Order of appointment of the person responsible for the archive
In each organization, over time, various kinds of papers, documents, files from which an archive is subsequently formed accumulate. In order for him to be kept in order, a responsible person is appointed.
How to keep the archive
Strictly certain rules on archiving in commercial enterprises at the legislative level are not established. This means that the management of each company has the right to independently develop these requirements, which are then included in the package of local regulations. It is in accordance with them that the archive is supervised.
Regularly (at least once every five years, and preferably annually) documents stored in the archive should be checked. Those that are outdated and have lost their relevance should be disposed of – there is a special procedure for it in the law. The rest continue to be in the archive until the moment when their storage also expires.
In the archive room should be a certain temperature and humidity. It is completely unacceptable to hit the sun’s rays on archival documents (they burn out and deteriorate from this).
Also here it is necessary to maintain fire safety in the strictest manner – the archive consists entirely of flammable objects.
Who is responsible
As a rule, the secretary of an enterprise, a personnel department specialist or an accountant is appointed to be responsible for the contents of the archive.
But if the organization is very large, then a separate position can be introduced into the staff list, according to the instructions of which the main responsibility of a specialist will be to maintain archival files and the archive itself.
What tasks are included in the functions of the employee responsible for the archive
First of all, the employee responsible for the archive must record all the documents received by it. They are subject to mandatory detailed inventory (name, number of sheets and
Who appoints the person responsible for the archive
Usually the employee who will be responsible for the archive is appointed by the director of the enterprise. To do this, he issues a corresponding order, which indicates the position and name of the employee, as well as the tasks that are assigned to him.
Features of the formation of the order, the general points
If you have been given the task of drafting an order appointing an employee responsible for the archive, and you have never come across such a document before, use the following tips. Take a look and an example – with its consideration you will be able to create your own form without any special difficulties.
Before giving a detailed idea of this particular order, we will discuss some general information that is relevant to all such regulatory acts.
A note on the order must be made in a special log book, which is always the secretary of the company or another responsible employee.
Sample order of appointment of the person responsible for the archive
In terms of its structure and content, the order appointing an employee responsible for the archive is not so complicated, so there should be no particular difficulties in its formation.
- At the beginning of the document is written the name of the company, as well as the name of the document itself.
- Further, the order is assigned a number, indicating the date and place of its compilation.
- After this comes the main part of the form. First of all, the basis and justification fits here, it is noted for what purposes the responsible person is appointed. Further, it is indicated on whom exactly this mission is assigned: the position is indicated, the name of the employee, the date from which responsibility for the archive passes to him. Then it should be indicated what documents, regulations and articles of the law the employee should be guided in their activities. And finally, an employee of the company is appointed who is responsible for executing this order (this may be the director himself, one of his deputies, or, for example, the head of the personnel department).
- The document is signed by the head of the organization and his subordinates, who is responsible for the archive (with his signature, the latter certifies that he is familiar with the order and has nothing against the performance of new functions).
Responsible storage order
Two organizations may conclude an agreement for safekeeping between them, according to which one of them transfers and the other receives storage goods.
In this case, the first organization pays for their storage, and the second – guarantees their safety and timely return.
Check storage is necessary in accordance with Sec. 47 of the Civil Code of the Russian Federation.
Conclude an agreement on custody and transfer the inventory items to the custodian’s warehouse.
In accordance with paragraph 2 of Art. 887 of the Civil Code of the Russian Federation that the things are taken to the warehouse of custody, the keeper shall certify with a receipt, receipt or other document with his signature issued to the bailor,
Accounting for goods in storage areas, in the warehouses of the custodian is carried out by filling out unified forms of primary documents.
They are filled in accordance with the instructions approved by the Decree of the State Statistics Committee of Russia No. 66.
Each completed transaction is executed by a bilateral act of acceptance and transfer, which is signed by the bailor and custodian (Form No. MX-1), as well as acts on the return of inventory items (Form No. MX-3).
