POSITION
ABOUT DISCIPLINARY AND MATERIAL RESPONSIBILITY
JOINT STOCK COMPANY EMPLOYEES
I. GENERAL
1.1. This Regulation has been developed in accordance with the Charter
Joint Stock Company, Code of Labor Laws Russian Federation,
other normative acts and determines the procedure for applying
disciplinary and material impact on violators of discipline
and order.
1.2. The Company uses the labor of both shareholders and
workers who are not shareholders. Compliance with the rules
internal regulations, labor and technological discipline,
job descriptions and others normative documents Societies -
a single requirement for all categories of workers.
1.3. The Regulations on
subdivisions regarding the responsibility of employees are based on this
Position.
1.4. Right of application disciplinary actions enjoy
heads of departments and the Director (General Director) of the Company.
1.5. When imposing a disciplinary sanction or applying
other measures of influence should take into account the severity of the committed
act, the circumstances under which it was committed, the previous
the work and behavior of the employee, the availability of incentives received during
work in the Society.
1.6. The regulation is considered at a meeting of the Board of Directors
(supervisory board) and adopted by a simple majority of votes.
2. PENALTY FOR VIOLATIONS OF LABOR DISCIPLINE
2.1. The Company applies a system of combination of disciplinary
penalties with measures of economic impact on violators
disciplines.
2.2. For a one-time violation of labor discipline (being late for
work, failure to comply with the lawful orders of the administration, violation
internal work schedule, job descriptions,
department regulations, technical rules, technical rules
security, etc.) the Company provides for penalties in the form of
remarks announced orally by the head of the unit, or
reprimand, announced by order of the Director (General Director) on
at the discretion or at the request of the head of the department.
2.3. A reprimand announced by order of the Director (General
Director), deprives the employee of receiving additional payments to
wages specified in section 2 of the Regulations on promotion
employees of the Company, within 6 months, except for the payment of dividends.
2.4. For systematic violation of labor discipline, as well as
the absence of an employee without a valid reason at work within
three hours during the working day, being without good reason
not at your workplace, on another territory of the enterprise, refusal
employee without good reason from performing labor
duties, refusal or evasion without good reason from
medical examination of employees in the event of such
necessary, the employee's refusal to go to working time
special training and passing exams in safety and
rules for the operation of equipment; employee's refusal to continue
work in connection with a reduction in rank, salary or tariff
for gross violation of technological discipline by an employee, others
serious violations, or according to the results of certification; appearance on
workplace while intoxicated, in a state of narcotic or
toxic intoxication, an employee of the Company may be subjected to
the following types of disciplinary action:
- notice of dismissal (as for employees, So
and for employees - owners of shares);
- dismissal, incl. and workers - owners of shares.
2.5. The decision to issue a warning or dismissal from
of the enterprise is accepted by the Management Board of the Company at the request of the managers
divisions. Decision on warning of dismissal, or dismissal
of the employee comes into force from the moment of its adoption.
2.6. The decision adopted by the Board of the Company is a warning
employee on dismissal, deprives the employee of receiving additional
salary payments, including 10 percent (25 percent)
bonuses for ranks Best Worker enterprises", "Veteran of Labor"
for a period of one year, except for accruals of dividends.
3. RESPONSIBILITY OF THE COMPANY'S EMPLOYEES
3.1. All employees of the Company are liable
for causing direct material damage, which means:
loss, deterioration or reduction in the value of property, the need for
Companies incur costs for restoration, acquisition of property
or other valuables, or make excessive payments. To direct
material damage also includes non-collection in a timely manner due to the fault of
employee's debt in favor of the Company or pass due to fault
employee of the term for collecting a penalty in the form of a fine (penalty), shortfall
sums of money and other excessive cash payments, including
additional payments to the employees of the Company.
Lost income received by the Company is not subject to compensation, as well as
damage resulting from normal operating risk.
3.2. For material damage caused, the employees of the Company may
bear limited liability or full
financial responsibility.
