Legislative acts Russian Federation there are two types liability. They are full or partial.

The concept of material liability involves compensation for damages caused by employees to the employer company. These losses may be the result of both intentional actions (inaction) and unintentional unskilled acts in the process of performing official duties.

With regard to the number of obligated, MO can be divided into individual (personal) and collective.

The legal essence of collective liability

This type of obligation applies to a group of employees. This fact imposes its own characteristics on the text of the corresponding agreement. A team is considered to be a group of workers.

An agreement on this liability is concluded with the teams in the event of their joint performance of duties for labor agreement. This refers to the case when, as a result of the occurrence of losses, it is impossible to establish the degree of involvement of each of the employees. Jobs in which such situations may arise may be related to transportation, security, sales, shipments, processing, and so on.

In each of these types of work, it is supposed to involve the appropriate team of loaders, security guards, and so on.

Sample Agreement for a Full Collective MO

Such samples can be downloaded for free on this page, immediately after reading this publication. They are of a typical introductory nature. Each company has its own technological process. Thus, it imposes its own specific requirements on the text of the treaty. For their correct formulation, you can consult with our lawyers.

This document contains the title, then comes the date of compilation, the number and name of the city in which it was signed. In the introductory part, the organization owner of the property values ​​is indicated.

In addition to the name of the company, it is necessary to name the manager who has the authority to sign this agreement. In the same section, it is necessary to identify the brigade. It may be part of the team of the company that owns the property, or another organization. It is necessary to identify the head of the brigade (foreman) and indicate all its members.

Further, the text is divided into simple paragraphs, which talk about the voluntary assumption of a full collective MO for all entrusted material values. In addition, the rights of the team members are indicated. As a rule, this is an opportunity to discuss the issues that have arisen and to withdraw from the team of workers who are not able to fulfill its conditions.

Then there is a list of obligations of the members of the team and the company-employer and the possibility of removing liability for property. This is possible if it is proved that the damage was not caused by the fault of the crew members.

Below is a standard form and a sample agreement on full collective liability, a version of which can be downloaded for free.

Vladimir Alistarkhov, legal expert

Collective liability involves compensation for damage received by the employer as a result of improper performance job duties employees, at the expense of members of the entire team on the basis of a collective agreement concluded between the employer and employees.

From the point of view of the employer, it can be recognized that an agreement with employees on collective liability is almost the most beneficial for the company in connection with the principle used "one creates - everyone will answer."

To what extent a collective agreement on material liability is beneficial for each of the employees is a rather ambiguous question.

On the one hand, when employees work together and feel the shoulder of their comrades, work should be argued, but on the other hand, certain frictions are inevitable in the team when the question arises of who is to blame and what to do in case of damage to the employer.

Often, employees do not want to get involved in collective responsibility, preferring to refuse to sign a collective agreement or change employers.

In connection with the above, it seems appropriate to analyze the following questions:

• Under what circumstances can collective liability arise?
• The procedure for determining the amount of damage to the employer in case of collective liability?
• Can an employee refuse to sign a collective liability agreement?
• Are there any consequences for the employee in case of refusal to sign the collective liability agreement?

To answer the questions posed, we will use the current legislation of the Russian Federation and the relevant judicial practice.

Circumstances under which collective liability arises.

According to Art. 245 Labor Code RF, if it is impossible to distinguish between the responsibility of employees in the joint performance of work, the employer has the right to introduce collective (team) liability for damage.

Collective liability for damage caused is introduced by signing a collective agreement between the employer and employees.

It should be noted that a collective agreement on material liability cannot be concluded with a person who is under eighteen years of age, which follows from the ruling of November 19, 2009 N 18-В09-72 of the Supreme Court of the Russian Federation.

The standard form of an agreement on full collective liability was approved by Decree No. 823 of the Government of the Russian Federation dated November 14, 2002 “On the procedure for approving positions and work replaced or performed by employees with whom the employer may enter into written contracts on full individual or collective (team) liability, as well as standard forms of agreements on full liability.

