How to dismiss the head of the branch financially responsible person. The procedure for the delivery of material values \u200b\u200bwhen dismissing and the act of transfer of the TMC

Before talking about the procedure for the dismissal of a material responsible person at his own request, it is necessary to recall who in principle can be such a person in the organization.

First, the condition for material responsibility in the full amount of damage to damage can be spelled out in labor contracts with the Deputy Head of the Organization, as well as the Chief Accountant (Art. 243 of the Labor Code of the Russian Federation). Secondly, with employees who replace certain positions and performing a certain kind of work, written agreements on full material responsibility for the launch of entrigated property (Article 244 of the Labor Code of the Russian Federation) can be concluded. The categories of such employees and work are named in the list (Appendix N 1 to the Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85). And if the employee does not fall into the specified categories, it is impossible to conclude a contract for full material responsibility (the letter of Rostrude from 19.10.2006 N 1746-6-1). Accordingly, before the employer, he carries (Art. 241 of the Labor Code of the Russian Federation).

Features of the dismissal of a materially responsible person

If your employee wrote an application for dismissal at his own desire, then you, as an employer, have the right to demand from him, starting from the day after the day after the day of submission of the application. And on the last day of the employee, it is to pay with him and give him a labor book (Art. 80 of the Labor Code of the Russian Federation). This is the general procedure for the dismissal of employees.

But if a worker decided to resist, who is a materially responsible person in your organization, then during these 14 days you must have an inventory and transfer property entrusted to him on the act of a new materially responsible person (paragraph 22 of the methodological instructions, approved by the order of the Ministry of Finance of 28.12. .2001 N 119n, p. 1.5 of methodical instructions, approved by the order of the Ministry of Finance of 13.06.1995 N 49). If the new employee is not yet found in the place of the place not found, then values \u200b\u200bshould be transferred to another person who will temporarily fulfill his duties.

If you do not quickly carry out an inventory

It happens that the inventory is delayed and finished it until the expiration of a 2-week workshop fails. For this reason, delay the calculation with the employee and not to give him an employer's employer has no right. Indeed, the TC RF does not contain any conditions to extend the period of working out. In such a situation, the employer has 2 options.

First option. You can dismiss the employee on his last working day, as required by the Labor Code. And if the shortage will be revealed later, then you will seek the damage to the court in which you will need to prove that this is the lack of this officer.

Second option. Try to agree with the employee, so that he recalls his application for dismissal at his own request, provided that it will be dismissed by agreement of the Parties (Art. 78 of the Labor Code of the Russian Federation). In the agreement, it is possible to directly foreseen that the last day of the employee's work will be the end of the inventory, as well as the size of the output benefit.

This option is a kind of compromise for the employer and employee. The latter such a proposal may be beneficial because although he will be fired later, but in addition to other payments, the day off.

Any relations and labor here is no exception, sooner or later can be broken.

The dismissal of an employee in independence from what they have obligations on it and anyone would be, should occur as it requires that current legislation. General rules for dismissal from posts are described in Article 84.1 of the Labor Code of the Russian Federation.

How to calculate the official carrier mate. a responsibility? This question is often worried about employers. How to make an inventory owned by the enterprise of values, how to check the mat. Values \u200b\u200bthat are following an employee of the organization to another person? Is it possible to cut a regular unit that is responsible for the values \u200b\u200bentrusted to it, etc. On these and other questions, we will try to answer today.

Procedure for transfer of values

Generalized variability models two, and none is normalized by law.

The first - candidate for a vacant position, which is released, have not yet found.
The second - there is already another employee, ready to start work the day after leaving the predecessor office.

Consider the first model. It is clear that the work associated with the service of the organization's property does not entrust the first thing that happened. Therefore, the search for a candidate may take some time. Under such conditions, it is worth looking for a replacement among employees of the enterprise.

ATTENTION! Values \u200b\u200bshould not be transferred to employees with whom it is impossible to conclude an agreement on the full mat. responsibility. Such an error may be expensive to cost an employer. Legislation allows the employer to enter into an agreement not with all working in the enterprise.