3.3. Limited liability in the amount
damage, but not more than the average monthly salary
employees of the Company, comes:
- in case of unintentional damage to the property of the enterprise: machine tools,
equipment, transport and loading facilities, buildings and
structures, utilities, roads, green spaces,
finished products;
- in case of damage or destruction due to negligence of materials,
raw materials, semi-finished products, products in their manufacture;
- in case of damage or destruction of tools, means of small
mechanization, measuring instruments, overalls and other items,
issued to the employee for use;
- in the event that the Company incurs damage as a result of the fact that, according to
the fault of the employee, the opportunity to receive the money due is lost
amounts, or vice versa, is forced to make excessive cash payments;
- in the event that the Company suffers losses due to the fact that it
forced to compensate for the damage caused through the fault of the employee to third
face;
- in the event that the Company has been damaged by improper
accounting of material and monetary values, non-acceptance
necessary measures to prevent downtime, release
low-quality products, theft, etc.;
- in the event that the Company suffers losses due to overspending
material and technical resources, raw materials, fuel and energy
resources, such as excessive consumption of fuel and lubricants,
electricity, solid fuel, etc.
3.4. With full financial responsibility, the employee, through the fault of
which the damage has been caused, is obliged to compensate this damage in full
volume.
3.5. Employees are fully responsible for:
- in the case when between an employee holding a position or
performing work directly related to storage,
processing, release (sale), transportation and use in the process
production of the valuables transferred to him and the Management Board of the Company concluded
a written agreement on the assumption by the employee of the full material
liability for failure to ensure the safety of property and other
valuables transferred to him for storage or for other purposes;
- in the case when property and other valuables were received
an employee against a report under a one-time power of attorney or other one-time
documents;
- in the case when the damage is caused by a shortage, intentional
destruction or deliberate damage to materials, products,
semi-finished products, finished products, as well as tools,
measuring instruments, overalls and other items issued
employee for use;
- in the event that the damage was caused not during the performance by the employee
their job duties.
3.6. The list of positions and types of work, in the performance of which
employees must conclude a written agreement on the full material
responsibility, according to the heads of departments,
3.7. With the joint (team method) performance by employees
certain types work related to storage, processing, release
(sale), transportation or use in production process,
values transferred to them, when it is impossible to distinguish between material
the responsibility of each employee and conclude an agreement with him on the full
individual liability in the Company
provides for a collective (brigade) full material
a responsibility.
3.8. The list of certain types of work, in the performance of which
employees bear collective full financial responsibility
considers and approves the Board of the Company.
3.9. Agreement on collective full liability
on the part of the employees, all members of the team (team) sign.
3.10. A team (team) whose employees carry a collective
full financial responsibility, is formed on the basis of the principle
voluntariness.
3.11. In the event that one of the employees of such a team refuses to
conclusion of an agreement on collective full material
responsibility, the head of the unit can offer him
another job corresponding to his qualifications. If such work
is absent, or the employee has refused the offer of another job, then
an employee may be offered a job in another department, and in
if there is no work there, or if the employee does not want to move to
another subdivision, the head of the subdivision has the right to put
question before the Management Board of the Company on the dismissal of an employee.
3.12. Member of the team (brigade), which is entrusted with
collective full financial responsibility, have the right to:
- participate in the acceptance of values and carry out mutual
control over the work of storage, processing, release (sale),
transportation or use in the production process of valuables;
- take part in the inventory of valuables;
- get acquainted with reports on the movement and balances of transferred
a team of values;
- declare to the administration about the withdrawal of individual members of the team,
including team leaders who, in their opinion, cannot
ensure the safety of property.
3.13. Members of the team (team, link) are required to:
- Treat values with respect and take action to
damage prevention;
- keep records of the entrusted property, timely submit
report on the movement and balances of valuables;
- Notify management in a timely manner
circumstances that threaten the safety of property.
3.14. Heads of departments are obliged to create a team
conditions necessary to ensure the complete safety of property.
3.15. The basis for attracting members of the team (team) to
liability is material damage caused
shortage of property and confirmed by the inventory list.
Bringing the team to financial responsibility should
be preceded by a thorough analysis by team members of the causes
the formation of a shortage of property, taking into account written explanations. If a
A person signs a similar document when applying for a job in an institution. It is mandatory for everyone public institutions. For a private company, this provision is provided for employees at the request of management. This document can further specify the concept, as well as explain the mechanism for collecting, calculating damages and cases of financial liability of employees (for more details on how the corresponding order is drawn up, see the article at the link). The agreement is drawn up taking into account individual features material liability specific to employees of a particular enterprise (or employers).