An agreement on collective material liability can be concluded taking into account the List of works, during the performance of which full collective (team) material liability may be introduced for the shortage of property entrusted to employees, which is approved by the Decree of the Ministry of Labor and social development RF dated December 31, 2002 No. 85.

If employees, on the basis of a collective agreement on material liability, agree to compensate the employer for damages, then the amount of damage is established by agreement of the parties. Otherwise, the amount of damage is established in court.
In this case, the court establishes the degree of guilt of each employee, and the employee, in turn, has the right to prove his innocence in court.
According to paragraph 1 of Appendix No. 4 of the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85, in addition to the collective agreement on liability, the employer is obliged to issue an appropriate order on the establishment of collective liability.

Arbitrage practice

The Constitutional Court of the Russian Federation, in its ruling dated June 24, 2008 No. 349-O-O, pointed to the legitimacy of concluding a collective agreement on liability if employees jointly perform certain types works 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.

It also follows from the said Definition that employees who have concluded a collective agreement on liability with the employer must ensure the safety of the property entrusted to them.

Sizing material damage caused to the employer, and the procedure for its repayment or recovery.

The amount of material damage is determined in accordance with Art. 246 of the Labor Code of the Russian Federation. According to this article, if the employer or his property is damaged, then the amount of damage is determined by the actual losses of the employer, taking into account market prices on the day of damage and the value of property according to accounting data.

According to Ruling No. 18-В09-72 of the Supreme Court of the Russian Federation dated November 19, 2009, the employee is obliged to compensate the employer for real damages, but is not obliged to compensate the employer's lost profits.

Real damage is understood as a decrease in the property of the employer or deterioration of its condition, including this also applies to the property of third parties that is at the disposal of the employer.

To determine the damage caused under the collective agreement on liability, the employer must conduct an inventory, the procedure and terms for which are established by Art. 11 of the Federal Law of December 6, 2011 N 402-FZ "On Accounting".

Based on the results of the inventory, the actual damage caused to the employer and his property is established, which can be repaid by employees in the manner prescribed by the collective agreement on liability.

In case of refusal of employees to pay the damage caused to the employer, or in the event of disputes, the employer has the right to apply to the court with a statement of claim for the recovery of the damage incurred, taking into account the requirements of the concluded agreement on collective liability.

According to clause 14 of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52 “On the application by the courts of legislation governing the material liability of employees for damage caused to the employer”, when considering employers’ claims, the courts need to check whether an agreement on collective liability has been concluded with taking into account the rules stipulated by the legislation of the Russian Federation.

If necessary, the court has the right to summon to the court session all members of the team, even those in respect of whom no claim has been filed, which is necessary for the correct determination of the responsibility of each of the employees.

When determining the share of responsibility of each of the employees, the court must establish the amount of damage to be repaid by each of the employees, taking into account the degree of guilt of each employee, the amount of the salary of each person, etc.

Exemption of the employee from collective liability.

According to. 3 art. 245 of the Labor Code of the Russian Federation, an employee who has signed an agreement on collective liability, if there are appropriate grounds, may be released by the court from paying damages to the employer, but the obligation to prove his innocence in causing damage to the employer or his property lies entirely on the employee himself.

The obligation of the employee to prove his innocence was confirmed in its Ruling of June 24, 2008 N 349-О-О by the Constitutional Court of the Russian Federation “On the refusal to accept for consideration the complaint of citizen B.E.V. to the violation of her constitutional rights by the third part of Article 245 of the Labor Code of the Russian Federation”.

In particular, the applicant in his complaint asks to declare unconstitutional Part 3 of Art. 245 of the Labor Code of the Russian Federation, since the norm establishes a presumption of guilt, which does not correspond to Part 1 of Art. 21, part 1, art. 23 and Art. 49 of the Constitution of the Russian Federation.

In turn, the Constitutional Court of the Russian Federation noted in its Ruling that part 3 of this article cannot be considered as violating the rights of an employee, since when determining the degree of guilt of a member of a team (team), it allows taking into account specific circumstances.

Thus, if the employee manages to prove his innocence in court, the court will make an appropriate decision in favor of the employee, which will free the employee from the obligation to pay damages to the employer.