If the agreement was signed with an employee of the organization, duties (work performed) of which is absent in the list, which is set out in the specified ruling, the employer will not be able to attract him to justice and recover damage from it.

Values \u200b\u200bshould not be transferred and enter into an agreement with a person who is not officially accepted for the position.

Before the dismissal, the employee conveys the Commission's value on the act of value, which conducts an inventory.
The room where material values \u200b\u200bare stored (safe with money values), the Commission seals.
The next, after registration of the dismissal of the previous employee, takes already new and transmit values \u200b\u200bto him.

This kind of such a procedure is provided for by the legislation of the Russian Federation.

How to leave a post on your own accord?

Now more about the dismissal procedure of a materially responsible person at their own request. To get from office on your own initiative, need to follow this order:

an employee must notify the employer in writing at least 14 days (if there is no valid reason for exemption from working out);
further, the Commission in the presence of a financial and responsible employee who leaves his post, must accept him. Values \u200b\u200band inventory. If the deficiency or damage is revealed, the act is drawn up;
the employer in turn should compile an order to dismissal;
on the last working day, the employee is issued by labor under the painting and the final calculation is made with it.

Even when I detect a shortage, the employer has no right, not to give the worker a labor. If the employee does not agree to pay a shortage, then the employer has the right to go to court.

The employer cannot not dismiss the employee of the organization's Council until he transferred values. The procedure for the dismissal of a financial and responsible employee certainly has its own characteristics, but the foundations and design of personnel documents are standard, as well as for all other employees. And no matter who initiates dismissal: employee or employer.

EXAMPLE:

The employee provided an application for dismissal at his own desire. After the two weeks laid in this case, the employer must calculate the employee. The position "Melts, when to transfer the value obtained" - a direct path to a lawsuit, since there is a violation of labor legislation.

The Code of Labor Law (KZOT) does not associate the right to work to quit on his own request with any production circumstances: the need to complete the project, to complete the negotiations, pass the value obtained.

Organize the transfer of values \u200b\u200b- the task of the employer. Of course, it also needs time.

Do I need an inventory?

The circumstances in which you need to transfer values \u200b\u200bmay vary, as well as the way they are transferred. However, under any conditions before dismissal or change responsible for the property, the official is carried out inventory.

To transmit entrusted values \u200b\u200bto any other person on the act without carrying out complete inventory is not allowed.

Inventory property is the only way:

establish which and how many values \u200b\u200bare transmitted;
secure the number and integrity of the available values.

So, as we see without an inventory of property, it is impossible to change responsible for its safety.

ATTENTION!The situation applies to all organizations and absolutely does not depend on their organizational and legal form and form of ownership.

The employer conducts an inventory not only for the sake of compliance with the requirements established by law. First of all, it is a way to protect the financial interests of the enterprise itself.

Inventory should be carried out in the presence of a materially responsible official and the commission, which takes from a valuable employee.

Algorithm for holding

Ministry of Monsocompolatics draws attention to that before taking the position of another official, it is necessary to release someone who takes it, and offers the following sequence of actions for the release of a materially responsible official:

Materially responsible transfers the values \u200b\u200bentrusted to another employee on the act.
The head of the enterprise makes an order for the temporary appointment of this employee (it must belong to the same category of personnel). An agreement concludes an agreement with an employee and transmit it to the values \u200b\u200bon the act.
Take a new employee to work, conclude a contract with him. Temporarily appointed employee conveys the values \u200b\u200bof the newly adopted on the act.

In such a situation, you will have to conduct an inventory twice and make two acts. The algorithm of action will be like this:

We define an employee who will fulfill the duties.
We obtain the consent of the employee to fulfill such additional work on the conditions of combination.
We carry out an inventory that employee is released, transfers the property to another employee of the enterprise on the act.
We make out the dismissal of an employee with a mat.
We charge another employee of the enterprise performing additional work on the conditions of combination.
We conclude a contract.
We find a new permanent worker.
We carry out an inventory.
We cancel combination.
We accept a new permanent employee.
We conclude a contract.
The worker replaced, transmits values \u200b\u200bon the act.