Regulations on the disciplinary and material liability of employees - sample 2018
Exists type specimen document provided by the document flow. It may be subject to additional provisions and changes depending on the specifics of the organization.
Important elements of the document include:
- basic data of the company and employee;
- date of conclusion;
- the amount of liability;
- additional subtleties regulating the concept;
- a list of entrusted values, for which the employee is responsible.
General provisions
In the provision on liability, the organization may include not only those persons who are directly related to material values - an accountant, supply manager. In fact, liability can also arise for any of the employees related to property and capable of causing damage.
For example, if an employee has at his disposal a computer, a table, a chair, then the provision also provides for liability for damage to them. The same provision provides for documentation - compensation for damages for work books employees, reports, etc.
Penalties for violation of labor discipline
In some organizations, the regulation may provide for additional penalties for a disciplinary offense - being late, violating the schedule of breaks, shifts, etc. In this case, the document must initially indicate the amount of material compensation that the employee will have to pay for such a misconduct. It is important to bear in mind, however, that such a breach in without fail must be documented. It is also important that the amount of penalties for the month does not exceed the earnings for this period.
Liability of employees
Initially, when hiring, any employee must sign an agreement on possible compensation for losses incurred at the enterprise. At the same time, it is important to take into account that this moment has a number of significant nuances that affect the interpretation of the concept and the further resolution of disputes:
- there is full and partial liability of the employee. In case of full, he reimburses the entire cost of the harm caused, in case of partial - a proportional ratio or an agreed part;
- only the value of what can be expressed in terms of money can be recovered.
At the same time, the damage must be clearly measured and confirmed. For example, a well-defined book value of the property:
- The employee will be responsible only for what he signed for. That is, there must be official confirmation that the thing was originally entrusted to the employee;
- the employer does not have the right to recover damages if it was due to independent circumstances - a natural disaster, or if there are other responsible persons - a security agency.
Reporting procedure
The regulation provides for a clear procedure for issuing documentation in such a situation:
- conduct an inventory or identify the fact of damage to property;
- draw up an act, if necessary, conduct an internal investigation;
- clearly calculate the damage and carry out all calculations;
- prepare a formal decision of the management on the recovery of compensation for the damage caused.
After that, the actual collection takes place.
Compensation for damage
The Labor Code (Article 248) defines all the provisions on liability, namely, on the basis of the concluded provision, the recovery of damage caused from employees. The recovery of the prescribed amount of losses occurs on the basis of a conclusion signed by all members of the joint-stock company and management.
If the amount does not exceed average salary, then the employer has the right to unilaterally recover the required amount from the salary of employees. At the same time, the provision clearly provides that the recovery of the due compensation is possible within a month from the date of signing the official act, which specifies the losses.
If the amount of damage exceeds the salary, then by agreement the employer and employee can resolve the issue of liability. In this case, a standard contract can be signed, according to which the company will provide an installment plan for a certain period - the part of the debt that is calculated monthly will be determined individually. If there is a large amount of debt that the employer cannot collect on its own, and the employee does not agree with liability, it is necessary to go to court.
"APPROVE"
CEO
_____________________
_____________________
"___"________ 201_
Regulations on the procedure for disciplinary and material liability
enterprise employees
1. GENERAL
1.1. This provision on the procedure for disciplinary and material liability has been developed in accordance with Labor Code Russian Federation, Decree of the Ministry of Labor and social development of the Russian Federation "On Approval of the Lists of Positions and Works Replaced or Performed by Employees with whom the Employer May Conclude Written Agreements on Full Individual or Collective (Team) Liability, as well as standard forms agreements on full liability" N 85 of December 31, 2002, the Charter of the enterprise, other regulatory acts and determines the procedure for applying disciplinary and material impact on violators of discipline and order.
1.2. Compliance , labor and technological discipline, job descriptions and other regulatory documents of the enterprise - a single requirement for all categories of employees.
