The employee works in two positions, both positions (main and secondary) internal part-time job) are provided for by the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual financial responsibility for the shortage of entrusted property, approved by Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85. It is expected to conclude an agreement with the employee for both positions on full individual financial liability.
Is it possible?

Having considered the issue, we came to the following conclusion:
An agreement on full individual financial responsibility must be concluded separately for each position filled by an employee (both primary and internal part-time).

Rationale for the conclusion:
According to part one of Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) financial liability can be concluded with employees who have reached the age of 18 and directly service or use monetary, commodity valuables or other property. In accordance with part two of Art. 244 of the Labor Code of the Russian Federation, by Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85, approved the List of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial liability for shortages of entrusted property (hereinafter referred to as the List). This List is exhaustive and is not subject to broad interpretation (see letter of Rostrud dated October 19, 2006 N 1746-6-1).
Thus, the basis for concluding an agreement on full financial liability is the performance of certain types of work or the filling of certain positions related to the direct service or use by the specified person of monetary, commodity valuables or other property.
The legislation does not contain any restrictions on the number of contracts on full individual liability that can be concluded with one employee. This is due to the fact that general rule bringing an employee to financial liability is possible only in the event of damage caused to the employer as a result of the culpable unlawful behavior (actions or inaction) of the employee within a specific labor function(Article 233 of the Labor Code of the Russian Federation). In other words, if, for example, an agreement on full individual financial responsibility for the main position is concluded with an employee, then in accordance with this agreement it is impossible to oblige the employee to compensate in full for damage caused while performing a job function under an internal part-time agreement. The List provides standard form agreements on full individual liability. This agreement specifies the name of the employee's position. Accordingly, since the employee is hired internally for another position, another (second) agreement on full individual financial responsibility must be concluded.
Thus, since the question states that both positions are provided for in the List, an agreement on full individual financial responsibility must be concluded separately for each position filled by the employee (both the main and part-time positions).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Troshina Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Who is financially responsible?

Most often it is based on an offense.

Therefore, an explanation is taken from the guilty person - just as in case of disciplinary violations.

In order to bring a person to financial responsibility and force him to compensate for the damage, the elements of the offense must be present.

Without a violation, prosecution is impossible.

For matrimonial responsibility to occur, 4 mandatory conditions must be met:

• the injured party suffered real (actual) damage;
• the person who caused the damage is really guilty;
• there is a causal connection between the culpable act and the damage caused;
• There are no circumstances that could exempt the culprit from compensation for damage.

Important! Material liability occurs both after the action and inaction of the culprit. If he did nothing personally, but neglected the opportunity to prevent the damage, he is still considered guilty.

There are several classifications based on various criteria. These criteria allow you to understand the structure of the concept and determine its key features.

According to the subject, financial liability is divided into:

• employee responsibility;
• employer's responsibility.

Based on the number of culprits, it can be:

• individual (1 culprit);
• collective (2 or more culprits).

Depending on the amount of compensation, there are:

• complete (the culprit compensates for all direct actual damage);
• limited (the culprit compensates for damage in an amount no more than his average earnings).

Important! In various situations determined by law, the employee may have full or limited liability. The employer always bears full financial responsibility, regardless of the situation.

The reimbursement method is also divided into 3 types:

• voluntary (based on a written agreement of the parties);
• based on the order of the employer;
• based on a court decision.

Subject of material liability – is the party to the employment agreement through whose fault the damage occurred. An object is a legal relationship that was violated by a guilty act. In other words, the object of financial liability can be called harm caused to the interests of the victim.

It is also worth separating the subjective and objective sides of the situation.

The subjective side means guilt, which characterizes the attitude of the subject (the culprit) to the guilty act and its consequences.

The subjective side may take the form of negligence or intent.

The objective side is a characteristic of the act that occurred, including the causal relationship between the act and the damage, the consequences of the act, as well as other parameters (time, place, method, etc.).

There are several legislative acts that in one way or another affect the issue of financial liability:

1. It obliges workers to take care of the property of their employers.
2. Articles 22 and 239 of the Labor Code of the Russian Federation. They oblige the employer to create safe conditions for workers and provide them with tools, as well as information on how to properly carry out work.
3. Article 232 of the Labor Code of the Russian Federation. It specifies the mandatory nature of compensation for damage caused. The article places this responsibility on both the employee and the employer. The article also specifies that the reimbursement process must take place in accordance with the law.