An individual entrepreneur appealed to the Abakan City Court with a claim against employees to recover the shortage from them on the basis of an agreement on collective liability.
In turn, the employees filed a counterclaim to invalidate the agreement on full liability, referring to the fact that the agreement on collective liability was signed by them in error.
On April 19, 2012, the Abakan City Court issued a decision on the case, which was rejected individual entrepreneur in satisfaction of his requirements, and also refused to satisfy the counterclaim of the defendants.
In refusing to satisfy the claims of the plaintiff, the court indicated that the employer had not created the proper conditions for the storage of material assets entrusted to the defendants.
An individual entrepreneur, disagreeing with the decision of the court, filed an appeal, which was accepted for consideration by the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Khakassia.
In its ruling dated July 24, 2012, the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Khakassia, with reference to the clarifications of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52, indicated that when considering such cases, the employer must prove:
- unlawful behavior of employees;
- a causal relationship between the behavior of workers and the resulting damage;
- the presence of direct damage to the employer and compliance with the rules for concluding an agreement on collective liability.
As follows from the case file, and this was also established by the Judicial Board, the employer did not create the proper conditions for the storage of material assets entrusted to the defendants.
In addition, according to the court, the plaintiff did not present evidence at the hearing, testifying to the indisputable guilt of the defendants.
Thus, the Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Khakassia upheld the decision of the Abakan City Court dated April 19, 2012, and the plaintiff's appeal was dismissed.

Refusal of an employee to sign a collective agreement on liability and possible consequences.
In practice, including judicial practice, there are cases when employees refuse to sign an agreement on collective liability.
Under such circumstances, you need to know the following.

According to Art. 232 of the Labor Code of the Russian Federation, the material liability of the employee is formalized by an additional agreement to the employment contract.
Based on Art. 245 of the Labor Code, when it comes to the joint performance of work, liability can only be formalized by a collective agreement. Responsibility is borne by all employees (group of persons) who perform the work.

When concluding an agreement on collective liability, the employer is obliged to proceed from changes in organizational or technological working conditions (clause 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The employer is obliged to notify employees of these changes in accordance with Art. 74 of the Labor Code of the Russian Federation in writing.
If the employees do not agree to the new working conditions, the employer is obliged to offer the employees all available other vacancies.
If there is no other job for employees, or employees have refused the offered vacancies, labor contract with an employee can be terminated on the basis of paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

The possibility of terminating the employment contract on the above grounds is confirmed by the position set forth in the resolution of March 17, 2004 No. 2 of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

In particular, it follows from the resolution that when considering issues of reinstatement of employees at work in connection with dismissal in accordance with clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the employer is obliged to prove that the change in the terms of the employment contract was the result of changes in organizational or technological working conditions, and all this did not worsen the position of employees.

In the absence of relevant evidence from the employer, the dismissal of employees under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation cannot be recognized as legal.

In other words, if the employer has really good reasons to change the terms of the employment contract, then the employee should be wary of being fired under Art. 77 of the Labor Code of the Russian Federation and not be reinstated at work through the court.

Thus, the circumstances under which collective liability can be introduced at an enterprise are provided for by Art. 245 of the Labor Code of the Russian Federation.

The very possibility of introducing collective liability is confirmed by the relevant judicial practice given above.
The employer can be recommended to take seriously the procedure for concluding an agreement on collective liability due to the fact that in case of refusal of employees to sign a collective agreement, it is necessary to predict possible Negative consequences this for the organization, including those related to the prospect of litigation in the future.

An employee who refuses to sign an agreement on collective liability should think carefully before doing this, as he can not only be offered another job, but also terminate the agreement with him on the basis of paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

At the same time, if the employee is confident in his rightness and professionalism, he must always remember that it is possible to prove his innocence in court.

In general, there is every reason to state that the practice of concluding agreements on collective liability between the employer and employees should be recognized as positive due to sufficient regulatory regulation of the relevant procedures and taking into account the economic feasibility for the employer.