1.3. Provisions on subdivisions developed by divisions of the enterprise in terms of the responsibility of employees are based on this provision on the procedure for disciplinary and material liability.
1.4. The heads of divisions and the General Director of the enterprise have the right to apply disciplinary sanctions.
1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working at the enterprise should be taken into account.
2. PENALTY FOR BREACH OF LABOR DISCIPLINE
2.1. The enterprise uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline.
2.2. For a one-time violation of labor discipline (being late for work, failure to comply with legal orders of the administration, violation of internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety rules, etc.), the company provides for penalties in the form of a remark declared orally by the head of the division, or a reprimand announced by order of the General Director at his own discretion or at the request of the head of the division.
2.3. The reprimand, announced by the order of the General Director, deprives the employee of receiving additional payments to wages (bonuses) for 6 months.
2.4. For a systematic violation of labor discipline, as well as the absence of an employee without a valid reason at work within four hours during the working day, being without good reason not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform work duties, refusal or evading, without good reason, a medical examination of employees if such a need arises, the employee's refusal to undergo special training during working hours and pass exams on safety and equipment operation rules; the employee's refusal to continue working due to a reduction in grade, salary or tariff for a gross violation of technological discipline by the employee, other serious violations, or based on the results of certification; appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, the following types of disciplinary sanctions may be applied to an employee of the enterprise:
- notice of dismissal;
- dismissal.
2.5. The decision to issue a warning or dismissal from the enterprise is made by the General Director of the enterprise at the request of the head of the unit. The decision to warn about dismissal or dismissal of an employee shall enter into force from the moment of its adoption.
2.6. The decision taken by the General Director of the enterprise - warning the employee about dismissal deprives the employee of receiving additional payments to wages (bonuses), including ______ percent of the bonus for the titles "Best Employee of the Enterprise", "Veteran of Labor" for a period of one year.
3. MATERIAL RESPONSIBILITY OF THE EMPLOYEES OF THE ENTERPRISE
3.1. All employees of the enterprise are liable for direct material damage, which is understood as: loss, deterioration or decrease in the value of property, the need for the enterprise to incur costs for the restoration, acquisition of property or other valuables, or to make excessive payments.
Lost income received by the enterprise, as well as damage resulting from normal production risk, are not subject to compensation.
3.2. For the material damage caused, the employees of the enterprise may bear limited liability or full liability.
3.3. Limited liability in the amount of the damage caused, but not more than the average monthly earnings of the employees of the enterprise, occurs:
- in case of unintentional damage to the property of the enterprise: machine tools, equipment, vehicles and loading facilities, buildings and structures, utilities, roads, green spaces, finished products;
- in case of damage or destruction due to negligence of materials, raw materials, semi-finished products, products during their manufacture;
- in case of damage or destruction of tools, small-scale mechanization, measuring instruments, overalls and other items issued to the employee for use;
- in the case when the enterprise suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party.
3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full.
3.5. Employees are fully responsible for:
- in the event that between the employee holding a position or performing work directly related to storage, processing, release (sale), transportation and use in the production process of the values transferred to him, and the General Director, a written agreement has been concluded on the assumption by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes;
- in the case when the property and other valuables were received by the employee on account of a one-time power of attorney or other one-time documents;
- in the case when the damage is caused by shortage, deliberate destruction or deliberate damage to materials, products, semi-finished products, finished products, as well as tools, measuring instruments, overalls and other items issued to the employee for use;
- in the event that the damage was caused not during the performance of the employee's labor duties;
- in case of causing damage in a state of alcoholic, narcotic or toxic intoxication;
- in case of damage as a result of the employee's criminal actions established by a court verdict;
- in case of damage as a result of an administrative offense, if such is established by the relevant state body;
- in case of disclosure of information constituting a legally protected secret (official, commercial or other), in cases stipulated by federal laws.
etc...
Order drafting required document by personal order.