According to the second model, when the successor was picked up for the position of a material-responsible official, the procedure was free to simplify.

Reducing an employee with whom an agreement has been concluded

The reduction in the official of the responsibility agreement for the property before the enterprise is also occurring as a reduction in any other official and is regulated at the legislative level. However, with a reduction, the material-responsible person is obliged to undergo a procedure for inventory, to transfer the property entrusted to him, before the employment agreement is terminated.

In the case of a reduction, one of the main responsibilities of the employer - in the deadlines to report an employee of an enterprise about this. In addition, you should understand that warning about the upcoming reduction must be done personally and in writingAlso no later than two calendar months before the actual liberation from the post.

To warn about the upcoming dismissal from office, it was already mentioned in writing.

The fact of obtaining such a document warning document, an employee must witness a personal signature on the second instance of the message, it is stored in the personnel department, in such a document, it is necessary to indicate a suggestive date of the notice, which will further eliminate the possibility of controversial issues about how the person's personnel of such a document And the dates when the employee was familiar with the document.

A two-month period is calculated from the date of delivery of a document of a report on the reduction. KZOT requires simultaneously with the presentation of the document of the reporting an employee to reduce the employee of another vacancy in the organization - of course, if such a vacancy exists.

In the presence of vacancies in the text of the message itself, it is advisable to include not only information about the upcoming reduction in the state, but also about the proposed vacancy.

Reduce employee, not always just in such a question there are some nuances that you should know. In particular, the legislation determines the list of employees who have such an advantage as the right to stay on the post occupied by an employee despite the reduction.

When the reducing staff is associated with changes in the enterprise, those who have a higher level of qualification and a higher performance indicator have such preferential right to the position.

Is it possible to leave the employee without work?

The employer may refuse an employee in dismissal only subject to the coordination of this issue, but he cannot do this at the end of the warning period that the employee wants to quit his own desire. Will have to satisfy the request of an employee about an urgent dismissal, if there are good reasons In order to leave the office without a work output.

How to be if a shortage was discovered?

If, during the inventory, the Commission will find a shortage, the company will have a reason for compensation for damages caused to the former employee of the Organization.

The order and timing during which the inventory should be carried out in order to administrative and economic issues.

The order records, in particular, the composition of the commission, the term for approval of the results of inventory, the condition for the mandatory presence of a materially responsible official.

The employer cannot not give out a labor book or not to make a calculation when dismissing to "stimulate" a former employee to sign documents, return values \u200b\u200bor repay debt obligations.

If the tenant has financial claims to the former employee, they need to decide in court.

Obviously, the situation with the dismissal of such employees is quite complicated. After all, the proposed transmission mechanism from one employee, other material values \u200b\u200bactually obliges to hold two inventories and make two acts of reception and transmission, since actually the transfer of property occurs twice.

Of course, it is better to inspect the temporary material values \u200b\u200bof the enterprise, an employee with which an agreement on full responsibility for the mat has already been concluded. Values.

In almost any commercial organization, financially responsible workers work: cashiers, heads of warehouses, heads of production workshops. The rights and obligations of these employees are clearly spelled out in the employment contract. Therefore, the question of dismissal is associated with some nuances. The dismissal of a materially responsible person (mole) should always be on strict rules so that the company subsequently does not suffer due to a former employee of damages.

Before taking a job with a person is a contract for liability. You can see a sample of such a document. In this contract, the nuances associated with the dismissal are pressed. It is important to consider the manager and register in it the details relating to both the work and the dismissal of such employees. If the company has no own lawyer, such a contract is better to draw up using a third-party legal organization.

The dismissal of a materially responsible person should always occur on strict rules, so that the company subsequently did not suffer due to a former damage employee.

How to dismiss?

The Ministry of Labor of Russia approved a list of professions that deal with material values. When they are dismissal, an inventory is made and an act of transmission is drawn up.

