How to correctly assign a person in charge or in charge?

How to assign responsibilities

The appointment of responsible persons is made by orders of the employer. The form of the order to appoint a responsible person is free.

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 areas of 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 at a qualifying exam and received a state document (diploma);
complies with the professional standard of a labor protection 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

How to assign a person in charge or in charge?

In order to more efficiently operate the enterprise, responsible employees are assigned to each type of work:

In a large organization, the head of a department identifies the necessary workers, issues an order and has it signed by the manager.
The HR department employee fills out the order; this document indicates the area of responsibility and the full name of the performer.
The appointment may be related to the distribution of responsibilities, this may be financial responsibility, work in hazardous areas, responsibility for technical and fire safety.

Let's celebrate! If the company does not have a large staff of employees, the persons responsible for any area of activity are appointed by the manager himself. In some cases, the director may assign these powers to himself; an order must be issued to confirm this.

In what areas of the organization are responsible persons appointed?

In the activities of the organization, responsible persons are appointed in the process of working with funds and expensive equipment.
When ensuring safety in the field of electricity and fire department.
Industrial enterprises that work in hazardous working conditions. For each scope of work, a person is assigned who is responsible for the safety of its implementation.
If an enterprise carries out lifting work to great heights, then there may be three or more responsible persons for each type of work. One employee is responsible for the working condition of the equipment. The second must monitor the safe implementation of these works, the third monitors the entire production process.
In the field of compliance with staffing schedules, timely recording and calculation of hours worked.
Training of newly arrived workers and improving the professionalism of existing workers at the enterprise.

Note! If any work carried out is important, a person appointed for this purpose will monitor its execution. This appointment can be confirmed by order, it has legal force.

Who has the right to appoint a person responsible?

Many industries have special departments that monitor the activities of all structures of the enterprise.

Their job descriptions spell out the entire range of powers and all types of responsibilities they bear:

The accountant of the enterprise and the director bear financial responsibility immediately after taking office, since their powers include operations with the financial assets of the enterprise.
To appoint an employee responsible for the quality and volume of work, the site manager gives an order, and the order form is filled out by the secretary or the personnel department, and the director signs this document.
The employees responsible for fire safety are appointed by the head of the enterprise. The employee who is responsible for electrical safety and the person responsible for labor protection is appointed by the director of the enterprise. Persons entrusted with these responsibilities must have the appropriate knowledge and skills. To confirm this knowledge, you must provide a diploma, and you must also pass advanced training courses and annual exams.

Let's celebrate! Accordingly, the appointment of these employees is managed by the director, heads of sections and divisions of the organization.

Step-by-step instructions for assigning a person in charge

In the case of appointing a person responsible for material assets and valuables, it is necessary:

Draw up and sign an agreement with this employee on his responsibility for material assets.
Draw up a draft of a future order.
This draft order must be signed by the company’s lawyer.
After the order is drawn up and signed by a lawyer, it must be sealed with the signature of the director.
Provide this order to the financially responsible person and obtain his signature.
An important point when concluding a contract and appointing an employee is that you first need to check the act of acceptance or delivery of goods and materials.
Then draw up an act and hand over the goods and materials for storage to this employee.

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 includes:

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

Sample order for the appointment of 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 (Article 243 of the Labor Code of the Russian Federation) in the following cases:

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 the relevant government body;
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. To conduct such an inspection, the employer must create a special commission, during which it is necessary to obtain written explanations from the guilty employee regarding the fact of the incident. 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.

Appointment of financially responsible persons

For the director, liability is provided in full.

The deputy director and chief accountant are appointed responsible; if this does not happen, they bear the same responsibility as other employees of the enterprise. To do this, it is enough to include such a condition in the employment contract.

The full responsibility of the employee or team is established by the agreement on the basis of which the order is prepared. The team responsibility agreement is signed by the manager and all team members.

Mandatory conditions for concluding an agreement are:

the worker has reached the age of majority;
performing work is impossible without maintenance and use of material assets.

Responsibility in a budgetary institution is characterized by the lack of circulation of money and valuable assets. There are no positions related to such activities.

Questions you should and should not ask an employer during an interview

The contract is allowed to be signed with workers in positions or engaged in work specified in Resolution of the Ministry of Labor and Social Development dated December 31, 2002 No. 85.

To avoid contradictions when applying to judicial authorities, the nuances of financial liability should be clarified; they should be contained in the job description. The law does not establish such a requirement.

How to write an order appointing a responsible person

Step by step:

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 for the appointment of responsible persons from the General Director.
Familiarize the employee with the order and sign it.

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 acts);
natural risk (the presence of production does not guarantee the availability of sales of 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 (Article 240 of the Labor Code of the Russian Federation). The procedure and conditions for refusing to recover damages must be determined by an agreement or other regulatory document of the employer, for example, the 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 on 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.