REGULATION ON DISCIPLINARY AND MATERIAL RESPONSIBILITY OF JOINT STOCK COMPANY EMPLOYEES I. GENERAL PART 1.1. These Regulations have been developed in accordance with the Articles of Association of the Joint Stock Company, the Code of Labor Laws of the Russian Federation, other regulatory acts and determine the procedure for applying disciplinary and material impact on violators of discipline and order. 1.2. The Company uses the labor of both shareholders and employees who are not owners of shares. Compliance with internal regulations, labor and technological discipline, job descriptions and other regulatory documents of the Company is a single requirement for all categories of employees. 1.3. The Provisions on subdivisions developed by the company's subdivisions in terms of the responsibility of employees are based on this Provision. 1.4. The heads of subdivisions and the Director (General Director) of the Company shall have the right to apply disciplinary sanctions. 1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working in the Company, must be taken into account. 1.6. The Regulations are considered at a meeting of the Board of Directors (Supervisory Board) and adopted by a simple majority of votes. 2. PENALTY FOR VIOLATIONS OF LABOR DISCIPLINE 2.1. The Company uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline. 2.2. For a one-time violation of labor discipline (being late for work, failure to comply with legal orders of the administration, violation of internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety rules, etc.), the Company provides for penalties in the form of a remark announced orally by the head of the unit, or a reprimand announced by the order of the Director (General Director) at his own discretion or at the request of the head of the unit. 2.3. The reprimand, announced by the order of the Director (General Director), deprives the employee of receiving additional payments to wages specified in section 2 of the Regulations on the encouragement of employees of the Company, for 6 months, except for dividend payments. 2.4. For systematic violation of labor discipline, as well as the absence of an employee without a good reason at work within three hours during the working day, being without good reason not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform work duties, refusal or evading, without good reason, a medical examination of employees if such a need arises, the employee's refusal to undergo special training during working hours and pass exams on safety and equipment operation rules; the employee's refusal to continue working due to a reduction in grade, salary or tariff for a gross violation of technological discipline by the employee, other serious violations, or based on the results of certification; appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, the following types of disciplinary sanctions may be applied to an employee of the Company: - notice of dismissal (both for employees and for employees - owners of shares); - dismissal, incl. and workers - owners of shares. 2.5. The decision to issue a warning or dismissal from the enterprise is made by the Management Board of the Company at the request of the heads of departments. The decision to warn about the dismissal, or dismissal of the employee comes into force from the moment of its adoption. 2.6. The decision adopted by the Management Board of the Company - warning the employee about dismissal, deprives the employee of receiving additional payments to wages, including 10 percent (25 percent) of the bonus for the titles "Best Employee of the Enterprise", "Veteran of Labor" for a period of one year, except for dividends . 3. LIABILITY OF THE COMPANY'S EMPLOYEES 3.1. All employees of the Company bear material responsibility for causing direct material damage, which is understood as: loss, deterioration or decrease in the value of property, the need for the Company to incur costs for the restoration, acquisition of property or other valuables, or to make excessive payments. Direct material damage also includes non-collection of debts in favor of the Company due to the fault of the employee in a timely manner or the delay due to the fault of the employee of the deadline for collecting a penalty in the form of a fine (penalty), shortfall in cash amounts and other excessive cash payments, including additional payments to employees of the Company. Lost income received by the Company, as well as damage resulting from normal production risk, are not subject to compensation. 3.2. For the material damage caused, the employees of the Company may bear limited liability or full liability. 3.3. Limited liability in the amount of the damage caused, but not more than the average monthly earnings of the Company's employees, occurs: - in case of unintentional damage to the enterprise's property: machine tools, equipment, transport and loading facilities, buildings and structures, utilities, roads, green spaces, finished products; - in case of damage or destruction due to negligence of materials, raw materials, semi-finished products, products during their manufacture; - in case of damage or destruction of tools, small-scale mechanization, measuring instruments, overalls and other items issued to the employee for use; - in the case when the Company incurs damage as a result of the fact that through the fault of the employee the opportunity to receive the amounts due is lost, or vice versa, it is forced to make excessive cash payments; - in the case when the Company suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party; - in the event that the Company has been damaged by incorrect accounting of material and monetary values, failure to take the necessary measures to prevent downtime, production of low-quality products, theft, etc. ; - in the case when the Company suffers losses due to overspending of material and technical resources, raw materials, fuel and energy resources, for example, overspending of fuel and lubricants, electricity, solid fuel, etc. 3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full. 3.5. Employees bear full financial responsibility: - in the event that a written agreement on acceptance of himself as an employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes; - in the case when the property and other valuables were received by the employee on account of a one-time power of attorney or other one-time documents; - in the case when the damage is caused by shortage, deliberate destruction or deliberate damage to materials, products, semi-finished products, finished products, as well as tools, measuring instruments, overalls and other items issued to the employee for use; - in the event that the damage was caused not when the employee was performing his job duties. 