It is important to take into account that the main procedure for the dismissal of the substantive person common with the other categories of employees and is registered in 84 of the article of the Labor Code of Russia. The employee is obliged to apply for the care of two weeks. After the expiration of this period, he receives his documents and money calculation. For longer than fourteen days, it is impossible to delay the dismissal procedure, so all the questions should be solved on this time.

Do I need to consider material values

Inventory occurs in any case. This requirement is presented by order of the Ministry of Finance No. 119n. The act of material values \u200b\u200bshould give up to the chief accountant of the enterprise, who carefully checks and signs it and signs if there are no complaints.

Material values \u200b\u200bThe dismissed employee must submit to the face that is temporarily or constantly appointed to this position. Sign such an act of persons who participated in the inventory:

Glavbukh.
Director of the Organization.
Head of the warehouse or department.
Several representatives of the company.
An employee who takes values \u200b\u200bof a material nature.

Under the document on inventory and the act of transferring values, the director has a signature.

Difficult situations

Difficult situations arise if the employee refused to officially transfer values \u200b\u200bor revealed a shortage. The TK RF is guided here. Distributed employment contract is not a reason for the liberation of a former employee from liability. Thus, even after dismissal, the employee who gave losses can be brought to justice. But how exactly can people pay off his debts? There are options here.

Even after the dismissal, the employee who made losses can be brought to justice.

If there is a shortage, immediately after it is detected from the employee, explanatory in writing is taken. If a person refuses to write it, the company is an act, which sign two witnesses (perhaps from employees of the company). The document will be necessary if it comes to court.

A financially responsible employee may agree to pay off a voluntary basis, then with representatives of the company stipulate the order of repayment of debt.

If an employee refuses to pay money, an order is drawn up on the forced recovery of funds. But there is a nuance: the amount of damage should not exceed the average monthly earnings of the employee. If it is more - you need to go to court. Where, by the way, it may be proven that the shortage arose due to the problems of logistics of the enterprise.

Eventually

Each leader must remember that it is easier to agree with a materially responsible person about the voluntary issue of the issue. Often, you have to make concessions in terms and amount of payment. Legal practice shows that in court such cases can be delayed for several years.

Any relationship, among them and labor, one day will be completed. The procedure for the dismissal of any employee whoever he would be, whatever obligations on it lay should strictly comply with the requirements of the current legislation. The Labor Code (Article 84.1) describes the general rules for exemption from posts.

Including - and persons with liability. Before officially put out the door of such an employee, it is checked with a mandatory signing of the Act (Federal Law No. 402-FZ as amended by 2015 "On Accounting"), and leaving it transfers the values \u200b\u200bto maintain another employee of the organization.

After that, it is calculated, the former employee is issued on the hands of his documents, the workbook (Art. 140 of the TC). Moreover, the rules for transferring corporate values \u200b\u200bThe employer can change at its discretion (Art. 8) of the TC.

A lot will depend on whether a person leaves the organization in its own will. This may be the dismissal of a person responsible for MCs at his own request, agreement of the parties, or on the initiative of the leadership for the offense. The procedure for the dismissal of a materially responsible person at his own request or for another reason will be the following:

In any of the cases - 14 days begins. For this period:

the initiator warns the other side of the planned ending of labor relations;
inventory is performed. It is involved in it who is firing himself, besides, he should give him under the signature of the act on the results of the inspection;
the outgoing should pass things entrusted to him to another employee. The base is an act of acceptance and transmission.

To delay a person more than two weeks can not. Exception is to identify discrepancies in inventory.

After completing all the procedures, an order of dismissal is published, decreasing from the organization receives documents and full calculation.

What includes a complete calculation:

income for actually developed time;
compensation for unused vacation;
output benefit.

Inventory is carried out if it was spelled out in the contract. The prerequisite is the presence of the employee himself, except if it is ill (important: the disease during these two weeks is not an obstacle to the dismissal!). In this case, the declaration must sign the paper confirming his consent to conduct testing and transmitting without it.

Inventory of a materially responsible person when dismissal may be carried out completely, but partly - only in relation to major values. It doesn't matter, the employer has managed to finish it or not - this is already his problems, to delay the issuance of the workbook and the money he has no right.