Filina Anna, Senior Legal Counsel of GS EL - PRAVO LLC:

In accordance with paragraph 4 of the Decree of the Plenum of the Supreme Court dated November 16, 2006 No. 52 (as amended on September 28, 2010) “On the application by the courts of legislation governing the liability of employees for damage caused to the employer”, the employer is obliged to prove the following circumstances:
- the absence of circumstances excluding the material liability of the employee (Article 239 of the Labor Code of the Russian Federation);
- unlawfulness of the behavior (action or inaction) of the tortfeasor;
- fault of the employee in causing harm;
- causal relationship between the employee's behavior and the resulting damage;
- the presence of direct actual damage;
- the amount of damage caused;
- compliance with the rules for concluding an agreement on full liability.

Clause 8 of the Resolution of the Plenum of the Supreme Court dated November 16, 2006 No. 52 indicates that when considering a case on compensation for direct actual damage caused to the employer in full, the employer is obliged to provide evidence indicating that, in accordance with the Labor Code of the Russian Federation or other federal laws the employee can be held liable in full amount of the damage caused and at the time of its infliction has reached the age of eighteen, except for cases of intentional damage or damage in a state of alcohol, drugs or other toxic intoxication, or if the damage was caused as a result of a crime or administrative offense, when an employee can be held fully liable before reaching the age of eighteen (Article 242 of the Labor Code of the Russian Federation).

It is necessary to pay attention to the second paragraph of paragraph 4 of the above resolution, which states that if the employer proves the legitimacy of concluding an agreement on full liability with the employee and the employee has a shortage, the latter is obliged to prove that he is not guilty of causing damage.

In accordance with clause 5 of the above resolution, an employee cannot be held liable if the damage arose as a result of force majeure, normal economic risk, extreme necessity or necessary defense, or the employer’s failure to fulfill the obligation to ensure proper conditions for storing property entrusted to the employee (Article 239 TC RF).

The Supreme Court of the Russian Federation determined that “normal economic risk can be attributed to the actions of an employee that correspond to modern knowledge and experience, when the goal could not be achieved otherwise, the employee duly performed the duties assigned to him, showed a certain degree of care and discretion, took measures to prevent damage, and the object of risk was material values, and not the life and health of people.

The Supreme Court of the Russian Federation also emphasized that the employer’s failure to fulfill the obligation to ensure proper conditions for storing property entrusted to the employee may serve as a basis for refusing to satisfy the employer’s requirements if this caused damage.

Thus, the possibility of recovering from employees the damage caused to the employer in full in court depends on the ability of the employer prove the following facts :

• Availability labor relations with employees; compliance with the rules for concluding an agreement on collective (brigade) full liability;
• creation of conditions for the safety of property entrusted to employees;
• the absence of circumstances excluding the material liability of the employee (Article 239 of the Labor Code of the Russian Federation);
• the presence of direct actual damage;
• the amount and cause of the damage caused;
• unlawful behavior (action or inaction) of employees;
• a causal relationship between the employee's behavior and the resulting damage;
• compliance with the procedure for bringing to liability.

As a rule, questions about bringing employees to liability arise after the inventory. The procedure for conducting an inventory is determined by the Order of the Ministry of Finance of the Russian Federation of June 13, 1995 N 49 (as amended on November 8, 2010) “On Approval Guidelines on the inventory of property and financial obligations” (hereinafter - the Guidelines). Therefore, special attention, when proving the existence of a causal relationship between the employee's behavior and the resulting damage, must be paid to proving compliance with the inventory procedure.

For example, according to clause 2.8. Guidelines for the inventory of property and financial obligations, verification of the actual availability of property is carried out with the obligatory participation of financially responsible persons. If the inventory documents (collation sheet, etc.) do not contain records of employees held liable, then such violations of the Guidelines for the inventory of property and financial obligations, approved by the Order of the Ministry of Finance of Russia, may cause the court to refuse to satisfy the employer's claim for the recovery of full material liability from employees (see the cassation ruling of the Perm Regional Court dated December 21, 2011 in case N 33-12915, the ruling of the Leningrad regional court dated February 16, 2011 N 33-779 / 2011).

