I.I., leaving the GAZelle│ │343UUR 52 car entrusted to him unattended, allowed the body to be broken into by third unknown│ │persons and theft of goods in the amount of 23,000 (twenty-three thousand) rubles. │ │ Thus Mironov I.I. committed a violation of the standards established by: │ │ - clause 5 of the Procedure for organizing the delivery of goods by the forwarding department, approved │ │Order of OJSC “Sladkoezhka Confectionery Factory” N 279 dated 04/19/2006; │ │ — clause 1.1 of the procedure for completing the route sheet when carrying out│ │forwarding of goods, approved. By order of OJSC “Confectionery Factory “Sladkoezhka”│ │N 34 dated 01.02.2008; │ │ - clause 2.4 of the Employment Agreement, b/n dated 11.11.2011; │ │ - clause 1 of the Agreement on full individual financial liability│ │b/n dated 11.11.2011; │ │ - clause 2.4 of the Regulations on the expedition department, approved by the director│ │OJSC “Sladkoezhka Confectionery Factory” 06/03/2009; │ │ - clauses 3.2.2, 4.1.6 of the job description of the forwarder driver,│ │approved by the director of OJSC “Sladkoezhka Confectionery Factory”│ │06/03/2009; │ │ — By Order of OJSC “Confectionery Factory “Sladkoezhka” No. 33 of October 11, 2013.│ │ With I.I. Mironov

When the penalty is unjustified

If at an enterprise, when performing duties, an economic risk in the form of losses is possible, then it can be justified or unjustified.

Industrial unsafety causing damage to an organization is justified if:

there is no other way to obtain the desired result;
all measures to prevent material losses were taken by the responsible person;
the economic goal justifies the losses;
there is no threat to human health and life;
the right to take risks is left to professionals.

Unreasonable compensation for damage to an employee can be avoided: you need to know the laws, be a law-abiding citizen and a responsible person.

Order for damages

an Agreement on full individual│ │material liability was concluded. Actions of Mironov I.I. entailed│ │causing his employer - OJSC “Sladkoezhka Confectionery Factory”│ │material damage in the amount of 23,000 (twenty-three thousand) rubles. │ │ Based on the above, guided by Art. 248 of the Labor Code of the Russian Federation, I ORDER: │ │ │ │1. To recover from the driver-forwarder of the expedition department I.I. Mironov│ │average monthly earnings in compensation for material damage│ │caused by OJSC “Sladkoezhka Confectionery Factory”, in accordance with│ │Art. 248 of the Labor Code of the Russian Federation. │ │ │ │Base: explanations of the driver-forwarder I.I. Mironov, head│ │of the “Belochka” store I.A. Nosova, head of the expedition department Maslyakov│ │V.V., loader R.E. Romanov; copies of invoices issued to Mironov│ │I.I. 04/09/2014 from N 001 to N 010; copies of the Agreement on full individual│ │material liability b/n dated 11/11/2011, Job description│ │forwarding driver, approved by the director of OJSC “Confectionery Factory│ │“Sladkoezhka” 06/03/2009, Order of OJSC “Confectionery Factory “Sladkoezhka”│ │ N 33 dated 10/11/2013; extracts from the Regulations on the forwarding department, approved by the director of OJSC “Sladkoezhka Confectionery Factory” 06/03/2009, the Procedure for organizing the delivery of goods by the forwarding department, approved. Order of OJSC “Confectionery Factory “Sladkoezhka” No. 279 dated April 19, 2006, │ │The procedure for completing the route list when carrying out an expedition│ │of goods, approved. By order of OJSC “Confectionery Factory “Sladkoezhka” No. 34 dated│ │02/01/2008. │ │ │ │Director │ │OJSC “Arkhipov Confectionery Factory │ │“Sweet Tooth” ——- A.A. Arkhipov │ │ │ │ Mironov │ │I have read the order and agree: ——- I.I. Mironov │ │ │ │AGREED: │ │ Ibragimova │ │Legal Counsel ———- I.P. Ibragimova │ └───────────────────────────────────── ────────── ──────────────────────────┘

conclusions

The initial stage of bringing an employee to disciplinary liability is drawing up an act of misconduct. An employee whose authority includes filling out papers of the specified type has the right to draw up a document of this nature.

The act of disciplinary offense is a documentary confirmation of the fact of its commission. On its basis, an order is issued, in accordance with which the type of disciplinary sanction applied to the offending employee is determined - a reprimand, reprimand or dismissal.

Another document has a similar purpose - a memo. The order of its design has its own distinctive features.

