Yur-Grand

Briefly about the main responsibilities

Who is the financially responsible person of the warehouse? Storekeeper:

Accepts for storage material assets from individuals and legal entities, employees of the organization, and the population.
Issues material assets for their processing and use in accordance with the presented documents to individuals and legal entities, employees of the organization, and the public.
Moves the mat of value for placement in the warehouse, movement within the warehouse, issue.
Provides safe storage conditions and safety of material assets.

This position is a mat. responsible. Position of storekeeper, manager warehouse is included in the list of positions with which contracts are concluded under Art. 244 Labor Code (Regulation of the Ministry of Labor of Russia No. 85, valid from December 31, 2002).

A sample agreement on liability with a storekeeper is presented below.

The legislative framework

A financially responsible employee can become such either by law or on the basis of a contract. In the first case, this is, in accordance with Article 277 of the Labor Code of the Russian Federation, the head of the company. Article 243 allows deputies and the chief accountant to be included in the same category if the corresponding clause is specified in the employment contract.

Storekeeper's liability agreement: sample and contents

You can find an agreement on the material liability of a storekeeper here.

The content corresponds to Art. 244th TC:

Place, date.
Full name of manager warehouse
Full name of the manager, name of the legal entity.
Item.
Term.
Responsibilities: a) Head. warehouse; b) General Director.
Rights: a) Manager warehouse; b) General Director.
Responsibility; a) Manager warehouse; b) General Director.
Procedure for collecting damages. a) By court; b) Company management.
How the contract is extended and how it is terminated.
Force Majeure.
Other conditions.
Signatures.

Work manager warehouse is associated with risk. Persons applying for this position must be aware of this risk and take all necessary precautions.

What are the options for swearing? liability applicable?

Mat. The responsibility of storekeepers is regulated by Art. 243, 244, 138 TC, Resolution of the Ministry of Labor of Russia N 85, 12/31/2002.

For this position a full (100%) mat is established. responsibility for the safety of mat. valuables in warehouse.

He will bear financial responsibility in the warehouse if it is stipulated in the agreement on full mat. liability concluded with him or an employment contract; or they are in the job description, for which the storekeeper signed. In the listed cases, it is logical to assume that we are dealing with different forms of this agreement, no matter what the document is called.

The storekeeper, like all employees of the company, also bears a full curse. liability when identifying a shortage of funds that arose under the circumstances provided for by the Labor Code, clause 1 of Art. 243rd: entrusted with a corporate document; committed with intent, while drunk; committed during non-working hours; disclosure of secrets, the protection of which is provided for by the organization’s documents; arising as a result of his commission of acts determined by the court as offenses committed by him, in the amount of fines imposed on the organization, the cost of irretrievably lost property.

The last item includes a list of admins. violations punishable under Art. 15 of the AP Code. They are imposed in parallel on a legal entity and an official. The organization has the right to oblige the latter to partially or fully, in addition to a personal fine, pay the bills presented to the company.

Responsibilities of a storekeeper

The storekeeper directly receives, stores and releases material assets, and he must also rationally use the space of the warehouse when placing products. The specialist is obliged to provide the ability to quickly and conveniently search for inventory items.

The job responsibilities of a storekeeper, as specified in the job description, involve performing the following functions. The storekeeper is obliged:

Read more: Application for opening an additional okved for individual entrepreneurs

Receive into the warehouse, weigh, store and issue material assets, which can be raw materials, semi-finished products, parts, products, materials, etc.

Check the compliance of inventory items arriving at the warehouse with the products specified in the accompanying documentation.

Place inventory items in storage areas, sorting by type, quality and other characteristics.

Organize storage in such a way as to eliminate the possibility of loss or damage to stored valuables.

Manage work related to loading, unloading and placing inventory items in the warehouse.

Complete batches of inventory items depending on received orders

Draw up documentation indicating malfunction, damage, shortage of tools, devices, etc.

Maintain records of inventory items stored in the warehouse and maintain relevant documentation.

Participate in the inventory process.

Ensure the safety of inventory items received for storage.

What exactly is the financial responsibility of this position?

The storekeeper responsible for the shortage of mats. valuables in the warehouse, is obliged to fully reimburse the organization for their value according to accounting documents.

ATTENTION ! Without a mat agreement, liability is limited. When no agreement has been concluded, or there are no such clauses in the contract, under all circumstances, with the exception of those provided for in paragraph 1 of Article 243 of the Labor Code, payment of losses is made in the amount provided for in Articles 81 and 241 of the Code.

The amount of damage is determined as follows : an employee who discovers a loss to the organization reports this to the general director with a memo. The head of the company, by order, forms a commission to clarify the circumstances.

The exchange of losses is calculated based on current market prices, but not lower than the cost of damage according to accounting. Losses within the limits of natural loss are not taken into account.

Lost foreign currency is taken into account at the Central Bank exchange rate. Other currency values are assessed by experts in accordance with the 41st Federal Law of 03/04/1998. Based on the results of the work, the members of the commission sign the act they have drawn up.

If the materially responsible person at the warehouse proves that he acted on the verbal instructions of his boss, this does not relieve him of guilt.

for the storekeeper to demand written instructions from immediate supervisors in each case . Losses incurred by the company due to force majeure are not recoverable from the storekeeper.

Summary

What is the nature of the storekeeper's financial liability?
Is a junior storekeeper financially responsible?
What kind of confirmation is needed about the removal of financial liability from the storekeeper?
Should a financially responsible person, a retired storekeeper, work for 2 weeks?
Limits of material liability of the storekeeper.
Material liability
Contractor's liability
The concept of liability
Financial responsibility of the chief accountant
Material responsible

Questions

1. What is the nature of the storekeeper’s financial liability?
1.1. It all depends on the contract concluded with the employer.

