home Exchange rates An external part-time worker may be a financially responsible person. In public institutions

An external part-time worker may be a financially responsible person. In public institutions

Can an external part-time job be accepted for the position of a storekeeper, for 2 hours of work per day. Is it possible to conclude an agreement on full individual liability with such an employee? And can such an employee (external part-time worker) be a financially responsible person.

The legislation does not contain restrictions on hiring an external part-time job as a storekeeper. The organization has the right to conclude an agreement on liability with the storekeeper. An employee working in an organization under an employment contract may be a financially responsible person.

The rationale for this position is given below in the materials of the System Glavbukh

If a future work an employee is associated with the maintenance of material assets (money, goods), with him, when hiring, you can conclude an agreement on liability. *

Types of liability

By general rule, in force in labor legislation, for the damage caused to the organization, the employee bears limited liability - only within the limits of his average monthly earnings (). In this case, the recovery of the amount of damage caused from the guilty employee is carried out by order of the head. The recovery order must be made no later than one month from the date of the final determination of the amount of damage caused by the employee. If this period has expired, you will have to recover the damage through the court. * This procedure is provided in Labor Code RF.

When Responsibility Arises

Liability will arise only if the employee is at fault for causing damage. * If the employee caused damage under force majeure circumstances (fire, flood, other natural disaster), his liability is excluded. He will not be found guilty even if he caused damage to the property of the organization, using it for necessary self-defense. This is stated in the Labor Code of the Russian Federation. To establish the causes of damage, ask the employee for an explanation in writing(Article 247 of the Labor Code of the Russian Federation). If the employee refuses to give an explanation, draw up an act of refusal.

With whom is a full liability agreement possible?

Agreements on full liability can be concluded not with all employees, but only with those who: *

directly serve or use money (goods) or other property belonging to the organization;
have reached the age of 18;
their position or work is among those that allow the conclusion of such an agreement.

The chief accountant advises: in the employment contract with the employee who will serve the material assets, stipulate the condition that he bears full financial responsibility on the basis of the relevant contract. This will help to avoid trouble in the future if the employee refuses to sign an agreement on full liability. If he agreed to such a condition when hiring, he is simply obliged to sign the contract itself.

Refusal to conclude such an agreement should be considered as non-fulfillment of labor duties. What might follow disciplinary action until dismissal (). This point of view is confirmed in paragraph 36 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

An example of concluding an agreement on full individual responsibility

P.A. Bespalov was accepted into the organization as a storekeeper.

Storekeepers are financially responsible employees (Appendix 1 to the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85). Therefore, an agreement was concluded with Bespalov on full individual liability. In addition, the condition on the full liability of the employee is provided for in the employment contract concluded with him. *

N.Z. Kovyazin

deputy director of the department wages, labor protection and social partnership Ministry of Health and Social Development of Russia

In case of part-time work, the employee, in his spare time from his main job, performs other work under a separate employment contract (part 1 of article 282 of the Labor Code of the Russian Federation). Part-time work can be done both at the place of the main job (internal part-time worker), and in other organizations (external part-time worker) * (part 3 of article 282 of the Labor Code of the Russian Federation).

The legislation does not limit the number of part-time jobs. That is, an employee is allowed to conclude employment contracts for part-time employment with any number of organizations. This is stated in part 2 of article 282 of the Labor Code of the Russian Federation.

Who cannot be accepted concurrently

Some citizens cannot be hired part-time. These include, in particular: *

minors();
citizens who are employed with harmful and (or) hazardous conditions labor, if their main job is related to the same conditions ();
prosecutors (except for teaching, scientific and creative activities) (paragraph 5 of article 4 of the Law of January 17, 1992 No. 2202-1);
citizens who are hired for work related to driving vehicles or traffic control Vehicle if at their main place of work they perform the same labor duties (part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions to which this restriction applies is approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16;
judges (except for teaching, scientific and creative activities) ().

If the organization mistakenly hires an employee who is forbidden to work part-time, he will have to be fired under Article 77 of the Labor Code of the Russian Federation (as a violation of the rules for concluding an employment contract, excluding the continuation of work).

