In this article we will talk about the order to appoint a responsible person. We will learn how an order is drawn up to appoint a person responsible for management, at the facility, for electrical equipment, and so on. We will find out why such a document is issued, what time frame it must be completed, what features and nuances this order contains. At the end of our article you can download a sample order for the appointment of responsible persons. And to begin with, a brief terminological reference that will help the reader immediately understand the essence of the issue and carefully follow the progress of our logical narrative.
Order to appoint a responsible person
In general, the order to appoint a responsible person must come from the head of the company, in strict accordance with the charter of this organization. Such documents include papers that determine the number and names of positions and requirements for them, a protocol that records new promotions or demotions in positions, and so on. The company's trade union must review papers that relate to social benefits and labor conditions. All these documents belong to the category of administrative documents. It is these documents that are responsible for appointing a responsible person when working, say, in some dangerous or difficult area.
When a certain responsible person is appointed, the company, as it were, entrusts control over the work to him, so that the responsible person monitors the safety and correctness in his area of authority
An order to appoint a responsible person is issued in the following situations:
- In the case where the new position involves work in the field of labor protection
- In cases where it is necessary to create safe working conditions in all areas of the company’s activities
- In the event that an employee is needed who will be responsible for electrical equipment in the company
How to draw up a form for an order to appoint a responsible person?
Now we will focus on the form of the order to appoint a responsible person. Let’s immediately say that there are some requirements from the Legislation that apply to an order to appoint a responsible person, so a company can create a form on its own, but it must still meet all standards for the preparation of such documents.
It is necessary that duplicates of certificates are attached to the order form for the appointment of a responsible person, which will confirm the fact that the employee has undergone a certain master class, training, training, and so on. Here you can also attach a list of duties of the responsible person, in which the employee must sign and sign. It must be remembered that the employee’s signature and the date the document was drawn up are a very important document, because this is evidence and a guarantee that he has been informed regarding his occupation.
If we take the most popular types of orders to appoint a responsible person, then, naturally, the person who is obliged to monitor the correctness and legality of working conditions and safety “wins”.
How to issue an order to appoint a responsible person?
Let us immediately warn you that there is, as such, no single form of order for the appointment of a responsible person. But there are, as we have already mentioned, certain requirements that apply to such documents. To make it easier and more accessible for you to understand all the nuances and aspects of the design, we recommend that you download a sample order for the appointment of a responsible person, the link to which is at the very end of our article.
So, what is required to be indicated in the order appointing a responsible person? First, at the very top, we indicate the name of the company, the name of the document, the serial number and the date on which you are drawing up this order.
What follows is the narrative, that is, the main part of the order. You must clearly state why this order was created and its purpose. Don't forget to refer to any juristic documents, for example, Labor Code Russian Federation, Company Charter, Tax Code of the Russian Federation and others.
Next we write the part that is called administrative. Here we clearly state that such and such an employee has held such and such a position since such and such a date and is responsible for something. Also here you should write the name of the person who is the deputy responsible person in the event that he is temporarily absent.
After the order for the appointment of a responsible person is drawn up, the head of the organization redirects it to the personnel department so that specialists can familiarize all employees with it. Do not forget that it is not always possible to assign any employee to a certain position as a responsible person. Very often (this applies to, say, extreme or life-threatening work) in order to become a responsible person, it is necessary to have some kind of document in hand that will confirm that the employee has been trained on this issue and may be competent in this topic. Otherwise, an inspection by labor protection authorities may reveal violations that will entail fines and various sanctions.
Where else can you use an order to appoint a responsible person?
So, let's now go over in more detail the areas where the order to appoint a responsible person applies. Here are examples of several scopes of this document:
- Responsible for fire safety in company
- Financially responsible employee of the company
- Security Officer labor activity
- Responsible for the education received for promotion or change of position
- Responsible for safety material assets companies
- Responsible for the turnover of money transfers
- Responsible for working in hazardous areas and many other responsibilities
The legal norms governing the relationship between an employee and his employer oblige enterprises to create safe working conditions and improve labor safety in the company. To do this, the company must appoint a responsible person with all the necessary knowledge or invite a competent specialist. Otherwise, administrative sanctions may be applied to the enterprise.
