Wage deduction order for damages. Withholding accountable amounts from wages - get ready, debtors

garden equipment 13.10.2019
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Often there are difficulties in calculating the RFP, which relate to certain deductions of the non-standard plan. Withholding a part of the employee's salary is carried out solely on the basis of an order that is drawn up and signed by the head. HR specialists are required to verify the data on all types of deductions, given that the law allows them to be done only in a number of certain cases. The thing is that if they do not have a legal basis, then not only the head of the enterprise, but also ordinary employees who are responsible for calculating the payment can be punished. To avoid such troubles, you need to study the nuances of the possibilities of deductions from the RFP, as well as clearly know in what situations such actions would be illegal.

It should immediately be noted that deductions from the RFP are made on the basis of federal legislation and on the basis of the labor code. Regional authorities do not have the right to create laws that could have an impact on this issue.

The employer cannot establish a list of reasons that relate to the issue of deductions. Accordingly, certain types of deductions from the employee's salary will be illegal. For example, smoking in the wrong place is a kind of violation that creates the need to collect a fine. However, the employer does not have the right to calculate this fine.

The law provides for the possibility of deductions at the request of the employee. The employee draws up an application with a request to collect certain deductions from his wages, provides Required documents for enumerations. Management-initiated payments can also be assigned, and there is such a thing as mandatory deductions.

All deductions can be deducted solely on the basis of the order of the head. At the same time, in without fail a clearly established structure for drawing up an order is observed, and the employer is obliged to adhere to the allowable limits on deductions.

There are certain payments that are considered mandatory. The recovery process is based on the activities of third parties. For example, a certain amount of funds is systematically withdrawn from an employee to state structures. AT this case the employer acts as a tax agent or an intermediary who makes all the necessary transfers and draws up reporting documents:

  • Tax deductions are considered to be mandatory deductions from the salary of employees. The employer is guided by tax regulations in order to carry out correct calculations relevant amounts, as well as withholding tax payments from all employees at clearly defined intervals. The salary is calculated taking into account a number of payments, as well as taking into account the salary. After that, tax is deducted from the amount received;
  • Also, mandatory payments include payments on writ of execution. These can be child support payments, certain acts on administrative violations, etc. Accordingly, funds are withdrawn by court decisions, but such deductions can only be made if there is an appropriate document, a sheet of an executive type.

For payments that relate to writ of execution, the employer does not draw up an order. It also does not require the consent of the employee. The head is guided in this case by a sheet of executive type, and makes deductions within the allowable limits.

In order to make a deduction from an employee on a writ of execution, you must provide this document manager to obtain grounds for deductions. In addition to a sheet of executive type, the employer may receive a court order, which will clearly define all the data regarding certain needs for the transfer of funds in a particular case. Also, the alimony agreement is the basis for subsequent cash payments from the employee's RFP to the account of the other parent who is raising the child.

Immediately with the accrued RFP, the amount of personal income tax is counted. The tax plays an important role in the process of forming other deductions. Since the rest of the amounts will be calculated from the difference between the calculated amount of income and the amount of personal income tax. There are other, mandatory payments, which include payments for health insurance, as well as payments to the pension fund. All payments are made by the employer. The law establishes interest rates for a particular type of payment. The employer must make the appropriate calculations, and also draws up reporting documentation and transfers funds to the budget.

The employee has the right to draw up an application, which will indicate a kind of request for the transfer of funds for certain needs. The desire of the employee is a specific order to make regular payments, moreover, any amount can be indicated. The manager does not need to focus on the norms of legislation on maximum deductions. The purpose of payments can also be almost any.

Nowadays, most often payments are made to insurance funds and to the accounts of credit organizations. The employee, having issued a loan, for the purpose of quick repayment, draws up an application addressed to the employer indicating the desire to make regular deductions to a clearly defined account. The amount of deductions is also indicated by the employee himself. Also, payments can be made to charitable funds, as payments to the trade union, etc.

Exist certain rules, which determine the ability to withhold funds at the request of the employee. So, the employer has the right to make such transfers on the basis of the employee's application, but at the same time, the obligation to perform these actions is not fixed. The employee has the right to indicate clearly defined sources of income from which funds will be transferred. For example, indicate that all payments are made from the received bonus, compensation, etc. When applying, you need to take into account that certain commissions should be paid to the bank for the transfer of funds. And these commissions should be taken into account by the employee, since the employer is not obliged to pay them from his own pocket.