It is also worth paying attention to judicial practice regarding the design and content of acts of inspections based on the results of the inventory, audit. Thus, in the decision of the Ordzhonikidzevsky District Court of Ufa of the Republic of Bashkortostan dated January 21, 2011 in case No. 2-80/2011 it is stated: the resulting damage, it was established who and under what circumstances carried out, in addition to the defendants, the sale of goods, which documents were drawn up for the transfer of inventory items. When imposing material liability on an employee, there must be a direct causal relationship between the actions or inaction of the employee, his guilt and the damage incurred by the employer; the procedure for conducting an inventory and processing its results was observed, comply with the requirements of the current legislation, including the Federal Law “On Accounting” dated DD.MM.YYYY No. 129-FZ, Order of the Ministry of Finance of Russia dated DD.MM.YYYY No. 49 “On Approval of Guidelines on the inventory of property and financial obligations, ”Order of the Ministry of Finance of the Russian Federation dated DD.MM.YYYY No. n, documents must be submitted indicating that at the time of the audit the store was closed and sealed, that goods were not released and received.”

List of a certain type labor activity associated with the processing, sale, contact with the material values ​​​​of an organization (firm, company), implies a certain responsibility for their safety. To regulate relationships within the team and the order of work in order to ensure the safety of property and valuables, as well as the possibility of bringing to justice employees who have allowed damage or loss, apply special document.

This document is called a collective liability agreement and must be drawn up taking into account legal regulations and the main provisions of the Labor Code of the Russian Federation.

A collective liability agreement is drawn up and offered for signing by employees in order to determine the dimensions and specific boundaries responsibility of the team, which are associated with ensuring the storage of property and valuables of a particular organization (firm, company).

In this case, the subject of the contract is precisely the liability for damage. In addition to the preservation itself, such a document in without fail reveals the issues of compensation for damages, of course, taking into account the degree of guilt and responsibility of each of the employees.

An essential condition, according to the KMO agreement, for the possibility of an employee’s material liability may be the case of actions of a certain nature or inaction, the result of which is the incurring of losses by the employer. In the event of an employee’s actual fault in damage or loss of property, certain employee it will be possible to recover for damages an amount not exceeding it monthly salary(unless otherwise provided by the text or type of document, or issued by a court decision).

Depending on the subject of activity, the responsibility reflected in the document can be:

• individual(defined for each employee separately);
• collective, which is imposed on all employed members of the team.

Also, the amount of compensation specified in the contract of liability for damage caused to the employer may be next:

• complete(when the amount of damage is subject to full compensation, regardless of the amount of the employee's salary);
• limited(when the amount of compensation is limited to the monthly salary).

The essential conditions for the execution and signing of the KMO agreement are the following items:

• it is permissible to sign the document with persons who have reached the age of majority;
• registration takes place in one document - the agreement is signed simultaneously between all members of the team and its leader, and not with each employee separately;
• especially valuable property can be trusted for safety to other people, a more limited circle, who will be responsible;
• in case of termination, the parties remain liable for damage caused to the property during the period of its validity.

Filling out the document and its text have essential for both sides of the process – from the point of view of the employer it should be drawn up so that in the event of the loss of any valuables or funds due to the fault of an employee of the organization, he has the opportunity to fully compensate for the loss.

From an employee's point of view(seller, boss, foreman, loader) the text of the contract must be drawn up clearly in accordance with the official duties performed by him, and also taking into account the impossibility of recovering damages if the employee is innocent.

1. Date of signing and place of compilation.
2. The parties to the agreement are the employer and the work team (name and position of each employee).
3. An indication of the values ​​for which the employee will be responsible (in the case of the constant availability of valuables and papers, their complete list can be separately attached, and the fact of such an application must be reflected in the main text of the contract).
4. The periods during which the this document. Usually such a period cannot exceed the duration of the employment contract, if it is also limited in time. It is possible that the KMO contract will be considered valid until the employee is dismissed, no matter how long he has worked, if the employment contract for employment is open-ended.
5. Rights and obligations of both parties (employer and employees of the team). One of the important points of this paragraph is to provide employees with the means to implement activities that will help ensure the safety and security of valuables.
6. The procedure for determining the amount of damage - this can occur in individual cases of damage (theft, fire, breakdown due to the fault of an employee or during a systematic audit (periodic audits of all inventory items)). The same paragraph may separately stipulate the procedure for conducting audits, the possible composition of the commission and the procedure for deriving the result.
7. The document may contain links to current regulations of the Labor Code, which will confirm the legality of certain of its formulations.
8. Individual situations may be prescribed when the employee, due to special reasons, could not ensure safety and cannot be guilty of damage. Force majeure situations are also indicated.
9. At the end, the document is signed by all parties to the contract, the organization's seal is affixed.