Labor protection is an important condition activities of any organization. It includes a set of measures that must be carried out to ensure the protection and preservation of the life and health of the company’s employees.
Also, labor protection requires the development of local regulations. The main one is labor safety instructions,important document, which every employee of the enterprise must familiarize themselves with, upon signature, regardless of their qualifications, education, etc.
Occupational safety requirements are determined by legislative regulations of Russia. They include:
- Special labor assessment and monitoring of working conditions at a specific place of work;
- Creation of a labor protection management system;
- Organization of work and rest schedules in accordance with the standards;
- Providing workers with certified protective equipment and specialized clothing;
- Mandatory training for employees at all stages of work, especially those related to the operation of complex equipment;
- Preventing employees from working who have not been instructed, trained, tested their knowledge of labor protection, or who incorrectly use personal protective equipment;
- Informing employees about existing working conditions, risks to their health, etc.
To control these processes and organize them, it is necessary to identify responsible persons at the enterprise and develop a plan for their implementation. In addition, the issuance of an order is necessary to facilitate the investigation procedure when accidents occur in the company. Also this document requested during inspections of the enterprise by the competent authorities.
It is worth noting that currently, if there are employees in an organization, even those performing office tasks, it is necessary to carry out (previously such an event was called workplace certification). If it is not carried out, significant fines may be imposed on the organization.
How to choose a responsible person?
The occupational safety specialist must have the necessary knowledge for this. Before appointing a person responsible for occupational safety and health, you need to check that he has a certificate of training in occupational safety and health programs in the organization.
This document is valid for five years. Therefore, candidates and designated responsible persons should periodically obtain this education V special centers. Training is paid and must be carried out at the expense of the company.
When choosing this person, you need to take into account the specifics of the company’s activities and the amount of work. In this regard, such work can be offered part-time to an already working employee, or an individual can be hired for the position of occupational safety engineer. Large companies have entire departments dedicated to these functions. In small businesses, the head of the company may take on this responsibility.
How to approve a responsible person
Once a candidate has been identified, it must be processed and approved. Depending on the chosen option, an additional agreement is concluded with him (part-time work) or a new employment contract is drawn up. Next, the manager issues an order appointing a person responsible for labor protection.
Having chosen an occupational safety engineer, it is necessary to assign persons responsible for compliance with the requirements at each site, who will organize occupational safety briefings at a specific location of the employee. Managers structural divisions can take this responsibility upon themselves or choose competent officials. All these responsible persons are also assigned in the appointment order. Then they are given job descriptions, which describe exactly what they should do.
How to create an order
The order is developed by the HR department and approved by the manager. For this, a free form is used, which it is advisable to write on letterhead organizations. As a rule, such an order is drawn up at the beginning of the year and is valid throughout this period.
At the top, the place and date of execution and the title of the document are indicated. In the preamble of the order it is necessary to make a reference to the current normative act(for example, to the Labor Code of the Russian Federation).
The administrative part of the document must reflect the position, full name. workers who will be responsible for labor protection in general throughout the enterprise and in individual areas. The person who is assigned these responsibilities in the absence of these officials is also designated.
The order must distribute labor protection functions among designated employees.
Here we also need to consider the need to draw up an action plan for the year, as well as the development and approval of other local regulations that are needed to comply with labor protection requirements.
In this administrative document, it is necessary to approve the persons who will monitor its implementation.
The order is signed by the manager and recorded in the order book, according to which it is assigned a sequential number. This document must be familiarized with signature to all employees listed in it.
Nuances
At large enterprises, as well as companies with dangerous or harmful working conditions, the order may contain sections relating to ensuring labor protection, taking into account the industry characteristics of the companies.