The act of acceptance and transfer, the number of copies and the completeness of the package of documents are stipulated in the storage agreement.
The act of return is drawn up in duplicate.
If it is necessary to use the stored equipment for demonstration, as well as for receiving goods and materials from the guardian organization, appoint the responsible person by order of the manager.
This must be a full-time employee of the depositor organization.
According to the order, he should be responsible for the storage of this equipment, which he received at the time for demonstration as a sample, as well as for the timely transfer or receipt of this equipment for safekeeping.
Thus, the main documents for which responsible custody is drawn up and financial responsibility for goods and materials is monitored are acts filled in according to the forms №№ МХ-1 and МХ-3.
According to these documents, you will be able to accurately determine the periods during which the equipment or other goods and materials were held in custody in a specialized organization or at the bailor as a sample.
Storage Agreement Storage Document storage Cargo insurance
Order appointing a responsible person
The appointment of responsible persons made orders of the employer. The form of the order of appointment of the responsible person is free.
Sample order of appointment of responsible persons
Responsibility of persons is established by the employer for a specific activity, within the division or the entire enterprise. For example, employees may be made responsible for:
fire and electrical safety;
safety of material values (liability) and
The employer is limited in the choice of responsible persons in the areas of professional activity. This restriction is due to legal requirements. For example, only an employee who:
was trained in the relevant program;
confirmed his knowledge on the qualification exam and received a state-issued document (diploma);
complies with occupational safety standard.
The situation is similar with fire and electrical safety.
Example of an order appointing a person responsible for the electrical safety of an enterprise
Unlike other types, maturity can be extended to all personnel of an enterprise. The scope of such liability is limited to the limits of the average monthly salary of the employee or established within the framework of the obligation to compensate for the full amount of the damage caused (loss of profits cannot be collected).
Sample form of the order of appointment of the materially responsible person
Any liability is established by the contract (individually concluded with the employee or collective). The list of positions (works) of employees with which the employer can conclude agreements on full material liability is approved by the Decree of the Ministry of Labor
cashiers and cash workers;
employees, including managers, engaged in depository activities, etc.
The leaders of the organization and their deputies, as well as chief accountants, may be fully liable, the provisions of which may be stipulated in their employment contracts.
Sample order on financially responsible persons
Under the material liability of an employee is meant his duty to compensate the employer for the damage that the employee caused to the organization as a result of his guilty actions (or inaction).
Material liability is imposed on the employee in full (Article 243 of the Labor Code of the Russian Federation) in the case of:
shortage of values obtained on the basis of a written contract or a one-time document;
the commission of a crime or administrative offense established by a court verdict or an appropriate government body;
disclosure of confidential information;
damage not in the performance of job duties (after working hours).
This means that even if the employee quits or goes to prison for his guilty actions, he will still have to compensate the employer for the damage he caused to him.
Prior to recovery of damage from a specific employee, the employer is obliged to organize and conduct an inspection in order to establish the extent of the damage caused. To conduct such an inspection, the employer must create a special commission? in the course of whose work, it is necessary to obtain written explanations from the guilty employee regarding the fact of the incident. In case of refusal or evasion from providing explanations, the commission must draw up an act in a free form. Without these documents recovery of damage is impossible.
How to write an order appointing a person in charge
Conclude a contract of liability in two copies.
Prepare a draft order on the appointment of responsible persons.
It is advisable to coordinate the draft order with lawyers.
Sign an order with the CEO.
To acquaint the employee with the order under the list.
Typical draft contract on full individual liability
Liability cannot be applied to an employee if the damage was caused due to:
force majeure (spontaneous natural actions);
natural risk (availability of production does not guarantee the availability of sales of finished products);
need or defense (for example, had to break the table to support the door in the event of an attack);
improper storage conditions of the property due to the employer’s fault (products were stored in a faulty refrigerator).
In addition, the employer has the right to refuse, in whole or in part, from the recovery of damage from the guilty employee (Article 240 of the Labor Code of the Russian Federation). The procedure and conditions for refusing to recover damages should be determined by the contract or other regulatory document of the employer, for example? Charter organization.