2. Is the junior storekeeper financially responsible?

2.1. Hello, I believe that everything depends on the presence of such responsibility in the job description, which such a junior storekeeper must be familiar with, upon signature. If this is not the case, then such a junior storekeeper is not financially responsible.

2.2. Good evening, Kolya! Whether junior or senior storekeeper, any person is financially responsible if he is involved in the storage, acceptance and release of goods and materials. Only the limits of liability may vary.

3. What confirmation is needed regarding the release of financial liability from the storekeeper?

3.1. It could be anything, for example a receipt that there are no claims

4. Should a financially responsible person, a retired storekeeper, work for 2 weeks?

4.1. Hello Svetlana! He should, unless he is retiring for the first time.

5. Limits of material liability of the storekeeper.

5.1. In accordance with paragraph 3 of Article 121, Article 121-1 of the Labor Code of the Russian Federation, an agreement on full financial liability for damage must be concluded with an employee performing work related to the storage and release of material assets. For this, it is necessary that the employee has reached 18 years of age .If the contract was not concluded (contrary to the law), then liability is limited to average earnings, unless the employee’s actions do not constitute a criminal offense, or if the damage was caused while not performing work duties or while intoxicated, or items given to this employee for reporting were lost ( The employee signs for delivery). Thus, if the administration has complied with the requirements of the law, then the storekeeper has full responsibility.

6. I work as a kitchen worker in a kindergarten, the manager called and said that the storekeeper had a shortage and we, as kitchen workers, 6 of us, must pay for this shortage by dividing it among everyone, is it legal and what will happen if we refuse to pay because the storekeeper is the financially responsible person for storage and food distribution!

6.1. Tell me, how did the manager determine the shortage? Was there an audit, who was present at it? What does the storekeeper say about this? Regarding your question, you need to seek advice personally from a lawyer and submit all available documents regarding the shortage.

7. I work in a kindergarten as a kitchen worker (peeling vegetables, washing dishes). The manager called and said that the storekeeper had a shortage of vegetables and that we needed to pay for the shortage, thereby dividing the shortage among all the kitchen workers, 6 of us, 3 cooks and 3 kitchen workers. Is this legal if the storekeeper is the financially responsible person for storing and issuing products?

7.1. Hello Svetlana!

It is not so easy to hold a financially responsible person liable. An inventory must be taken, then the reasons for the shortage must be identified. After which the MOL may agree to compensate for the shortfall voluntarily or through the courts. Persons with whom an agreement on full financial liability has not been concluded can be held liable only in the event of direct actual damage to the employer as a result of intentional actions.

Contact the state labor inspectorate to protect your rights.

8. When dismissing a financially responsible person (storekeeper, warehouse manager) who is on a probationary period, is the notice period for the employer 3 days or 14 days?

8.1. During the probationary period, notice must be given in writing three days in advance (Article 71 of the Labor Code).

9. A shortage was discovered in open warehouses. Can they recover damages from the financially responsible storekeeper?

9.1. Theoretically they can, but in practice we need to look at the circumstances.

10. I work as a storekeeper in a catering department warehouse, every morning the production manager comes and removes the leftovers from our warehouse, although she is not financially responsible and has nothing to do with the warehouse, we are related to the AHC, does she have the right to do this.

Read more: Assignment of an old-age pension, consideration period

10.1. If this is provided for by her job responsibilities. Either by some order this is entrusted to her, then she has.

10.2. If she has this in her job responsibilities, then yes she has the right. Check with management.

11. I am a financially responsible person, I work as a storekeeper, during my vacation and during sick leave people who were not financially responsible worked for me and they were all different, can the shortage be blamed on me alone?

Grounds and conditions

Upon transfer of the warehouse, an inventory is carried out. Its results are recorded in the acceptance certificate signed by the parties. If a shortage is revealed during transfer, this is the basis for swearing. responsibility.

The person accepting the documents has the right to demand verification of their compliance with the state of affairs. When such a demand was not made, the responsibility of the manager. the warehouse passes to the person who accepted the documents.

Of course, this does not apply to cases if, during inspections by tax and law enforcement agencies, the storekeeper’s actions are subsequently revealed, aimed at deliberately falsifying documents, reporting data, and concealing the theft of property.

The collected evidence confirming his guilt will be the basis for a court decision on his responsibility, incl. material.

When the manager warehouse, by a court decision, was found guilty of an act that led to damage to the organization, sentenced to criminal, administrative punishment, civil, tax liability, this is the basis for swearing. responsibility for the same acts.

Upon receipt of such a decision, the head. warehouse writes an explanatory note to the general director. He expresses his agreement (or disagreement) to voluntarily repay the damage caused. If there is agreement, the parties enter into an agreement on this.

A loss in the amount up to the average salary of a storekeeper is deducted from his salary by order of the manager.

If there is no agreement, the general director submits a request to the manager. warehouse to court. There he will have to prove that the reason for the shortage and the sanctions imposed on the company were the unlawful actions of the storekeeper.

For each salary payment, it is legal to withhold from the storekeeper no more than 20 percent of monthly earnings , if deductions are made for several individual IDs and in some other cases provided for by law - no more than 50%.

If checkmate liability arose as a result of an act committed by the manager. crime, the amount of deductions has the right to increase to 70% (Article 137 of the Labor Code).

Collection is carried out:

voluntary pre-trial settlement;
by a court decision independently;
by a court decision through enforcement proceedings.

Will the manager be retained? warehouse responsibility after his dismissal from office depends on his compliance (non-compliance) with the procedure for transferring cases. When calculating, it is necessary to transfer all mats according to the inventory to the manager, successor, temporarily performing duties. valuables and documents on them.