Withholding from the employer

The employer also has the right to make certain deductions from the employee's salary:

  1. Compensation for an advance that has not been worked out. Today, employers must pay the salary by providing an advance payment and the final amount. In fact, the division of wages into parts is being formed, since the law establishes the need for wages at least once every two weeks. The essence of the advance is that it is issued in advance, two weeks before the moment when the process of issuing the main salary is carried out. Employers do not always take vacations into account, and there is also no possibility of taking into account vacations without pay, respectively, the subsequent hours worked may not cover the previously issued advance payment. In order to compensate for the losses that are formed in this way, the employer is obliged to draw up an order, on the basis of which the process of withholding a part of the RFP will be carried out;
  2. In addition, the employer can carry out the procedure for the actual recovery of the advance, which was issued to reimburse the costs associated directly with a business trip or work in another area. When an employee is sent on a business trip, he receives a certain amount of funds in the cash desk of the enterprise. After finishing work, he is obliged to provide documents that reflect all his financial losses. If the amount of funds determined by documents is less than the amount that was actually received by the employee to fulfill professional obligations, then it becomes possible to legally withhold this amount from the subsequent accrued RFP. However, many enterprises establish a rule that determines the possibility of returning the excess amount of the advance in cash. The employee comes from a business trip, submits all the reports, after which he returns the funds that turned out to be excessively issued. If the employee does not perform such actions, the funds will be calculated from his salary. The employer is obliged to draw up a special order to withhold deductions;
  3. The employer may impose a fine due to the fact that the employee refuses to perform functional or official duties. Holds are also possible, which are associated with the occurrence of counting errors. In all cases, counting errors are reimbursed from the employee's salary on legal grounds. For example, if an employee was erroneously credited with a more substantial salary, or additional payments, then in this case the deduction will be equal to the counting error. When an employee violates professional and functional obligations, a fine may also be imposed. In such situations, the employer draws up an order. The absence of an order forms the inability to retain an employee from the RFP. All the circumstances of the situation are described quite clearly and accurately;
  4. Withholding is formed for unworked vacation days. In the event that the employer terminates the employment contract, and all vacation-type payments have already been made by the employer, the possibility of making deductions is established. But, in certain cases, such a refund will not be possible. For example, in the event that an employee is called up for military service, if we are talking about the reduction of an employee, or if the process of liquidating an enterprise is being carried out;
  5. It should also be noted the possibility of deductions, which are formed due to material damage. There are persons who bear financial responsibility, and in the event of a situation where an employee violates his authority, the employer can use the structure of deductions that relate to material damage. How do you understand prerequisite payments is considered to be the drawing up of an order that forms detailed description the nuances of subsequent deductions from the employee's salary.

There are many options for deductions that can be formed based on the order of the employer. An appropriate document is necessarily drawn up, the need to describe all the nuances of the situation is formed. If the employer does not process the return of material damage within a month, since the salary of the employee is not enough to recover, then it is possible to file an application with the court, after which the compensation will be carried out by obtaining a court decision. In most cases, liability is very significant, and you have to go to court. The court issues an order or a writ of execution, after which all the necessary payments are formed within the established amount from each employee's salary. There is no need to draw up a separate order for each deduction, since the sheet of the executive type will be the basis.

Liability of a material type arises if the fact of improper actions that caused violations that led to material losses is revealed. In such a situation, the employer must draw up an order, indicate the reason for the recovery, indicate what damage was caused to the property, indicate the responsible person. If it is found that there is no relationship with the actions of the employee and the consequences in the form of material damage, then it will be impossible to carry out the retention process. The perpetrator can also challenge this fact by providing evidence that he has nothing to do with the consequences that have arisen. The employer also cannot withhold funds without any reason to do so.

The employer can form payments not only for the amount of damage incurred, but also to demand compensation for the amount that is necessary to eliminate the inflicted actions. The employee is obliged to draw up a written explanation of the fact that has arisen. If the employee does not agree with the actions of the employer, he has the right to file a special application with the court to challenge the actions of his supervisor. When an employee refuses to draw up a written explanation, the manager can draw up an act confirming this or that fact. The act must be signed by two other employees who will actually act as witnesses in this case.

By order of the head, a refund can be made if the employee has drawn up an explanation and agrees with the punishment provided to him. If the document is drawn up within a month from the moment when this damage was discovered, and also if the total amount does not exceed the RFP.