3.6. The list of positions and types of work, in the performance of which employees must conclude a written agreement on full liability, upon the presentation of the heads of departments, is considered and approved by the Management Board of the Company. 3.7. In the joint (team method) performance by employees of certain types of work related to the storage, processing, release (sale), transportation or use in the production process of the values transferred to them, when it is impossible to distinguish between the liability of each employee and conclude an agreement with him on full individual material liability in the Company provides for collective (team) full liability. 3.8. The list of certain types of work in the performance of which employees bear collective full financial responsibility is considered and approved by the Management Board of the Company. 3.9. An agreement on collective full liability on the part of employees is signed by all members of the team (team). 3.10. The team (team), whose employees bear collective full financial responsibility, is formed on the basis of the principle of voluntariness. 3.11. In the event that one of the employees of such a team refuses to conclude an agreement on collective full liability, the head of the unit may offer him another job that matches his qualifications. If there is no such job, or the employee refused the proposed other job, then the employee may be offered a job in another division, and if there is no work there, or the employee does not want to move to another division, the head of the division has the right to raise the issue with the Management Board of the Company on the dismissal of the employee. 3.12. A member of the team (team), who are entrusted with collective full financial responsibility, have the right to: - participate in the acceptance of valuables and exercise mutual control over the work of storing, processing, dispensing (selling), transporting or using in the process of producing valuables; - take part in the inventory of valuables; - get acquainted with the reports on the movement and balances of the valuables transferred to the team; - declare to the administration about the removal of individual members of the team, including the head of the team, who, in their opinion, cannot ensure the safety of property. 3.13. Members of the team (team, link) are obliged to: - take care of the values and take measures to prevent damage; - keep records of the entrusted property, timely submit a report on the movement and balances of valuables; - promptly notify the administration of circumstances that threaten the safety of property. 3.14. Heads of subdivisions are obliged to create the conditions necessary for the team to ensure the complete safety of property. 3.15. The basis for bringing the members of the team (team) to liability is the material damage caused by the shortage of property and confirmed by the inventory sheet. Bringing the team to liability should be preceded by a thorough analysis by the members of the team of the causes of the shortage of property, taking into account written explanations. If it is proved that the damage was not caused through the fault of the team, or specific perpetrators of the damage from among the members of this team are identified, then the team as a whole is exempt from compensation for damage. 3.16. The reimbursable damage caused by the team as a whole is distributed among the members of this team in proportion to the monthly tariff rate (official salary) of employees and the time actually worked for the period from the last inventory to the day the damage was discovered according to the formula: Ni = P x Ti x Di / (Ti x Di + . .. + Tn x Dn), where P is the amount of material damage caused by the team (team, link) Joint Stock Company; Ti - monthly tariff rate or official salary i-th member of the team; Di - the number of days actually worked by the i-th member of the team for the period from the last inventory to the day the damage was discovered; Ni - part of the damage compensated to the enterprise by the i-th employee; n is the number of employees in the team. 3.17. For the release of low-quality products and the damage associated with this, the production team is collectively responsible. The team compensates for the damage from brigade earnings, and when it is distributed within the team, the fault of individual workers is taken into account. 3.18. The employees of the Company bear material liability in full amount of damage if it is caused by their actions containing signs of acts prosecuted in criminal order. The guilt of the employee in committing such actions must be established in the course of criminal proceedings. 3.19. The amount of damage caused to the Company is determined by actual losses, based on data accounting based on book value or cost material assets minus depreciation according to established norms. When acquiring property and material values at market prices, the damage is determined at market prices. 3.20. Employees of the Company who caused damage can voluntarily compensate for it. Compensation for damage is made by order of the Director (General Director) of the Company by deduction from the employee's salary. In the absence of the consent of the employee to voluntary compensation for damage, the deduction is not made and the case is referred to the court. 3.21. The sources of compensation for the damage caused are allowances due to the employee, additional payments based on the results of the quarter, dividends on shares, as well as the employee's monthly salary. 3.22. In case of repeated damage to the Company by the production team or individual worker the head of the subdivision has the right to raise a question before the Management Board of the Company on the disbandment of the production team or the dismissal of employees who allow damage to be caused.