Making changes to documents
In the case of the dismissal of one employee or his replacement by another, the employer must prepare documents on the change of the materially responsible person.
Sample order on the change of the materially responsible person
However, this is not all. When changing the responsible persons, very often employers forget to issue one important document, namely the act of acceptance and transfer of inventory items for storage. Without registration of this document, in the event of a shortage in the future, it will be impossible to prove the guilt of the responsible person.
Order on the storage of documents
The order on the storage of documents, issued by the head, establishes the procedure for storing the operational and archival documentation of the enterprise in the interests of the organization, as well as citizens, society and the state. The article discusses issues related to the organization of storage of documents in the enterprise.
From the article you will learn:
The order on the storage of documents should be issued simultaneously with the start of the production activity of the enterprise, since the safety of the documentation accompanying the organization’s activities is the responsibility of the manager. The order on the storage of documents and local regulations governing the use and storage of documentation will help standardize all the company’s document management procedures, ensure that each document is recorded and preserved.
Who is the order for the storage of documents
The main tasks that the enterprise’s office management system is designed to solve include not only documenting all production and organizational processes and accounting for incoming, outgoing and internal documentation, but also organizing its operational and archival storage. At the same time, the need for storing documents is explained not only by the needs of production and the employer’s desire to provide confirmation of the legitimacy of its business activities, but also by the provisions of the law.
The Federal Law of October 22, 2004 No. 125-ФЗ “On Archiving in the Russian Federation” (hereinafter referred to as the Law) establishes the obligation of employers to ensure the safety of documents used in all areas of the enterprise’s activities. Moreover, this duty is imputed to them regardless of the form of ownership of enterprises and the sources of their financing.
Therefore, the question of who makes the order on the storage of documents in 2016 will be straightforward: heads of all business entities, including state and municipal structures, enterprises and citizens engaged in entrepreneurial activities without forming a legal entity.
When an order is made on the storage of documents In the organisation
If organizations of state or municipal subordination by default are sources of acquisition of documents of state and municipal archives, then commercial structures can be attributed to such sources on the basis of paragraph 2 of Art. 20 of the Law, after the contract is concluded with one of these archives. Upon expiration of the storage period, part of the documents of the enterprise, on the basis of special expertise, may be included in the Archival Fund of the Russian Federation.
Documents of enterprises-sources of acquisition of state and municipal archives, not included in the Archival Fund of the Russian Federation, as well as the documentation that is accumulated in enterprises that are not such sources, remains in these companies. They should independently organize the storage of documents and ensure their safety in accordance with established retention periods.
The employer’s responsibility is to ensure the safety of all documents that make up the enterprise’s document flow, including personnel, financial and accounting. This duty begins to be implemented after an order is created for storing documents, establishing the procedure and rules for their acquisition, accounting and storage.
The content of the order for the storage of documents in 2017
As a rule, organizing the storage of documents in an enterprise involves the execution of a variety of procedures that ensure the uniqueization, identification and preservation of each document, so it makes sense to regulate the accounting and storage of all documentation by developing a special local regulation, for example, the Provision on document storage, which will into effect by the order on the storage of documents.
If the company organizes its own archive, it will be necessary to include in the Regulation a separate section regulating the procedure for creating and operating the expert commission. Such regulations may also be established by a separate Regulation on the expert committee. The tasks of this commission will include an examination of the value of documents formed during the activities of the enterprise, and the creation of a nomenclature of cases, which will determine the terms for storing documents in accordance with the current Schedules.
If such local regulations at the enterprise are developed, the content of the order on the storage of documents in 2016 will be reduced to the approval of these regulations and the establishment of the date of entry into force. In case of their absence, in the text the order on the storage of documents in 2016 will have to establish, including:
- list of types of documents to be stored;
- the name of the structural unit or persons responsible for organizing the storage of documents;
- the order of registration and registration of documents received for storage;
- terms of operational and archival storage of documents;
- the procedure for transferring documents for archival storage;
- a list of measures to ensure the safety and confidentiality of information contained in the documents;
- the procedure for working with documents and issuing them to performers from the archive.