In the case of manual filling out of the document, corrections and blots are prohibited - such a document no longer has legal force.

Samples

For shop

The KMO contract form used for the store has standard content. Deviations from model text can be caused by the peculiarities of the internal policy of both an individual store and a chain (if it is part of a large company).

In addition to the KMO agreement itself, for its maintenance in the store you will need such executed documents:

• employment contract or agreement;
• labor regulations;
• minutes of the commission meeting, on the basis of which the text of the document was adopted;
• inventory schedule (or order on their frequency and timing);
• acts of the results of inventories.

Full responsibility

The KMO agreement on full liability implies, first of all, an indication in the text of the document of information that in case of detection of damage, the employees responsible for the safety of valuables will have to in full recover the loss of funds.

In the case limited liability a certain limit is set for the possible recovery of the amount of damage caused, which, in this case, cannot exceed one salary.

The brigade responsibility agreement is actually standard contract collective responsibility when the safety of values ​​is ensured by a single team - brigade.

By itself, brigade responsibility implies the responsibility to the employer for the damage caused by all members of the team who put signatures under the document, actually confirming the reading of the text of the contract and full agreement with all its clauses.

Regardless of the position held - director, inspector of goods and materials, technical staff - any employee will have to reimburse the amount of money lost by the manager or the value of the property.

Although, brigade responsibility often differs depending on the characteristics of the official duties that the employee performs due to the position held. The head of the unit, his deputies, heads of departments are most often responsible in greater form and subsequently reimbursed.

For the seller

Store, any trade unit is also compiled according to standard form. An important point is the careful reading by the employee (in this case, the seller) of the entire text of the signed contract.

In case of disagreement with any paragraphs or wordings, the seller has the right to refuse from signing such a document. However, as practice shows, if ordinary personnel refuse to sign such a document, such people are simply not hired.

The procedure for concluding such an agreement is presented below.

Agreement on collective liability-sample 2018 - 2019

An agreement on collective liability - a sample of 2018 - 2019 is signed between the employer and the team, which uses material assets in the course of its work. What is material liability, when it arises, about the types of liability, including collective, as well as how to draw up a sample contract, we will tell in our article.

Material liability

Liability of employees is one of the types of liability arising from an employee in the performance of labor duties, namely: if there is a shortage of property transferred to the employee or damage to it.

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

Liability of employees may occur in the event of actions or inaction, as a result of which the employer has incurred losses (Article 238 of the Labor Code of the Russian Federation).

Liability arises in the following cases:

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

It is possible to recover the cost of losses from employees if an agreement on full 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 salary(Article 241 of the Labor Code of the Russian Federation).

The material liability of employees is divided into several types:

1. Depending on the subject:
   • individual, i.e. for a specific employee;
   • collective, that is, imposed on all members of a department or team (Article 245 of the Labor Code of the Russian Federation).
2. Depending on the amount of compensation:
   • full, i.e., the damage is compensated in full, regardless of the income of the employee (Articles 242, 243 of the Labor Code of the Russian Federation);
   • limited - in redistributions monthly income(Article 241 of the Labor Code of the Russian Federation).

Collective liability of employees

Collective liability may arise if the parties have signed an appropriate agreement (appellate ruling of the Krasnoyarsk Regional Court dated February 25, 2015 in case No. 33-1656).

Such an agreement is signed with employees who, in the course of their activities, receive, transfer, service or simply use the material assets of the organization (Article 245 of the Labor Code of the Russian Federation). The list of positions filled by employees with whom it is mandatory to conclude an agreement is indicated in the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.