Documenting

When hiring an external part-time job, require:

passport or other identity document;
document on education (its copy) (when applying for a job requiring special knowledge);
a certificate of the nature and working conditions at the main place of work (when hiring for hard work, work with harmful and (or) dangerous working conditions).

Such a list of documents is established in the Labor Code of the Russian Federation.

An external part-time worker should not provide a work book (part 3 of article 65 of the Labor Code of the Russian Federation). At the request of the employee, information about part-time work can be entered in the work book at the place of the main job (part 5 of article 66 of the Labor Code of the Russian Federation). To do this, provide the employee with a document confirming part-time work. What kind of document this is, the Labor Code of the Russian Federation does not define. Therefore, it can be any labor contract, certificate, copy or extract from the order for employment, etc.), provided that it contains the necessary information.

When hiring a part-time job (both internal and external), conclude a separate employment contract with him. In it, be sure to indicate that the work he performs is a part-time job. * This is stated in the Labor Code of the Russian Federation. Otherwise, the same requirements apply to an employment contract with a part-time job as to contracts concluded at the main place of work (Chapter 10 of the Labor Code of the Russian Federation).

After the employment contract is concluded, issue an order for employment according to unified form No. T-1 or Download forms

We plan to apply for the position of supply manager of a part-time employee. This position implies financial responsibility, can we appoint a part-time employee as a financially responsible person?

Answer

Answer to the question:

Yes, you can. The law does not establish a ban or restriction on part-time work, if the position establishes liability.

Minors (part 5 of article 282 of the Labor Code of the Russian Federation);

Citizens who are hired with harmful or dangerous working conditions, if their main job is related to the same conditions (part 5 of article 282 of the Labor Code of the Russian Federation);

Citizens who are hired to work related to driving or driving vehicles, if they perform the same labor duties at their main place of work (part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions to which this restriction applies is approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16;

Employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Central Bank of the Russian Federation (Article 90 of Law No. 86-FZ of July 10, 2002);

State civil and municipal employees (Article 17 of the Law of July 27, 2004 No. 79-FZ, Article 14 of the Law of March 2, 2007 No. 25-FZ);

Military personnel, except for teaching, scientific and other creative activity(clause 7, article 10 of the Law of May 27, 1998 No. 76-FZ);

Security guards in relation to public service and paid work in public associations (Article 12 of the Law of March 11, 1992 No. 2487-1);

Persons in command and employees of the federal courier communications, employees of the personnel of the bodies of the Foreign Intelligence Service of Russia, employees of the Federal Security Service of Russia, except for teaching, scientific and other creative activities (part 5 of article 9 of the Law of December 17, 1994 No. 67-FZ, part 5 article 18 of the Law of January 10, 1996 No. 5-FZ, part 6 of article 16.1 of the Law of April 3, 1995 No. 40-FZ);

Judges, employees of the prosecutor's office, lawyers, except for teaching, scientific and other creative activities (paragraph 3 of article 3 of the Law of June 26, 1992 No. 3132-1, paragraph 5 of article 4 of the Law of January 17, 1992 No. 2202 -1, clause 1, article 2 of the Law of May 31, 2002 No. 63-FZ);

Members of the Government of the Russian Federation, except for teaching, scientific and other creative activities (Article 11 of the Law of December 17, 1997 No. 2-FKZ).

Heads of organizations have the right to work part-time only with the permission of the authorized body legal entity or the owner of the property of the organization or a person or body authorized by the owner (part 1 of article 276 of the Labor Code of the Russian Federation).

The Law does not establish other prohibitions or restrictions on part-time work.

Directly serve or use money (goods) or other property belonging to the organization;

Have reached the age of 18;

Their position or work is classified as one that allows the conclusion of such an agreement.

The list of positions and works with which it is possible to conclude written agreements on full liability is approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. December 2002 No. 85, unlawfully.