If a person refuses to recalculate and relocate the property, these procedures are made after its dismissal.

The employer can sue the pastIf the shortage still detects, but he will have to prove that it happened during the work of the dismissed and what she was connected with his actions. In turn, the defendant proves that he is not involved in lacking.

Act of receiving values

It contains the name of goods that are transmitted to someone else's reference, the name of the organization, who also reports. It is necessarily indicated who was present at the same time. Next - the date and signature.

Who signs:

fired;
receiving;
director;
head of the Department, where the outgoing employee worked;
chief Accountant.

What difficulties may arise

Abbreviation

In essence, the same procedure as the reduction of other workers. True, with a reduction in a materially responsible person, the period from which the "countdown" begins is two months.

During this period, it is not only necessary to have time to check the safety of values \u200b\u200band take care of who they will be transferred, but also to notify the employee about the amounts of change in the organization (official document under the signature) - Article 180 of the TC. Besides:

the order is published on the establishment of a state reduction commission;
it is determined who has great advantages in order to be left in the company;
an order to reduce the state is published;
the employee is offered (in writing) equal positions in the same company, and in the salary it should not lose. If none is suitable, reduced by his hand should write that from the proposed refuses and put a signature;
the union is focused;
the order is issued on the dismissal (for personal familiarization and painting);
final calculation.

The notorious "two-week workout" is perceived by many as an axiom, although no one can say for sure that such a "service" is approved in this article. How to quit the mall without work?

The fact is that the Labor Code does not contain such a norm at all. It is said that an employee who wishes to leave, no matter what commitments are lying on it, must warn the director about this no later than two weeks before the planned care.

Also significant reasons are considered:

the employee entered the educational institution (as provided by documents);
the employer violated the terms of the contract;
the worker moves to another city;
retirement (no matter - on a long time it has occurred or a working pensioner);
disease.

True, in the case of a disease, it is necessary to provide his written consent to checking and transferring values \u200b\u200bto another person without your presence.

You can, of course, do not transmit them. But then, if it still detected damage, you will have to prove to the court of its innocence.

In general, the inventory, its conduct, the procedure for drawing up an act and evidence - all these concerns lie on the employer. It he needs to take measures to publish an order to make a commission to familiarize the employee with the act, in order to attend at least two witnesses.

And so that the amount of damage or shortage corresponds to reality (accounting documents are taken for settlements, and wear is also taken into account).

The question inevitably arises - is it possible to leave the organization "Scroll" of this kind of verification?

Yes, if:

the employer missed the deadline or did not issue an order of lack at all;
this is not written in the contract;
the agreement did not subscribe at all.

If the inventory procedure itself was carried out with violations, then the test is invalid and whatever the results negleted - they cannot serve as a basis for loss of confidence in the dismissal.

Postfactum forcing the dismissed to participate in the check (that is, after receiving the calculation) it is impossible. This is permissible only on the basis of his own desire to be dismissed.

Dismissal of a materially responsible person in short

The shortage is not the reason for the failure of the dismissal. True, its detection is associated with certain difficulties and can increase the two-week "finishing straight line". However, in any case, on the basis of the written order of the Director, an inventory should be carried out.

Next is the inspection to establish that it is the behavior of an employee who has led to a shortage of values. After that, the results of the inspection are provided with an employee and the written explanation (Article 247 of the TC) is applied (Article 247 of the TC) of what happened. The requirement may not be executed - then the corresponding act is drawn up.

Next, everything will depend on whether the employee agrees with the conclusions of the commission or not. If so, the shortage is charged from the salary. If not, then you should look at the amount of damage incurred by the organization:

the director will destroy through a written order (if the amount is not higher than the average monthly income of the employee - Art. 248 TC;
the amount is charged upon court.

That is, it becomes clear that reasoning about the impossibility of dismissed by the person who is entrusted with material obligations - nothing more than words. It is only necessary to carefully comply with the procedure prescribed by law - only so actions and claims of the employer can be considered permissible.