As you can see, the content of the order on the storage of documents in the absence of local regulations governing the storage of documentation in the enterprise and the work of the expert commission will be quite voluminous, so there is a direct meaning in the development of the relevant regulations.
Sample order for the storage of documents
The order on the storage of documents can be made in any form. If the local regulations mentioned above are not developed at the enterprise, the procedure for storing documents can be assigned to the executors mentioned in the order. These may be members of the expert committee. A sample sample of the order for the storage of documents is presented below.
Moscow “_17_” October 2016
ORDER number 213
On the storage of documents
In accordance with the provisions of the Federal Law of October 22, 2004 No. 125-FZ “On Archival Affairs in the Russian Federation” and in order to streamline the operational and archival storage of documentation, –
P R I K A S U S IN:
1. To appoint a clerk to Ivanova to be in charge of storing documents of LLC Ritm.
2. To instruct Ivanova
3. Create an expert commission composed of: Chairman Ivanova
4. The expert commission shall, before November 14, 2016, develop a procedure for recording incoming documentation for storage and a procedure for transferring documents for archival storage, determine the operational and archival storage times for documents, and develop measures to ensure the safety and confidentiality of information contained in documents.
Documentation and liability at the custody warehouse
The Russian company buys imported equipment for use as samples. The equipment becomes the property of the company at the time of loading on vehicles at the warehouse of the supplier-importer. After passing through customs, the equipment is delivered to the warehouse for safekeeping (under an agreement with a specialized company). Loading, transportation, unloading are made by a specialized company. Equipment is accounted for in fixed assets. For use as samples, equipment will be removed from the custody by an authorized employee of the company. After use, the equipment will be returned to the warehouse for safekeeping. Issuance and return of the sample from the warehouse with custody. What documents should be issued? How can the documents trace the financial responsibility for this sample – the main tool?
The relations of the parties under the contract of storage are governed by ch. 47 of the Civil Code of the Russian Federation. According to paragraph 2 of Art. 887 of the Civil Code of the Russian Federation the acceptance by the custodian of the thing at the storage of the responsible storage shall be certified by issuing to the depositor a safe receipt, receipt, certificate or other document with his signature.
Unified forms of primary documents for the accounting of goods at storage sites, as well as instructions for their use and filling are approved by the Resolution of the State Statistics Committee of Russia on
The keeper and depositor for each storage operation performed must draw up acts of acceptance and transfer (Form N MX-1) and return of inventory items (Form N MX-3).
The transfer of property from bailors to the custodian is drawn up by an act of acceptance and transfer of inventory items for storage (Form N MX-1). The act is drawn up by representatives of the custodian and the bailor’s organizations on the basis of a storage agreement. The number of copies of the act and the completeness of the documents compiled, as a rule, are determined by the contract.
When making a return of inventory items to the bailor from the guardian organization, they use the act of returning inventory items deposited (Form N MX-3). This document is compiled in two copies by the materially responsible person of the guardian organization when returning inventory to the bailor.
Thus, the issuance and return of equipment from the warehouse with custody is accompanied by the registration of acts of forms N N MX-1 and MX-3.
For the period of use of the equipment for the demonstration, as well as in order to obtain it from the guardian organization, it is necessary to appoint the responsible person (full-time employee of the depositor company) by order of the head. In this case, the employee is responsible:
– for storage of this equipment during its use as a sample;
– for the timely transfer (receipt) of equipment for safekeeping.
Accordingly, the main documents for which material liability is monitored for the equipment are the forms N N MX-1 and MX-3. For these acts, you can accurately determine the period during which the equipment was in custody in a specialized organization. As well as the specified acts determine the period during which the equipment was in the organization as a model. At the same time, the person directly responsible for the safety of the equipment, as well as the person authorized to deliver and receive it from storage sites, is appointed by order of the manager.