Details in the materials of the System Personnel:

Which citizens are prohibited from working part-time

Nina Kovyazina,

Situation:How to apply for a part-time job
- juvenile();
- citizens who are hired to work related to driving vehicles or driving traffic, if they perform the same labor duties at their main place of work (). positions and professions to which this restriction applies, approved;
- employees of the Bank of Russia holding positions, the list of which is approved by the board of directors of the Central Bank of the Russian Federation ();
- state civil and municipal employees ( , );
- security guards in relation to public service and paid work in public associations ();
- persons in command and employees of the federal courier communications, employees of the personnel of the bodies of the Foreign Intelligence Service of Russia, employees of the FSB of Russia, except for teaching, scientific and other creative activities (,);
- judges, employees of the prosecutor's office, lawyers, except for teaching, scientific and other creative activities (,);
- members of the Government of the Russian Federation, except for teaching, scientific and other creative activities ().
- leaders unitary enterprises is not entitled to work part-time, except for teaching, scientific and other creative activities ();
- heads of security companies are not entitled to be in the public service and perform paid work in public associations ();
- rectors educational organizations not entitled to combine the positions of president of educational organizations higher education ().
Situation:How to conclude an agreement on full liability

With which employees can I conclude an agreement on full liability

Agreements on full liability can be concluded not with all employees, but only with those who:

directly serve or use money (goods) or other property belonging to the organization;
have reached the age of 18;

their position or work is among those that allow the conclusion of such an agreement.

It is unlawful to conclude agreements on full liability with employees whose positions are not provided for by the approved one. A similar position is taken by the courts (see, for example, appeal rulings
and ).

Attention: With the head of the organization, his deputies and the chief accountant, conclude a separate agreement on full liability (Art., Labor Code of the Russian Federation).

Tip: In the employment contract with the employee who will serve the material assets, stipulate the condition that he bears full financial responsibility on the basis of the relevant contract. This will help to avoid trouble in the future if the employee refuses to sign an agreement on full liability. If he agreed to such a condition when hiring, he is simply obliged to sign the contract itself.

Refusal to conclude such an agreement should be considered as non-fulfillment of labor duties. What can be followed by (). This point of view is confirmed in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

An example of concluding an agreement on full individual responsibility

P.A. Bespalov was accepted into the organization as a storekeeper.

Storekeepers are financially responsible employees (to). Therefore, it was concluded with Bespalov. In addition, the condition on the full liability of the employee is provided for in the agreement concluded with him.

Question from practice: Is it possible to conclude one contract on liability for two positions. The employee is hired for the main job as a seller and as a part-time cashier

No.

Written agreements on full individual or collective (team) liability can be concluded with employees who have reached the age of 18 and directly service or use monetary, commodity values or other property (). The basis for concluding an agreement on full liability is the performance of certain types of work or the replacement of certain positions related to the direct maintenance or use by an employee of monetary, commodity values or other property (,).

The Labor Code of the Russian Federation does not contain restrictions on the number of contracts on full individual liability that can be concluded with one employee. This is due to the fact that, as a general rule, bringing an employee to liability is possible only in the event of damage caused to the employer as a result of the guilty unlawful behavior (action or inaction) of the employee in the performance of a specific labor function(). For example, if an employee has concluded an agreement on full individual liability for the main position, then in accordance with this agreement it is impossible to oblige the employee to compensate for the damage caused during the performance of the labor function under an internal part-time agreement in full. In addition, an agreement on full responsibility was approved. In this agreement, the parties indicate the name of the position of the employee. In this regard, if an employee is hired internally to another position, then, if necessary and there are grounds for this, a separate (second) agreement on full individual liability for this position should be concluded.

Thus, an agreement on full individual liability (if there are grounds for this) must be concluded separately for each position occupied by the employee (both for the main job and for internal part-time work).

Nina Kovyazina,

Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia

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The employee works in two positions, both positions (both the main one and the internal part-time job) are provided for by the List of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property, approved by the Decree of the Ministry of Labor of the Russian Federation dated 31.12.2002 N 85. It is supposed to conclude an agreement on full individual liability with an employee in both positions.
Is it possible?

After considering the issue, we came to the following conclusion:
An agreement on full individual liability must be concluded separately for each position occupied by the employee (both for the main and internal part-time jobs).

