A liability agreement is concluded when an employee is hired, if he is admitted to inventory items, for which he will be fully responsible. In case of their loss, the employee is obliged to compensate the employer for material damage in full.
Necessary
- - labor contract (supplementary agreement);
- - material liability agreement.
Instructions
Step 1
When employing an employee whose work will be related to material values, first conclude a regular employment contract with him, and immediately after signing it, draw up a liability agreement.
Step 2
The form of the liability agreement has a unified form approved by the Ministry of Labor No. 85 of December 31, 2002. In addition, a list of positions has been approved, upon recruitment of which this document should be concluded.
Step 3
In the absence of a liability agreement signed by the employer and the employee, no more than one monthly salary can be collected for the latter's guilty actions, due to which there was a loss of inventory items. Therefore, the conclusion of the contract must be treated with full responsibility.
Step 4
The unified material liability agreement contains several points: the details of the parties, the subject of the agreement, the procedure for determining the amount of damage and its compensation, the obligations of the parties to fulfill material obligations and the safety of property.
Step 5
A liability agreement concluded with employees whose position is not indicated in the approved list or with employees who have not reached the age of majority is not legally significant. It is impossible to recover material damage from these persons, therefore it makes no sense to conclude an agreement.
Step 6
Draw up the document in duplicate for each of the parties. Responsibility for the safety of entrusted inventory items begins from the moment of signing the contract. If your employee has already worked for you before, but was not a financially responsible person, fill out an additional agreement to the employment contract, and then conclude an agreement on material liability. If you have drawn up a collective agreement, for example, for all members of the team, additionally conclude individual agreements. Since in the event of the loss of inventory, collective responsibility does not occur. Each person will pay only the part that is personally entrusted to him.