Before you draw up a document for retention, an audit is made, after which the fact of shortfall is recorded. In the case when it comes to products, the possibility is formed for the employee to pay for the shortfall, taking into account the production price, and not the selling price. All employees from whom the recovery is carried out must sign the order. There are situations of excessive consumption of fuel and lubricants, when an employee uses a car for non-work purposes. A document is drawn up that determines the excessive overrun of such materials, route sheets are attached to such documents. An order is formed, which is signed by the employee.

The law establishes that a medical examination of employees is systematically carried out. All employees pass it at the expense of the employer. Management transfers funds to the accounts of a medical institution where employees undergo medical examinations. If the employee does not work for six months from the date of this inspection, it is possible to recover from him the amount that the employer spent on passing the inspection.

  1. At the top of the document, you must indicate the name of the organization in which the order is issued. This is followed by the name of the document - an order, and the number that is assigned to the document in accordance with the parameters of internal fixing of correspondence is indicated;
  2. The date of the order is indicated, as well as the city in which the enterprise is located. Be sure to indicate the direction of the order - on deduction from the RFP, indicate the position and full name of the person from whom the deductions are collected. The exact amount is indicated;
  3. An explanation follows. For example, the date is indicated when, during the inventory or audit, certain options for shortfalls for a clearly defined amount of funds were discovered. Specifies the date of the previous inventory. This is followed by an indication that an independent appraiser has set the amount of the shortfall. Appraisal data is attached. An indication is formed of who exactly is guilty of the shortfall in the opinion of the experts who conducted the assessment. The opinion of the guilty person on this issue is also indicated. For example, the guilty person fully admits the fact of involvement, and indicates that he agrees to voluntarily pay the established amount;
  4. The final decision is indicated. For example, for unsatisfactory performance of previously assigned duties, draw up a reprimand to a person who is found guilty of forming a shortfall. To carry out deductions in a clearly defined amount, to establish the structure of deductions in accordance with the established norms of the law;
  5. The document also contains in its composition an indication of the person who should control the process of execution of the drawn up order, the director's signature is also put, and the signature of the employee to whom the order is issued.

The law establishes a number of rules that determine the inability to deduct funds from the amount that is provided as compensation for damage to health. Also, the employer cannot make deductions from the amounts that are provided to the employee as compensation for injuries received.

Payments are not made from those funds that are transferred as personal income tax, insurance and pension payments, medical insurance payments. In other words, the deduction of all funds that are due government agencies, after which, the remaining deductions will be calculated from the balance of the amount. Payments must be formed by order or writ of execution. If an employee receives compensation for an unused sanatorium voucher, then the employer cannot make any deductions from these payments.

How is the PO withheld?

  • Initially, funds of all types of payments to the employee are accrued. A full-fledged amount of the RFP is formed, and in the settlement documents that are issued to the employee, all types of payments accrued at the enterprise are indicated;
  • From received total amount The RFP deducts the amount of funds that are used to pay off the tax. Payments are made to insurance funds, etc.;
  • From the amount received, carried out different kinds deductions. The employee receives the rest of the amount.

All types of payments, accruals and deductions must be recorded in settlement documents.

For example. The employee was credited with a salary in the amount of 10,000 rubles, a bonus - 2,000 rubles, compensation for the length of service - 3,000 rubles, resulting in an amount of 15,000 rubles - the full-fledged earnings of the employee. For contributions to state funds an amount of 3,000 rubles is withheld. It turns out the balance in the amount of 12,000 rubles, the amount of deductions under the writ of execution is 2,000 rubles. This means that the employee will receive only 10,000 rubles in his hands. At the same time, all data on accrued wages, bonuses, compensations and deductions - deductions must be clearly stated in the settlement document. Deductions are possible if there is an order from the head, drawn up in accordance with the norms of the law, or on the basis of a court order, an executive type sheet.

conclusions

Withholdings must be documented, otherwise they will be illegal and unreasonable. Basically, deductions from the wages of employees are made in the form of taxes, social payments, and medical insurance. These are standard and mandatory deductions, which are formed on the basis of federal laws and labor code norms. Deductions for court decisions are possible only if there is a sheet of enforcement type, a court decision. Also, deductions can be made on the basis of decisions of bailiffs, and on the basis of an act of execution of administrative penalties. In any case, there must be grounds for deductions.

When forming payments that are provoked by the desire of the employee, you will need to provide an application that clearly defines the amount and term of transfers. The employer must draw up an order based on the application. The justification will be the statement of the employee. Deductions at the initiative of the employer are possible on the basis of an order in which all the nuances of the violation by the employee are clearly defined, as well as on the basis of the written consent of the employee. In some cases, the employer will have to file an application for the forced collection of funds through the courts.