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How to recover damages from a dismissed employee - legal norms in legislation

The principles and procedure for collecting damages caused by a dismissed employee are considered in the following standards of the Labor Code of the Russian Federation:

Article 1 establishes the regulation of the material liability of the parties involved in labor relations as one of the most important goals and objectives of labor legislation.
Article 6 assigns the duty and right to federal bodies to regulate the principles of responsibility in labor relations.
Article 22 gives employers the right to hold workers accountable for financial liability in cases provided for by current legislation.
Article 232 is directly devoted to the obligation of the parties to the contract to compensate for the damage caused to the second party. The text of this article directly states the fact that termination of employment relationships does not imply exemption from liability.
Article 233 establishes the general principles by which a person can be considered financially liable.
Article 238 defines the principles for workers to bear damages for harm caused to the employer and limits the list of such damage.
Article 239 considers circumstances in which the possibility of workers being held liable is completely excluded.
Article 240 gives employers the right to refuse to hold their workers liable.
Article 241 regulates the maximum amount of possible liability that an employee may bear.
Article 242 is devoted to the concept of full financial responsibility of workers, when the amount of recovery from them is not limited.
Article 243 provides a complete and exclusive list of situations in which it is permissible to bring an employee to full financial liability.
Article 244 regulates the conclusion of additional written liability agreements with workers.
Article 246 establishes the principles by which damage caused is determined.
Article 247 duplicates the employer’s obligation to independently determine the extent of the damage suffered and find the cause of the damage.
Article 248 is devoted to regulating the direct procedure for collecting damages from employees.
Article 250 considers the possibility of reducing the amount of recovery by bodies that deal with the settlement of labor disputes.

In addition to the above standards, issues related to the recovery of damages from workers may be influenced by other regulations and acts, but in most cases, to resolve issues it is enough to know exactly the specified provisions of the Labor Code.

When can you recover damages from an employee who has already quit?

As can be understood from the requirements of Russian legislation, it is not always possible to recover damages from an employee. In particular, a necessary and mandatory condition in all situations of causing material harm is the presence of direct actual damage. Such harm may include:

Direct damage to the property of the employer or third parties for which the employer is responsible.
Violation of the work procedure, which resulted in harm to third parties or material damage to the employer, due to the violation of the rights of third parties by the actions of the employee.

The actions of a worker, in order to be held accountable, must contain guilt. Guilt refers to the presence of illegal behavior in an activity. If the employee acted in accordance with the instructions, that is, he did not know and should not have known about the possibility of causing harm by his actions, then there is no guilt in this case. This means there is no obligation to compensate for damage.

In addition, an important aspect of damage recovery is its size, as well as the nature of financial liability. Thus, partial responsibility involves employees bearing it exclusively in an amount not greater than the average salary. Full liability implies an obligation to compensate for damages beyond the average earnings of the worker. Full liability applies in the following cases:

The employee had a full liability agreement.
The employee caused damage outside of working hours.
The damage was caused by the employee's intoxication.
The worker committed an administratively or criminally punishable act.
The damage was caused with intent.
Damage is associated with the disclosure of information that is secret, or personal data.

A minor worker is liable solely for intentional damage, damage caused while intoxicated, or for actions that involve administrative or criminal liability.

It must also be remembered that with regard to the worker’s financial liability and the possibility of obtaining compensation from him, the statute of limitations applies, which is one year from the date of discovery of the damage.

Collection through court

To resolve the problem in court, the following actions are taken:

the victim submits an application to the court;
there a notice is issued about the rights and obligations during the judicial process;
deadlines for resolving the issue are established.

Documents accompanying the procedure for compensation of losses through court:

copies of statements of claim according to the number of defendants (statement of claim for compensation of MU by an employee - see below in the text);
receipt of payment of state duty;
documents confirming the loss;
calculations of its size (original and copies based on the number of defendants);
if necessary, a power of attorney from the plaintiff to another person to submit the claim.

Procedure for reimbursement of travel expenses to an employee

The specific procedure and amount of reimbursement of expenses are determined by a collective agreement or local regulations. For example, an institution may have an internal Regulation on business trips, which is part of a collective agreement (along with the Regulation on the remuneration system, Regulation on bonuses, etc.), or, for example, an order from the manager on the specifics of reimbursement of expenses in connection with business trips.

In accordance with Art. 168 of the Labor Code of the Russian Federation, in the event of being sent on a business trip, the employer is obliged to compensate the employee for:

on the way;
for renting residential premises;
related to living outside the place of permanent residence (daily allowance);
others produced by the employee with the permission or knowledge of the employer.