The paragraphs of the order on the development of an action plan for labor protection and the preparation of regulatory documents of the organization can be supplemented with the dates of their submission, coordination and approval. The manager or person responsible for monitoring the execution of the order is recommended to keep a register that reflects the stages of execution of the order.
Order on the appointment of a person responsible for labor protection sample
In order to establish successful operation of the company and establish a clear procedure for resolving organizational issues, it is important to delimit the areas of responsibility of employees, while complying with current legislation. Responsible employees are appointed in the most different areas activities of the organization. Such an appointment is formalized by order of the head - an order. We will provide samples and describe the basic rules for drawing up such documents.
In what areas of the organization's activities are responsible persons appointed?
The most common type of responsibility is material responsibility, in which an employee or group of employees is appointed who are personally responsible for valuables, money and property of the company.
It is important that an employee can only be responsible for the property and valuables of the organization on the basis of a written agreement on full financial responsibility. The employee must agree to take on such a responsibility, so an order alone is not enough to impose financial liability. Financial responsibility of individual employees (deputy manager, chief accountant) according to Art. 243 Labor Code of the Russian Federation can be stated directly in the employment contract. When including conditions on such responsibility in a written contract with an employee, it is not necessary to issue an additional order, but the employer can do this if it is convenient for him to support the agreement with an order when conducting document flow.
Financial responsibility is far from the only case when a manager issues an order to appoint a responsible person. Specific employees are also responsible for:
- labor protection and compliance with safety regulations (only an employee who has completed safety training, passed the exam and received the necessary certificate, and also has the necessary electrical safety clearance group is allowed to perform control);
- fire safety;
- use of sources increased danger;
- conducting personnel records;
- working time tracking;
- advanced training and retraining of employees;
- turnover of especially valuable items;
- currency turnover and valuable papers;
- and so on.
The types of responsibility assigned to employees by management orders depend on the specifics of the activities of a particular enterprise.
Form of order to appoint a responsible person and rules for filling it out
The order to appoint a responsible person does not have an officially established form. It is drawn up arbitrarily, but in compliance with the rules applicable to all primary documents. These rules are established by law dated 06.12.2011 06.12.2011 N 402-FZ. The form must contain:
- name of the organization, basic information about it, city of location;
- date and document number;
- Full name general director or a person authorized to issue orders;
- preamble, which indicates a brief purpose for issuing the order and contains reference to legal norm, on the basis of which it was published (for example, a link to the Labor Code of the Russian Federation);
- the essence of the order;
- manager's signature;
- signatures of employees in respect of whom the order was drawn up, confirming their familiarization with the document.
The form is signed by the head of the organization - the general director.
Sample order for the appointment of a financially responsible person
Let us give an example of an order appointing a responsible person in the field of control of material assets. The list of positions with whose employees it is possible to conclude written agreements on full individual financial responsibility for shortages of entrusted property is given in Appendix No. 1 to Resolution of the Ministry of Labor dated December 31, 2002 N 85. Without an agreement on full financial responsibility or the inclusion of a condition on financial responsibility in the employment contract, the order does not have legal force. A template for such a document may look like this (you can download a sample below):
The completed document looks like this:
Sample order for the appointment of responsible persons
With one order, the manager can assign responsibility for storing material assets to a group of people at once. It is important that according to Art. 245 of the Labor Code of the Russian Federation, without a written agreement on full collective financial responsibility, which is concluded between the employer and all members of the team, the document cannot have legal force. Let's give an example:
To appoint those responsible for office work (for example, for keeping track of working hours), a document can be issued that also affects a group of persons at once. Appointments that do not relate to financial responsibility do not provide for additional agreements with employees. An example of such an order.
Material liability in the labor sphere applies to one or the other party to an employment contract, and this applies equally to both employees and employers. Responsible person among employees appointed by order issued by the head according to free form or sample.
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Legislative regulation
To fully understand the essence of the mat. responsibility, let's figure out what it is - a financially responsible person?