Rationale for the conclusion:
According to the first part of Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability may be concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property. In accordance with the second part of Art. 244 of the Labor Code of the Russian Federation, by Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85, the List of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual liability for the shortage of entrusted property (hereinafter - the List) was approved. The named List is exhaustive and is not subject to broad interpretation (see the letter of Rostrud dated 10/19/2006 N 1746-6-1).
Thus, the basis for concluding an agreement on full liability is the performance of certain types of work or the replacement of certain positions related to the direct servicing or use of monetary, commodity values or other property by the specified person.
There are no restrictions on the number of contracts on full individual liability that can be concluded with one employee in the legislation. This is due to the fact that, as a general rule, bringing an employee to liability is possible only in the event of damage caused to the employer as a result of the guilty unlawful behavior (action or inaction) of the employee within the framework of a specific labor function (Article 233 of the Labor Code of the Russian Federation). In other words, if an employee, for example, has concluded an agreement on full individual liability for the main position, then in accordance with this agreement it is impossible to oblige the employee to compensate for the full amount of damage caused when performing a labor function under an internal part-time agreement. The list contains type form agreements on full individual liability. This contract indicates the name of the position of the employee. Accordingly, since the employee is taken on an internal part-time job in another position, another (second) agreement on full individual liability must be concluded.
Thus, since the question indicates that both positions are provided for by the List, an agreement on full individual liability must be concluded separately for each position occupied by the employee (both for the main and internal part-time jobs).

Prepared answer:
Legal Consulting Service Expert GARANT
Troshina Tatiana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

241 of the Labor Code of the Russian Federation). However, some categories of workers have access to such employer resources ( cash, property, material values), which can cause very serious damage to it. Such employees are subject to the rules of full liability, which is not limited to their monthly salary.

The Labor Code stipulates that it is possible to conclude an agreement on material liability with employees over 18 years of age who directly serve or use monetary, commodity values or other property of the employer.

General provisions on part-time work

It is not allowed to work part-time for persons under the age of eighteen, for hard work, with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established federal laws.

When hiring for a part-time job in another organization, the employee is required to present the employer with a passport or other identification document.

Each employee, including those who work part-time, is liable for the values entrusted to him. A part-time job is understood as the performance by an employee, in addition to the main one, of other regular paid work on the terms of an employment contract in his free time from his main job. From this definition it follows characteristics part-time jobs: 1) work is carried out under another (besides the main) employment contract; 2) the work is performed outside the working hours of the main contract.

Companionship and liability

234 of the Labor Code of the Russian Federation);

In case of violation by the employer of the established deadline for the payment of wages, vacation pay, payments upon dismissal and other payments due to the employee (Article 236 of the Labor Code of the Russian Federation);

You can read more about the liability of the parties to an employment contract in the book, ed. G.Yu. Kasyanova "Responsibility of the employee and the employer."

Compatibility and combination

Internal part-time employment is possible if the same employer has vacancies;

Earlier work on conditions internal combination allowed only in another profession, specialty or position. Now there are no such restrictions. The norm of Article 60.1 of the Labor Code of the Russian Federation gives the employee the right to conclude employment contracts on the performance of other regular paid work in his free time from his main job, without specifying that this work should be in a different profession, specialty or position.

Combination or combination: what is more profitable to arrange

Having verbally agreed on the nuances with the employee, he draws up a memo addressed to the head of the company. If he doesn't mind, personnel service prepares a number of documents. If the possibility of increasing the load was not stipulated in the employment contract, an additional agreement must be drawn up (Article 72 of the Labor Code of the Russian Federation). On the basis of it, an order is drawn up, by signing which, the employee gives his consent to combine professions.

The initiator of part-time work is the employee: he submits a corresponding application to the employer.

Combination and part-time: what is the difference between them?

All relationships with the employee must be carried out without violation labor law and are based on the principle of hiring. The combination implies that the employee performs the functions of an additional labor activity at his place of work and during the prescribed regular work shift. No one releases him from performing the duties of his main job. To agree on terms additional work an employment contract is not additionally concluded.

Combination, liability

How to be? I would like to see orders of this nature in examples, especially when the leader is a little "letter-eater", arbitrary orders in examples, they help a lot to motivate this or that document when it is published.

Let's take it in order. The answer to one of your questions is contained in paragraph 18. Resolutions of the Plenum Supreme Court RF dated March 17, 2004