By signing such an agreement, the administration acquires the right to claim damages from the entire department (team). A claim can also be made if it is not possible to establish a specific culprit, and the fact of a shortage is confirmed.

If the employee who is brought to collective responsibility does not want to bear it, he will have to prove that he did not commit any guilty acts (part 3 of article 245 of the Labor Code of the Russian Federation).

Employees can compensate the amount of damage caused voluntarily. If agreement between the parties is not reached, this issue will be considered in court, where the size and guilt of each member of the team will already be established (part 4 of article 245 of the Labor Code of the Russian Federation).

• degree of guilt of each;
• the salary of guilty employees;
• time of work in the brigade from the moment of inventory to the detection of damage.

Sample agreement on collective liability

The agreement on collective liability should include the following information:

1. Name, date and place of its conclusion.
2. Data of all employees and the employer.
3. The subject of the contract (an indication of what values ​​are entrusted to employees and for which they will be responsible).
4. A method for determining the amount of lost property (for example, conducting an examination, etc.).
5. When liability arises (for example, when management pays amounts to third parties due to the guilty actions of the employee, etc.).
6. Signatures and details of the parties.

Appendix 4 to Decree No. 85 contains a standard form of an agreement on collective liability.

If new employees are employed in the team, there is no need to conclude a new contract. However, it can be changed or renegotiated in the event that the composition of the team changes by more than 50% or the foreman changes (see clause 4 of section II of the standard form of the contract).

If the employee refuses to sign such an agreement, he may be dismissed. Refusal to sign the contract can be regarded as a violation labor discipline, and accordingly, it is possible to apply all measures of responsibility for this (clause 36 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2).

Disclaimer

Exemption from liability is possible for the reasons specified in Art. 239 of the Labor Code of the Russian Federation:

1. If property damage was caused by force majeure or force majeure such as flood, earthquake or other natural disaster.
2. If the damage occurred in the event of a normal business risk.
3. If the property was used for self-defense or in case of other emergency.
4. If the administration has not created the proper conditions for storing property, for example, there is no lock on the fuel storage tank (determination of the Primorsky Regional Court dated August 11, 2015 in case No. 33-6821 / 2015).

How to claim damages

The management can independently bring the employee to liability if the amount of damage is not more than his monthly earnings (Article 248 of the Labor Code of the Russian Federation). Such an order must be issued no later than 1 month from the date of clarification of the final cost of the amount of damage (appeal ruling of the Rostov Regional Court dated February 1, 2016 in case No. 33-1546 / 2016).

Otherwise, if the employee disagrees with the amount of the amount paid, recovery is possible only through the court.

With the consent of the employer, it is allowed to transfer to him equivalent property in exchange for the lost one or repair the damaged one (Article 248 of the Labor Code of the Russian Federation).

If the parties agree on the amount of the amount to be reimbursed, payments are allowed by drawing up a specific agreement indicating the terms and schedule of payment (part 4 of article 248 of the Labor Code of the Russian Federation).

The conclusion of an agreement on collective liability is considered a way to minimize the employer's risks that arise when employees use the property entrusted to them. A collective agreement on material liability allows you to hold an entire team, team or department accountable. In this case, it is not necessary to identify the specific culprit of what happened.

However, it is necessary to have evidence of loss or shortage of property. If the amount of damage does not exceed the amount of the monthly salary, it is possible to recover damage from employees on the basis of the employer's order. In other cases, the amount of damage can be recovered only in court.

AGREEMENT No. ___

on collective liability

Moscow "___" __________ 200_

In order to ensure the safety of material assets owned by OJSC Seventh Continent, hereinafter referred to as the "Enterprise", represented by Director General The managing company of CJSC "Seventh Continent-RT" Ilyashenko G.I., on the one hand, and the employees of the Supermarket, _____________________________, d.___, hereinafter referred to as the "Collective", represented by the senior manager ____________________________________, have concluded this agreement on the following:

1. GENERAL PROVISIONS

1.1. The team assumes collective liability for failure to ensure the safety of property and other valuables transferred to it for performance official duties envisaged job descriptions, and the management of the enterprise undertakes to create for the team the conditions necessary for the proper fulfillment of the obligations assumed under the contract.