An order to withhold funds from wages is a fundamentally important document in the interaction between an employee and an employer. The employer has a month to sign it. Subsequent encroachments on the reduction of the employee's salary will not fit into the framework of existing legislation.

FILES 2 files

Normative documents on the regulation of deductions from wages

Russian legislation strictly regulates official deductions from the wages of employees:

  • types of deductions are described in the Tax Code of the Russian Federation (mandatory are taxes, at the initiative of employers and at the will of the employee himself);
  • how the enforcement proceedings are carried out, is stated in the Federal Law No. 229 of October 02, 2007;
  • salary accruals, according to which the amount of alimony payments is calculated, are specified in Government Decree No. 841 of August 18, 1996.
  • the procedure for withholding alimony, transferring compensation for harm to health, for the loss of a breadwinner - these payments, withheld solely by a court decision, are regulated by Art. 138 of the Labor Code of the Russian Federation, paragraph 3 of Art. 99 of the Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ;
  • deductions on unworked days of vacation, excessively issued advance payment, results of counting errors -
  • deductions for unworked days of vacation, excessively issued advance payment, results of counting errors - Art. 137 of the Labor Code of the Russian Federation;
  • voluntary deductions from salaries at the request of the employee, their size is not limited, regulates the Letter of Rostrud dated September 26, 2012 No. PR / 7156-6-1.

In what cases is it possible to deduct money from wages

Labor law clearly lists the cases in which the employer has the right to withhold funds:

  • At the initiative of the employee.
  • The employee did not actually work those cash received. Most companies have adopted an advance payroll system, and this is one of the unpleasant consequences to which it may lead.
  • A business trip or relocation of an employee was planned (with the allocation of a budget), but it did not take place.
  • If the enterprise has established production standards, but the employee has not complied with them.
  • If the fault of the employee is that in accounting documents there was an error in favor of increasing the funds allocated for his wages.
  • If the working year was not finalized due to vacation.
  • If as a result of the actions or inaction of the employee there was a downtime at work.

In addition to these situations (they can be challenged), there are cases of mandatory retention. Specifically, these are court orders. If an employee is a debtor for the payment of alimony, a non-payer of traffic police fines, etc., then his salary must be reduced by the appropriate amount.

An exception to the rule is only the last “peaceful” month of cooperation between the employer and the employee. That is, the employee leaves, but only due to a reduction in staff, sending him to urgent military service, in connection with the return to work of the previous employee, etc.

What percentage of cash to keep

In most situations, it is enough to keep 20%. This applies to damage to property, shortages, etc. If there is more than one writ of execution, then it is permissible to withhold up to 50% of the total amount issued per month.
Labor legislation provides for cases when up to 70% of wages are deducted. It:

  • maintenance payments;
  • if a crime was committed, as a result of which material damage was caused;
  • there has been a death of the breadwinner;
  • The employee was sentenced to corrective labor.

If the employer does not have this information and withholds, for example, all 100% of wages for any violation, then a negligent employee has the right to even go to court over this incident. If everything is done properly, he will win the process of violation of his rights. In any case, both parties should be aware that 20% is the part of the salary that can be withheld by the employer from the employee for good reasons. And for the rest, it will be necessary to look for reasons in the labor code.

Exceptions to the rules

If an agreement on liability has been concluded, the employer has the right to recover the entire amount from the employee. By mutual agreement, you can pay in installments, deducting gradually from each subsequent salary.

The same applies if, during the course of the trial, the employee was found guilty of any administrative offense which resulted in material damage to the organization.

An employee can also express a desire that part of the funds is not given to him in his hands. He can, for example, transfer his finances immediately to repay the loan, in charitable organization, trade union, insurance fund, etc. It should be borne in mind that in order to perform such actions, the company's accounting service will need to have a written application from the employee himself. It must clearly indicate that this is his initiative and he fully agrees with these actions.

Training

Before proceeding with the execution of the order, it is necessary to document the damage (if the deduction occurs at the initiative of the employer and in connection with the damage incurred). Such documents can be inventory reports, a special act on damage to company property or other materials.
If we are talking about an accident, then supporting papers can be acts of an insurance company, car service checks, invoices for the purchase of parts, etc.

An important point: in the settlement documents presented to the employee, the full amount of wages must appear. It includes the bonus part, compensation, seniority, etc. And the deductions will be calculated from this total amount.

Compilation deadlines

The signing of the order to withhold funds from wages must be carried out within one month from the moment the loss is discovered. Otherwise, the actions of the employer will be illegal. The HR department needs to be quicker with this.