   Labor Code of the Russian Federation, Article 232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract

   1. The party to the employment contract (employer or employee) who caused damage to the other party shall compensate for it in accordance with this Code and other federal laws.
   2. An employment contract or written agreements attached to it may specify the financial liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer – higher, than is provided for by this Code or other federal laws.
   3. Termination of an employment contract after damage has been caused does not entail the release of the party to this contract from financial liability provided for by this Code or other federal laws.
4. It talks about the need for full compensation for damage caused to someone’s property. Harm is not only the actual loss, but also the lost benefits of the victim.
5. Resolution No. 85 of the Ministry of Labor of the Russian Federation. This resolution contains lists of positions that are subject to financial liability. The document covers both , and .

Mentions of materiel responsibility are also found in other legislative acts RF, but the above are considered the main ones.

It is impossible to single out the most important one among them, because in order to resolve the situation with the damage caused, one must be guided by each of the legislative acts.

Articles of the Labor Code of the Russian Federation and Resolution No. 85 of the Ministry of Labor of the Russian Federation determine the lists of positions and works that may be involved in financial liability.

Any employee should carefully read these lists.

Let's consider the list of positions according to the Labor Code of the Russian Federation, which includes MOL:

1. Cashiers, controllers of any enterprises. Regardless of the field of activity, these people are always financially responsible.
2. The list of MO positions includes employees who work in areas related to deposits, securities trading or finance.
3. Workers who work in the expert field.
4. Methodologists, laboratory assistants, library staff.
5. Managers of pawnshops, lockers, warehouses and other places where someone's property is stored.
6. Managers in management positions - storekeepers, wardrobe maids, commandants, forwarders, head nurses.
7. The list of positions subject to MO includes managers from the fields of trade, food, service, and hotel business.
8. Heads of pharmaceutical companies and pharmacies.

List of works during which MO may occur:

• sale of various goods or services;
• payment and acceptance of payments of any type and form;
• expert works;
• work related to deposits, securities or finance turnover;
• repair work on cars, household items, jewelry, nuclear resources;
• work to ensure the safety of someone's property.

Important! Lists of works with individual and collective financial responsibility absolutely identical.

We have figured out who is the financially responsible person in the enterprise, let’s move on to the next paragraph of our article.

In budgetary institutions

Who can be a financially responsible person in a budgetary institution? Enterprises such as commercial organizations, imply the presence of financially responsible persons. With them an agreement is concluded on.

It is obvious that in budgetary institutions Some of the positions from the list above are missing (for example, workers in the depository sector, areas with the circulation of money and securities). Therefore, when talking about financial responsibility in budgetary institutions, we must mean cashiers, storekeepers, wardrobe maids, building superintendents, and warehouse managers.

Can a financially responsible person be the chairman of the commission?

Legislation of the Russian Federation does not allow the inclusion of responsible persons in the inventory commission.

They can be neither leaders nor ordinary members of the commission. This is done in order to avoid a situation where the inventory items are under the accountability of one of the commission members.

Article 282 of the Labor Code of the Russian Federation gives a clear definition of part-time work. This is the performance of regular work under the terms of an employment contract during time free from main employment. A person can work part-time both at his main place of employment and in other companies.

Can a part-time worker be a financially responsible person?

If a person fulfills financially responsible work, then he in any case enters into an agreement on financial liability.

This also applies to part-time workers.. Only persons under 18 years of age are exempt from financial liability. They are not accepted for responsible positions at all.

The concept of financial liability is fully defined by the laws of the Russian Federation. The legislation contains lists of positions and jobs in which financial liability arises. When hiring a person for such a position it is necessary to conclude a liability agreement.

If a liability situation arises, you first need to determine whether the employee is really at fault.

If there is a causal connection between his actions and the damage caused, then the damage will have to be compensated in full.

The procedure for compensation can be voluntary, administrative or judicial.

The terms of compensation are usually set individually - by the employer, the court or by agreement of the parties.

Can an external part-time worker be hired for the position of storekeeper for 2 hours of work per day? Is it possible to conclude an agreement on full individual financial responsibility with such an employee? And can such an employee (external part-time worker) be a financially responsible person?

The legislation does not contain restrictions on hiring an external part-time warehouseman. The organization has the right to enter into a liability agreement with the storekeeper. An employee working in an organization under an employment contract may be a financially responsible person.

The rationale for this position is given below in the materials of the Glavbukh System

If the employee’s future work is related to the servicing of material assets (money, goods), you can enter into a liability agreement with him when hiring. *

Types of financial liability

According to the general rule in force in labor legislation, for damage caused to the organization, the employee bears limited financial liability - only within the limits of his average monthly earnings (). In this case, the recovery of the amount of damage caused from the guilty employee is carried out by order of the manager. The order for recovery must be made no later than one month from the date of final determination of the amount of damage caused by the employee. If this period has expired, damages will have to be recovered through the court. * This procedure is provided for in the Labor Code of the Russian Federation.