«__________________________________»
1. General part
1.1. This provision has been developed in accordance with the charter of the company with limited liability"___________" (hereinafter referred to as the Company), the Labor Code of the Russian Federation, other regulations and determines the procedure for applying disciplinary and material impact on violators of discipline and order.
1.2. The Company uses the labor of both founders and employees. Compliance with internal regulations, labor and technological discipline, job descriptions and other regulatory documents of the Company is a single requirement for all categories of employees.
1.3. The regulations on divisions developed by the company's subdivisions in terms of the responsibility of employees are based on this provision.
1.4. The right to apply disciplinary sanctions is enjoyed by the heads of departments and the director ( CEO) Society.
1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working in the Company, must be taken into account.
1.6. The position is discussed at the meeting. labor collective and is approved by the director (general director) of the Company.
2. Penalties for violations of labor discipline
2.1. The Company uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline.
2.2. For a one-time violation of labor discipline (being late for work, failure to comply with legal orders of the administration, violation of internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety rules, etc.), the Company provides for penalties in the form of a remark announced orally by the head of the subdivision, or a reprimand announced by the order of the director (general director) at his own discretion or at the request of the head of the subdivision.
2.3. A reprimand announced by the order of the director (general director) deprives the employee of receiving additional payments to wages specified in section 2 of the regulation on encouraging employees of the Company for 6 months, except for dividend payments.
2.4. For systematic violations of labor discipline, as well as the absence of an employee without a good reason at work within three hours during the working day, being without good reason not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform work duties, refusal or evading, without good reason, a medical examination of employees if such a need arises, the employee's refusal to undergo special training during working hours and pass exams on safety and equipment operation rules; the employee's refusal to continue working due to a reduction in grade, salary or tariff, for a gross violation of technological discipline by the employee, other serious violations, or based on the results of certification; appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, the following types of disciplinary sanctions may be applied to an employee of the Company:
Termination notice (for both employees and founding employees);
Dismissal, including employees-founders.
2.5. The decision to issue a warning or dismissal from the enterprise is made by the director (general director) of the Company. The decision to warn about dismissal or dismissal of an employee shall enter into force from the moment of its adoption.
2.6. The decision taken by the Board of the Company - warning the employee about dismissal deprives the employee of receiving additional payments to wages, including ____ % (____ %) of the bonus for the title of "Best Employee of the Enterprise" for a period of one year.
3. Liability of the Company's employees
3.1. All employees of the Company bear material responsibility for causing direct material damage, which means:
Loss of material values;
Deterioration or decrease in the value of property;
The need for the Company to incur restoration costs; acquisition of property or other valuables or make excessive payments.
Direct property damage also includes:
Non-collection of debts in favor of the Company in a timely manner due to the fault of the employee;
Missing due to the fault of the employee the deadline for collecting a penalty in the form of a fine (penalty);
Shortage of cash amounts and other excessive cash payments, including additional payments to the Company's employees.
Lost income received by the Company, as well as damage resulting from normal production risk, are not subject to compensation.
3.2. For material damage caused, the Company's employees may bear limited liability or full liability.
3.3. Limited liability in the amount of the damage caused, but not more than the average monthly salary of the Company's employees, occurs:
In case of unintentional damage to the property of the enterprise: equipment, utilities, finished products;
In case of damage or destruction due to negligence of materials, raw materials;
In case of damage or destruction of tools, overalls and other items issued to the employee for use;
In the event that the Company incurs damage as a result of the fact that through the fault of the employee the opportunity to receive the amounts due is lost, or vice versa, it is forced to make excessive cash payments;
In the event that the Company suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party;
In the event that the Company has been damaged by incorrect accounting of material and monetary values, the provision of poor-quality services, theft, etc.;
In the event that the Company suffers losses due to overspending Supplies, raw materials, etc.