If, for example, a loss was discovered during an inventory, then money can be withheld from wages only in the same month.

Components of an order

It is advisable to print the text of the order on the letterhead of the organization. The paper must contain:

  • Date of preparation;
  • city ​​(place);
  • order number;
  • reason for withholding funds;
  • what percentage of the salary is the amount of funds withheld;
  • the amount of the withheld amount in rubles;
  • retention date;
  • grounds for withholding (supporting documents);
  • signature of the head of the organization;
  • signature of the employee from whom the funds are withheld from the salary.

In most cases, the written consent of the employee will be required to draw up an order to withhold funds from wages. This is the only way to achieve legal literacy in matters of the relationship between the employer and the employee. In the absence of mutual agreements, they resort to recourse to the courts, but this rarely happens.

Order to stop holding

When the employee himself asks for deductions from wages in writing, this is a special case when the limits and restrictions of the Labor Code, which protect the interests of the staff to a greater extent, cease to apply. To start such holdings, you need an order.

But if an employee decides to stop voluntary transfers through deductions from wages, this is his right. To do this, you need another order that cancels the first one. To do this, the employee must do one of two things:

  • write another statement - a request to stop withholding funds from his salary for the specified purposes;
  • when writing the initial application, indicate the period after which it will become invalid, and the funds will need to be stopped.

An example of a termination statement

It is written if the date of termination of deductions was not indicated in the first application.

Director of Felix-M LLC
Kolobkov P.A.
supply manager Solovyikhin N.L.

STATEMENT

I ask you to stop deducting 8,000 rubles from my salary from September 12, 2018. in favor of Ye.N. Solovyikhina, since the girl, for whose maintenance these funds were transferred, became an adult.

I am enclosing a copy of the birth certificate of Ye.N. Solovyikhina to the application.

/Solovyikhin/ N.L. Solovyikhin

An example of a cease and desist order

Limited Liability Company
"Rafflesia"

Stopping deductions from wages

In connection with the statement of the inspector of the personnel department, Sementsova Tatyana Ivanovna, about the termination of voluntary transfers to the charitable foundation "Our Cat Friends" using the details XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

I ORDER:

Starting from August 1, 2018, stop monthly withholding from the salary of the inspector of the personnel department Sementsova T.I. the amount of 1,000 rubles.

Responsibility for the execution of this Order shall be assigned to the chief accountant Mikhalets P.A.

General Director of Rafflesia LLC

/Kvitko/ Kvitko L.A.

Familiarized with the order

Chief Accountant

The Labor Code of the Russian Federation allows the employer to make deductions from wages both on the basis of the law and at the request of the employee. In this article, we will consider the features of labor legislation and samples of the main documents that will help to properly formalize relations with employees.

Reasons for deductions from wages

Accountants in practice may not face deductions from salaries for a long time. But one day an employee comes to pay child support. And then the bailiffs send an unpaid fine, or the employee takes a loan and asks to send part of the salary to the bank. There is a need for proper paperwork.

Labor Code provides for both withholding on the writ of execution from wages, and other payments on the basis of the law. There are only restrictions on their size.

The cases of possible deductions from wages of the Labor Code of the Russian Federation are listed in Art. 137 and 138:

Hold types

Maximum size

Rationale

Alimony for minor children, payments for compensation for harm to health, loss of a breadwinner, compensation for damage from a crime (all payments are made by court order)

Art. 138 of the Labor Code of the Russian Federation, paragraph 3 of Art. 99 of the Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ

Payments under multiple writ of execution

Art. 138 Labor Code of the Russian Federation

Reimbursement of unworked advance payment, refund of amounts overpaid to the employee due to accounting errors for unworked days of vacation already taken.

IMPORTANT! Such deductions are made no later than one month from the date of expiration of the term for the return of the advance payment, repayment of the debt and with the consent of the employee

Art. 137, 138 of the Labor Code of the Russian Federation

Voluntary deductions at the request of the employee (for loans, training, utility bills or loans provided by the organization, as well as for alimony paid on the basis of an agreement)

There are no restrictions

Letter from Rostrud dated 26.09. 2012 No. PR/7156-6-1

Deductions are made from the amounts remaining after the payment of income tax, at the expense of the employee, i.e. he must compensate for the cost of banking services or postage, depending on the method of payment.