Materially responsible persons (MRP)- employees who bear financial responsibility for the property of the enterprise entrusted to them. That is, in the event of damage to property, such employees will reimburse its cost.
Full financial responsibility (MO)(according to Chapter 39 of the Labor Code of the Russian Federation) occurs only when it comes to:
- about authorized persons having financial liability imposed on them according to federal legislation originally;
- O identifying shortages of valuables, which were entrusted to the employee under agreements or according to any one-time documents;
- about an employee intentionally or while intoxicated property damage;
- about illegal offenses, as a result of which employer's property was damaged;
- about causing property damage as a result improper performance MOL, or complete failure to fulfill his direct duties;
- about disclosure important and protected information.
MO is assigned to the employee by appropriate order.
For some positions from the very beginning the state imposes financial liability. These include the positions of senior officials at the enterprise: chief accountant, director of the enterprise, as well as all his deputies.
In this case, in accordance with Article 277 of the TK RF, The head of the organization must be responsible for any material and property damage if it was caused to his organization.
The condition of complete MO must be fixed a separate agreement(Labor Code of Russia) and is reflected in as one of necessary conditions. This is done so that the employer can subsequently be absolutely sure that he can legally recover from his subordinate an amount equivalent to the damage caused.
This process (appointment of MO persons) carried out in accordance with all requirements of the Min. labor, № 85 .
This document states who can be the financially responsible person. The list is key factor upon conclusion employment contracts with employees.
Order on the appointment of resp. persons carries out immediately two functions:
- officially approves powers a specific official;
- consolidates the list property of the enterprise accountable to this person.
At the same time, any there is no standardized form for this document, the template for the document on the appointment of the MOL is currently drawn up based on all existing employment contracts, agreements and agreements signed and carried out with this employee, and based on articles and 244 of the Federal Labor Code.
The form must contain the following information:
- company name, its location and basic information about it;
- registration number and date document;
- Full name gene. directors an enterprise or other person who has the authority to issue orders and instructions;
- indication in in brief purpose of issuing the order(preamble), also indicated reference to legal act , on the basis of which it was issued (for example, the Labor Code);
- essence of the order and signature enterprise manuals;
- signatures of all employees who are affected by the order, which indicates that they are familiar with the document.
Sample order for the appointment of mat. responsible person:
Actions with the responsible person
Before hiring a person on staff, with him an agreement is signed oh mat. responsibility (although it may be signed later).
The process of changing or dismissing the Ministry of Defense by at will absolutely the same as other employees. It is fully described in Chapter 13 of the Labor Code of the Russian Federation.
In accordance with the law, the employee must submit a letter of resignation in fourteen days. When this period expires, he will be given documents, and a cash settlement will also be made. According to the law, the dismissal procedure cannot last more than two weeks.
Inventory is a mandatory condition for an enterprise, in accordance with the requirement of the Ministry of Finance in order No. 119n. Wherein the document on material assets is transferred to the chief accountant of the enterprise, and if there are no complaints, then he signs.
Dismissal of a MOL without inventory is illegal!
Property of the enterprise of a resigning or replaced employee transfers to another employee, usually from the state, which is confirmed by a transfer act signed by the employees of the organization who participated in the inventory. After this, you can quit without any problems.
Example of an order to replace MOL:
Compensation for damage
If for some reason an MO employee causes damage to the property entrusted to him, which leads to specific monetary losses to the employer, then the latter has the right to seek compensation for this damage. The same applies to shortages if the employee works with values.
It is legal to hire an employee according to two types of responsibility: for limited and full:
Release from liability
IN labor code situations are prescribed when persons can be released from swearing. responsibilities:
- Management releases the employee from the consequences of his actions due to his professional skills and experience.
- Damage to property was caused, but it was not caused due to the direct actions of the employee, while he himself acted in accordance with instructions.
- Damage to property was caused in order to to avoid even greater destruction/to save people in an emergency.