3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full.
3.5. Employees are fully responsible for:
In the event that between the employee holding a position or performing work directly related to the storage, release (sale) and use in the process of providing services of the values transferred to him, and the administration of the Company, a written agreement has been concluded on the assumption by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes;
In the event that property and other valuables were received by the employee against a report under a one-time power of attorney or other one-time documents;
In the event that the damage is caused by shortage, deliberate destruction or deliberate damage to materials, as well as tools, overalls and other items issued to the employee for use;
In the event that the damage was caused not during the performance of the employee's labor duties.
3.6. The list of positions and types of work, in the performance of which employees must conclude a written agreement on full liability, is reviewed and approved by the Director of the Company.
3.7. In the joint (team method) provision by employees of services related to the use of the values transferred to them in the production process, when it is impossible to distinguish between the liability of each employee and conclude an agreement with him on full individual liability, the Company provides for collective (team) full liability.
3.8. The list of certain types of work, in the performance of which the employees bear collective full financial responsibility, is reviewed and approved by the Director of the Company.
3.9. An agreement on collective full liability on the part of employees is signed by all members of the team (team).
3.10. The team (team), whose employees bear collective full financial responsibility, is formed on the basis of the principle of voluntariness.
3.11. In the event that one of the employees of such a team refuses to conclude an agreement on collective full liability, the head of the unit may offer him another job that matches his qualifications. If there is no such job or the employee refused the proposed other job, then the employee may be offered a job in another division, and if there is no work there or the employee does not want to move to another division, the director has the right to raise the issue of dismissing the employee.
3.12. Members of the collective (team), who are entrusted with collective full financial responsibility, have the right to:
Participate in the acceptance of valuables and exercise mutual control over the work of storing, selling or using valuables in the process of providing services;
Participate in the inventory of valuables;
Get acquainted with reports on the movement and balances of valuables transferred to the team;
To declare to the administration about the removal of individual members of the team, including the head of the team, who, in their opinion, cannot ensure the safety of property.
3.13. Members of the team (team, link) are required to:
Treat valuables with care and take measures to prevent damage;
Keep records of the entrusted property, timely submit a report on the movement and balances of valuables;
Timely notify the administration of circumstances that threaten the safety of property.
3.14. Heads of subdivisions are obliged to create the conditions necessary for the team to ensure the complete safety of property.
3.15. The basis for bringing the members of the team (team) to liability is the material damage caused by the shortage of property and confirmed by the inventory sheet. Bringing the team to liability should be preceded by a thorough analysis by the members of the team of the causes of the shortage of property, taking into account written explanations. If it is proved that the damage was not caused through the fault of the team, or specific perpetrators of the damage from among the members of this team are identified, then the team as a whole is exempt from compensation for damage.
3.16. The reimbursable damage caused by the team as a whole is distributed among the members of this team in proportion to the monthly tariff rate (official salary) of employees and the time actually worked for the period from the last inventory to the day the damage was discovered according to the formula:
Ni \u003d P xTi x Di / (Ti x Di + ... + TN x DN),
where P is the amount of material damage caused by the team (team, link) to the Company;
Ti - monthly tariff rate or official salary of the i-th member of the team;
Di is the number of actually worked i days a member of the team for the period from the last inventory to the day the damage was discovered;
Ni is the part of the damage compensated enterprise i an employee;
N is the number of employees in the team.
3.17. The production team bears collective responsibility for the provision of poor quality services and the resulting damage. The team compensates for the damage from brigade earnings, and when it is distributed within the team, the fault of individual workers is taken into account.
3.18. The employees of the Company bear material liability in full amount of damage if it is caused by their actions containing signs of acts prosecuted in criminal order. The guilt of the employee in committing such actions must be established in the course of criminal proceedings.
3.19. The amount of damage caused to the Company is determined based on actual losses, on the basis of accounting data, based on the book value or prime cost of material assets minus depreciation according to established standards. When acquiring property and material values at market prices, the damage is determined at market prices.
