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What to pay attention to in the full liability contract?

Recently in our telegram channels we investigated the question "With whom you can enter into a contract of full liability?". In continuation of this topic, we want to tell you about several aspects of the contract that you should pay attention to.

Resolution № 447/24 of 28.12.77 provides a sample agreement on full liability. In our opinion, the contract should contain only those rules that can be actually used, and which are clear and understandable. In general, a standard contract meets these criteria. However, here are some fixes that can help you in the event of a dispute.

  1. The "header" of the contract usually indicates the name of the parties. In this agreement we will have two parties: the Owner (the legal entity represented by its representative) and the Employee. Be sure to indicate the position of the employee. Why?

Employees can change positions within one company. As we found out from the previous one articles, the employee's obligation to reimburse the damage in full depends on the position he holds. Therefore, when signing a contract of full liability, it is necessary to indicate what position the employee holds. So we will fix within what work he will be responsible for damage of property of the enterprise. In the event of a dispute, the court will draw the appropriate conclusions:

  • you have entered into an agreement with the employee who holds the position permitted by the Resolution;
  • the employee may be fully liable under the contract.

The standard contract uses the term "transferred values". This is a rather vague concept. What are the values, what is the order and how is the transfer recorded? The contract must contain answers to these questions, or at least references to other acts of the enterprise.

To define "values", we used the term inventory (hereinafter - goods and materials). Goods and materials are everything that you use in the production of products (equipment / raw materials), or finished products.

Regarding the issue of transfer of goods and materials, we settled it as follows:

"The transfer of inventory from the Owner to the Employee and vice versa is carried out on the basis of the Act of acceptance-transfer of inventory."

By specifying these points, we will avoid further questions "Is the damaged property subject to compensation under the contract?", "Was the property really transferred to the employee?" and "What exactly confirms the transfer of property?".

However, we draw your attention to the fact that the transfer of goods and materials on the basis of the Act is a rather troublesome process. If you have chosen this method of recording the transfer of goods and materials, you must monitor the maintenance and storage of such acts.

If we do not want to make a separate Act with each employee, we can prescribe in the job description a list of equipment with which he constantly works. This way we will record what equipment is entrusted to the employee and for which he is responsible. At the same time in the contract it is necessary to make the reference to the corresponding point of the job description.

When we transfer goods and materials within the enterprise, you can use another method - the Journal of inventory. Thus, all information about the transfer of goods to the employee will be contained in one document.

Importantly! When keeping the Journal, a confirmation from the employee is required - his signature in front of the received goods and materials.

Quite often a shortage or damage to property is detected during the inventory. It is desirable to provide in the contract the normative act regulating the order and periodicity of such inventory. This can be both the Regulation on the inventory of assets and liabilities from 02.09.2014 № 879 and internal acts of the enterprise.

This specification will help you in court to establish the grounds for the inventory and its procedure.

In case of damage or destruction of property, it is necessary to establish at what prices the compensation will be made.

The employee can damage: means of work (all equipment used for work), raw materials and finished products.

The simplest is to set a price for damage to finished products. In our opinion, the determination of the amount of damage should be calculated at the prices at which the Owner sells the finished product at the time of compensation. To prove the amount of damage it will be necessary to provide evidence that the prices are not fictitious - price list / concluded contract for the sale of finished products.

With regard to damage or destruction of raw materials, in our opinion, it is advisable to calculate the amount of damage at the prices at which the raw materials were purchased. This is due to the fact that raw materials are used quite quickly in the production process, and the price does not change too quickly.

This specification will help to avoid wasting time in litigation with the employee. It is not necessary to prove why the amount of losses is calculated this way and not otherwise - it's all written in the contract.

With regard to damage or destruction of means of labor, it is possible to determine the amount of damage at the prices at which the means of labor were purchased. This is a fairly simple way to confirm the amount of damage, especially if you have purchased such a tool recently. Proof of damage will be a check for the purchase of equipment. However, if your equipment is quite old and in poor condition, you should order a forensic examination or simply reduce the amount of compensation.

If you need advice on how to develop a contract, contact us for help
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