Execution deductions

Withholding on a writ of execution from wages is made from the day the document is received by the organization and continues until the obligations are paid off, the employee is dismissed, the claimant refuses, or by order of the bailiff. In this case, it is necessary to return the writ of execution to the recoverer or a copy of it to the bailiff with a note on the amounts paid (clause 4.1 of article 98 of law No. 229-FZ) no later than the next business day, otherwise the employer will face a fine of 50,000 to 100,000 rubles. (Article 17.14 of the Code of Administrative Offenses of the Russian Federation).

Since payments are made on the basis of the law, additional orders from the head or statements from the employee are not required - it is enough to have a writ of execution or a copy thereof.

Application for retention - sample

If an employee has requested to make any payments from his salary, you need to file an application for withholding from wages - a sample is presented here .

It is written in the name of the head, must contain the full name. and the position of the employee, passport details and registration address. The application should indicate the type of withholding, the amount, the frequency of payment, the details of the recipient and the basis document. It must have the date of compilation and the signature of the employee with a transcript. On the application, an indication of the head is placed on accepting it for execution.

IMPORTANT! The agreement on the payment of alimony must be notarized and has the force of a writ of execution in accordance with paragraphs. 1, 2 art. 100 of the RF IC, therefore, after the employee writes the application, the payment becomes mandatory.

Hold order - sample

There are situations when it is necessary to make a hold:

  • for a fully completed vacation upon dismissal before the end of the year;
  • if the advance payment issued is more than the accrued amount for the hours worked;
  • with a counting error;
  • in the event of a shortage in the financially responsible person.

In this case, it is necessary to issue an order for deduction from wages - a sample can be viewed here.

The order is issued on the letterhead of the organization, contains the number and date. It must necessarily indicate the basis for deduction, its size, responsible for the execution of the order. The employee should be familiarized with the order under the signature.

Retention of the balance of imprest amounts

Withholding from wages of accountable amounts is possible on the basis of an order or at the request of an employee. The reason is the expiration of the period for the report for unused amounts.

Results

All deductions from the salary of employees must comply with the norms of the Labor Code of the Russian Federation and be properly executed. Then neither the accountant nor the manager will have problems and additional costs for labor disputes.

04.02.2018, 20:45

An employee has been involved in an accident that resulted in damage to the company's vehicle. The fact of the damage caused by the employee is recorded in the act of causing damage to the organization and its size is estimated. Now you need to draw up an order to withhold damage from the employee's wages. We will help the personnel officer prepare a document with the least time loss.

In case of documented damage, it is allowed not to create a commission

If facts of theft, abuse and damage to inventory items are revealed, then a commission must be created that will establish the causes of damage and the amount of loss (Article 247 of the Labor Code of the Russian Federation). It is clear that the members of the commission are appointed by the head of the organization, and he also makes a decision to recover damages from the perpetrator. The inventory commission will conduct an inventory, which is mandatory in such cases, by issuing collation statements (clause 3 of article 11 federal law dated 06.12.2011 No. 402-FZ, clause 1.5 of the Guidelines, approved. by order of the Ministry of Finance of Russia dated 13.06.1995 No. 49, paragraph 27 of the Regulations, approved. by order of the Ministry of Finance of the Russian Federation of July 29, 1998 No. 34n). Thus, it will be possible to estimate the amount of damage caused to the company.

An inventory is a comparison of the actual availability, condition and valuation of the organization's property and liabilities with accounting data (clause 1.4 of the Guidelines, approved by order of the Ministry of Finance of Russia dated 06/13/1995 No. 49).

In some cases, an inventory must be carried out without fail. For example, they include (clause 27 of the Regulation on accounting and reporting, approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n, letter of the Ministry of Finance of the Russian Federation dated December 25, 2015 No. 07-01-12 / 76134):

  • annual financial statements(an inventory of fixed assets can be carried out every three years);
  • transfer of property for rent (purchase, sale);
  • change of financially responsible persons (for example, a cashier);
  • identification of theft, damage to property, abuse;
  • natural disasters and emergencies;
  • reorganization or liquidation of the enterprise.

In practice, it happens that the amount of damage can be determined without conducting an inventory and without creating a commission. This can be done if the organization has documents confirming the amount of damage caused to the company. In the event of an accident, such documents can be invoices and acts from a car service center and documentation from an insurance company.

We draw up an order

All events in the life of the organization must be documented in primary documents, and the order to deduct the amount of material damage from wages is no exception. You can collect money from the employee on the basis of the order of the head. Because unified form there is no such order, it can be drawn up in any form.
Especially for readers, our specialists have prepared a completed sample order to withhold material damage from wages.

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