When responsibility arises

Financial liability will arise only if the employee is at fault for causing the damage. * If an employee causes damage due to force majeure (fire, flood, other natural disaster), his liability is excluded. He will not be found guilty even if he caused damage to the organization’s property, using it for necessary self-defense. This is stated in the Labor Code of the Russian Federation. To establish the causes of damage, require an explanation from the employee in writing (Article 247 of the Labor Code of the Russian Federation). If the employee refuses to give an explanation, draw up a statement of refusal.

With whom is a full liability agreement possible?

Agreements on full financial liability cannot be concluded with all employees, but only with those who: *

• directly service or use money (goods) or other property belonging to the organization;
• have reached the age of 18;
• their position or work is classified as one that allows the conclusion of such an agreement.

The chief accountant advises: employment contract With the employee who will service the material assets, stipulate that he bears full financial responsibility on the basis of the relevant agreement. This will help to avoid troubles in the future if the employee refuses to sign an agreement on full financial responsibility. If he agreed to such a condition when applying for a job, he is simply obliged to sign the contract itself.

Refusal to conclude such an agreement should be considered as non-fulfillment labor responsibilities. What may follow disciplinary action up to dismissal (). This point of view is confirmed in paragraph 36 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

An example of a full individual liability agreement

P.A. Bespalov was accepted into the organization as a storekeeper.

Storekeepers are financially responsible employees (Appendix 1 to Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85). Therefore, an agreement on full individual financial responsibility was concluded with Bespalov. In addition, the condition for the employee’s full financial responsibility is provided for in the employment contract concluded with him. *

N.Z. Kovyazina

Deputy Director of the Department wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia

When working part-time, the employee, in his free time from his main job, performs other work under a separate employment contract (Part 1 of Article 282 of the Labor Code of the Russian Federation). Part-time work can be done both at the place of your main job (internal part-time job) and in other organizations (external part-time job) * (Part 3 of Article 282 of the Labor Code of the Russian Federation).

The law does not limit the number of part-time jobs. That is, an employee is allowed to enter into part-time employment contracts with any number of organizations. This is stated in Part 2 of Article 282 of the Labor Code of the Russian Federation.

Who cannot be accepted part-time

Some citizens cannot be hired for part-time work. These include, in particular: *

• minors();
• citizens who are hired to work with harmful and (or) hazardous conditions labor, if their main work is related to the same conditions ();
• prosecutorial employees (except for teaching, scientific and creative activities) (clause 5 of article 4 of the Law of January 17, 1992 No. 2202-1);
• citizens who are hired for jobs related to driving vehicles or traffic control Vehicle, if at their main place of work they perform the same job duties (Part 1 of Article 329 of the Labor Code of the Russian Federation). The list of positions and professions to which this restriction applies was approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16;
• judges (except for teaching, scientific and creative activities) ().

If an organization mistakenly hires an employee who is prohibited from working part-time, he will have to be fired under Article 77 of the Labor Code of the Russian Federation (as a violation of the rules for concluding an employment contract, which precludes continued work).

Documenting

When hiring an external part-time worker, ask for:

• passport or other identity document;
• document on education (its copy) (when applying for a job requiring special knowledge);
• a certificate about the nature and conditions of work at the main place of work (when hiring for hard work, work with harmful and (or) dangerous working conditions).

Such a list of documents is established in the Labor Code of the Russian Federation.

An external part-time worker should not provide a work book (Part 3 of Article 65 of the Labor Code of the Russian Federation). At the request of the employee, information about part-time work can be entered into work book at the place of main work (Part 5 of Article 66 of the Labor Code of the Russian Federation). To do this, provide the employee with a document confirming part-time work. What document is this? Labor Code The Russian Federation does not determine. Therefore, it can be anything (employment contract, certificate, copy or extract from the employment order, etc.) provided that it contains the necessary information.

When applying for a part-time job (both internal and external), enter into a separate employment contract with him. Be sure to indicate in it that the work he is performing is a part-time job. * This is stated in the Labor Code of the Russian Federation. Otherwise, the same requirements apply to an employment contract with a part-time worker as to contracts concluded at the main place of work (Chapter 10 of the Labor Code of the Russian Federation).

After the employment contract has been concluded, issue an order for employment according to unified form No. T-1 or Download forms

We are planning to hire a part-time employee for the position of caretaker. This position involves financial responsibility; can we appoint a part-time employee as the financially responsible person?

Answer

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