1.2. In the event of a change in the head of the team or when more than 50 percent of its original composition leaves the team, the contract must be re-executed.

1.3. The contract is not re-executed when individual employees leave the team or when new employees are admitted to the team. In these cases, the date of his departure is indicated against the signature of the retired member of the team, and the newly hired employee signs the contract and indicates the date of joining the team.

2. RIGHTS AND OBLIGATIONS OF TEAM MEMBERS AND MANAGEMENT OF THE ENTERPRISE

2.1. Team members have the right to:

a) participate in the acceptance of valuables and exercise mutual control over the work of storage, processing, sale (release), transportation or use in the process of producing valuables;

b) take part in the inventory of values ​​transferred to the team;

c) get acquainted with reports on the movement and balances of valuables transferred to the team;

d) in necessary cases require the management of the enterprise to conduct an inventory of the values ​​transferred to the team;

e) declare to the management of the enterprise about the removal of team members who, in their opinion, cannot ensure the safety of values.

2.2. Team members are required to:

a) treat valuables with care and take measures to prevent damage;

b) in accordance with the established procedure, keep records, draw up and timely submit reports on the movement and balances of valuables;

c) promptly notify the management of the enterprise about all circumstances that threaten the safety of values.

2.3. The management of the enterprise is obliged:

a) create the conditions necessary for the team to ensure the complete preservation of values;

b) take timely measures to identify and eliminate the causes that prevent the team from ensuring the safety of valuables, identify specific persons guilty of causing damage, and bring them to justice established by law;

c) familiarize the team with the current legislation on the liability of workers and employees for damage caused to the enterprise, as well as with the current instructions and rules for the acceptance, storage, processing, sale (vacation), transportation or use in the production process of valuables and their accounting;

d) provide the team with the conditions necessary for timely accounting and reporting on the movement and balances of the values ​​transferred to it;

e) consider questions about the validity of the requirements of the team members to conduct an inventory of values;

f) to consider reports of members of the team about circumstances that threaten the safety of values, and take measures to eliminate these circumstances.

3. PROCEDURE FOR RECORDING AND REPORTING

3.1. Acceptance of valuables, keeping records and reporting on the movement of valuables are carried out in the prescribed manner by the head of the team.

3.2. Scheduled inventories of valuables transferred to the team are carried out within the time limits established by the internal labor regulations.

Unscheduled inventories are carried out when the head of the team changes, when more than 50 percent of its members leave the team, and also at the request of one or more members of the team.

3.3. Reports on the movement and balance of valuables are signed by the head of the team and, in order of priority, by one of the members of the team.

4. DAMAGES

4.1. The basis for bringing team members to liability is material damage caused by a shortage, confirmed by an inventory sheet.

4.2. Bringing the team to material liability is carried out by the management of the enterprise after checking the causes of damage, taking into account written explanations provided by members of the team, and, if necessary, also the conclusions of independent experts.

4.3. Members of the collective are exempt from compensation for damage:

a) if it is established that the damage was caused through no fault of theirs;

b) if specific perpetrators of the damage caused from among the members of this team are identified.

4.4. Determination of the amount of damage caused by the team to the enterprise, as well as the procedure for its compensation is regulated by the current legislation.

4.5. The damage subject to compensation caused by the team to the enterprise is distributed among the members of this team in proportion to the monthly official salary and the time actually worked for the period from the last inventory to the day the damage was discovered.

5. FINAL PROVISIONS

5.1. The Agreement enters into force on "___" ______________ 200__. and is valid for the entire period of work of the team with the values ​​transferred to it at this enterprise.

5.2. The contract is drawn up in two copies, the first is kept by the management of the enterprise, the second - by the head of the team.

SIGNATURES OF THE PARTIES:

On behalf of the Company:

Ilyashenko G.I. _____________________

(signature)

Team leader:

________________________ _____________________

(signature)

M.P.

Team members: _______________________________________________

_______________________________________________