Legal practice shows that it is better not to bring the resolution of all formal and monetary issues of management with MOL to court, since due to the specifics of such cases, most of them lasts for whole years.
The appointment of responsible persons is made by orders of the employer. The form of the order to appoint a responsible person is free.
Sample order for the appointment of responsible persons
The responsibility of individuals is established by the employer for a specific area of activity, within a division or the entire enterprise. For example, employees may be assigned responsibility for:
labor protection;
fire and electrical safety;
safety of material assets (material liability), etc.
The employer is limited in the choice of responsible persons in the areas professional activity. This limitation is due to legal requirements. For example, the person responsible for labor protection at an enterprise may be exclusively an employee who:
completed training in the appropriate program;
confirmed his knowledge on qualifying exam and received a state document (diploma);
corresponds professional standard occupational safety specialist.
The situation is similar with fire and electrical safety.
An example of an order appointing a person responsible for the electrical safety of an enterprise
Material liability
Unlike other types, financial responsibility can be extended to all personnel of the enterprise. The scope of such liability is limited to the average monthly earnings of the employee or is established within the framework of the obligation to compensate for the full amount of damage caused (lost profits are not subject to recovery).
Sample form of an order to appoint a financially responsible person
Any financial liability is established by an agreement (individually concluded with the employee or collective). The list of positions (works) of employees with whom the employer can enter into agreements on full financial liability is approved by Resolution of the Ministry of Labor dated December 31, 2002 No. 85. this list included:
cashiers and cash handlers;
employees, including management personnel, carrying out depository activities, etc.
The heads of the organization and their deputies, as well as chief accountants, may bear full financial responsibility, the provisions of which may be specified in their employment contracts.
Sample order on financially responsible persons
The employee’s financial liability means his obligation to compensate the employer for the damage that the employee caused to the organization as a result of his guilty actions (or inaction).
Material liability is assigned to the employee in full () in the event of:
shortage of valuables received on the basis of a written agreement or a one-time document;
intentional infliction of harm;
causing harm while intoxicated;
committing a crime or administrative offense established by a court verdict or relevant government agency;
disclosure of confidential information;
causing damage not during the performance of work duties (after the end of working hours).
This means that even if the employee quits or goes to prison for his guilty actions, he will still have to compensate the employer for the damage that he caused him.
Before recovering damages from a specific employee, the employer is obliged to organize and conduct an inspection in order to establish the amount of damage caused. Should the employer create a special commission to conduct such a check? during the course of which it is necessary to obtain from the guilty employee written explanations on the fact of what happened. In case of refusal or avoidance of providing explanations, the commission must draw up a report in free form. Without these documents, recovery of damages is impossible.
How to write an order appointing a responsible person
Conclude a liability agreement in two copies.
Prepare a draft order for the appointment of responsible persons.
It is advisable to coordinate the draft order with lawyers.
Sign the order from the General Director.
Familiarize the employee with the order against signature.
Standard draft agreement on full individual financial liability
Financial liability cannot be applied to an employee if the damage was caused due to:
force majeure (natural natural actions);
natural risk (presence of production does not guarantee availability of sales finished products);
necessity or defense (for example, having to break a table to prop up a door in case of an attack);
improper storage conditions for property due to the fault of the employer (products were stored in a faulty refrigerator).
In addition, the employer has the right to refuse, in whole or in part, to recover damages from the guilty employee (). The procedure and conditions for refusal to recover damages must be determined by agreement or other normative document employer, for example? Charter of the organization.
Making changes to documents
In the event of the dismissal of one employee or his replacement with another, the employer must prepare documents regarding the change of the financially responsible person.
Sample order to change the financially responsible person
However, that's not all. When changing responsible persons, very often employers forget to draw up one important document, namely the act of acceptance and transfer of inventory items for storage. Without completing this document, if a deficiency is discovered in the future, it will be impossible to prove the guilt of the person responsible.
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