Agreement

about the full financial responsibility of the Guard

This agreement is drawn up in compliance with the norms of Chapter 10 of the Labor Code of the Republic of Kazakhstan, which stipulates the financial liability of a party to an employment contract for damage (harm) caused by it to the other party to the employment contract, and for damage (harm) caused as a result of culpable unlawful behavior (action or omission) and the causal relationship between culpable unlawful behavior and the damage caused. (harm), unless otherwise provided by this Code and other laws of the Republic of Kazakhstan.

An employee who borrows from an Employer on the basis of an employment contract

(hereinafter referred to as the Employment Contract) a position performing work directly related to the safety of the employer's property and third parties to whom the Employer has obligations for material assets (hereinafter referred to as "Material Assets"), as well as in cases where the financial responsibility of an employee holding a certain position is provided for by the legislation of the Republic of Kazakhstan, assumes full financial responsibility. and administrative and criminal liability for violations of the legislation of the Republic of Kazakhstan, as well as failure to ensure the safety of Material assets transferred to him by the Employer.  

The Employee's obligations to ensure the safety of material assets are terminated from the moment the Material Assets are returned to the authorized representative of the Employer in accordance with the act of acceptance and transfer.

In connection with the provisions set out in paragraph 1 of this Agreement, the Employee undertakes:

2.1 take care of Material values and take measures to prevent losses to the Employer in connection with violation of the legislation of the Republic of Kazakhstan, loss or damage of Material Values;

2.2 promptly inform the Employer of all circumstances threatening to ensure the safety of the Material Assets entrusted to him;

2.3 return the Material Assets to the Employer in a timely manner according to the act of acceptance and transfer upon completion of their use or no later than on the last working day upon termination or termination of the TD for any reason.;

2.4 In case of non-fulfillment of the terms of the Contract, the Employer has the right to impose a fine on the Employee's salary; in case of systematic non-fulfillment of the clause, the Employer has the right to terminate all Contractual Relations.;

2.5 Not to commit acts discrediting the business reputation of the employer;

2.6 Observe the principles of polite communication with clients and have an appearance appropriate to the position;

The employer undertakes to:

3.1 create the conditions necessary for the Employee to ensure the safety of the Material Assets entrusted to him, provided that the Employee performs his work duties properly.;

3.2 to familiarize the Employee with the current Regulations of the Employer on the financial responsibility of employees, as well as the current rules for the storage, acceptance, processing, sale (vacation), transportation or use / use of Material Assets transferred to him.

3.3 reimburse the employee for unpaid wages and other payments due to him in case of illegal transfer to another job, exclusion of the employee from the workplace, unilateral modification of the terms of the employment contract, suspension from work, termination of the employment contract.

3.4 In case of harm to the life and (or) health of an employee in connection with the performance of his labor duties, the employer is obliged to compensate for the damage in the amount and in the manner prescribed by the legislation of the Republic of Kazakhstan.

3.5 In case of harm to an employee related to the establishment of the degree of loss of professional working capacity from five to twenty-nine percent inclusive, the employer is obliged to reimburse the employee for lost earnings and expenses caused by damage to his health.

 

In case of failure to ensure the safety of the Material Assets entrusted to him due to the fault of the Employee, for any reason, including loss, breakdown, offenses as a result of negligent handling or ignorance of the legislation of the Employee with Material Assets or intentional actions of the Employee, intentional destruction or intentional damage of Material Assets, as well as in case the Employee does not return Material Assets to the Employer in the last working day upon termination of the TD with the Employee for any reason, determining the amount of harm caused to the Employer, and the procedure for its reimbursement is as follows:

 

4.1 The employee is obliged to pay the Employer the amount of the damage caused, determined in accordance with clause 5 of this Agreement. Payment is made in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

4.2 The Employer's order for compensation of harm by an Employee must be issued no later than two weeks from the date of discovery of the harm caused by the Employee and immediately communicated to the Employee in writing against his signature.

4.3 The Employee has the right to voluntarily reimburse the Employer for the amount of damage caused, otherwise the Employer reserves the right to recover the unpaid amount of damage from the Employee in court.

4.4 If the Employee does not agree with the amount or procedure for compensation for damage provided for in this Agreement, and if no agreement is reached between the Parties on this issue, the dispute at the Employee's request will be considered in accordance with the procedure provided for by the current legislation of the Republic of Kazakhstan.

 

The amount of damage caused is calculated based on the value of the lost Tangible Assets or the cost of restoring Tangible Assets that, in the opinion of the Employer, are subject to restoration. The value of the lost tangible assets is determined on the basis of accounting data, based on the book value (cost) of tangible assets minus depreciation according to the norms established by current legislation. At the same time, the Parties recognize that if, upon termination of the TD, the Employee does not return the Material Assets to the Employer on the last working day, such Material Assets will be recognized as lost due to the fault of the Employee, and the damage caused by this will be subject to compensation in accordance with this Agreement.

An employee who is guilty of not ensuring the safety of Material Assets has no right to refer to their damage or absence as a reason for relieving him of his work duties.

The employee is not financially responsible if the loss or damage of Material Assets was not his fault.

This Agreement is valid for the entire duration of the TD. This Agreement may be terminated simultaneously with the termination of the TD only if, at the time of termination of the TD, the Employee has not caused any harm to the Employer and the Employee has fully returned the Material Assets to the Employer in proper condition. Otherwise, the Employee's obligations to compensate the Employer for damage related to the loss or damage of Material Assets remain in place until they are fully fulfilled.

This Agreement is drawn up in two copies having the same legal force, one copy for each of the parties.  

I have read this document:

 _____________/___________________________________________________________________

 

"___"_____________20____ the year.

 

DETAILS OF THE PARTIES

 

 

 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

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