Regulation Of The Council Of Ministers Of 4 October 1974 On The Joint Liability Of Workers For The Entrusted Property

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 4 października 1974 r. w sprawie wspólnej odpowiedzialności materialnej pracowników za powierzone mienie

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On the basis of article. 126 section 1 of the labour code are managed as follows: § 1. The provisions of the regulation shall apply in the cases of the total entrusting employees property, the obligation to enumerate, in the workplace or in a separate part of it, in which the sale takes place, the production or the provision of services or stores the property covered by Entrust and separate accounting, hereinafter referred to as the "place of entrustment of property".

§ 2. 1. the personnel referred to in paragraph 1, may adopt on the basis of a written agreement with the employer shared responsibility the material damage caused by the creation of the deficiency in the entrusted to them, including property, if the number of employees at the place of entrustment of property, other than those referred to in § 4 paragraph 2. 1 shall not exceed:-for one change-8 people-at work two shifts-12 people-at work in three shifts-16 people.

2. In shops, public catering establishments and in self-service stores and CVS employees, other than those referred to in § 4 paragraph 2. 1, may adopt a shared responsibility the material if their number in place of entrusting the property does not exceed 24 people on one change.

3. the contract for the joint liability may be concluded, if the adoption of a common liability agree all employees employed in place of entrusting the property, subject to § 4.

§ 3. (deleted).

§ 4. 1. With the written consent of the employees who have adopted shared responsibility the material, can perform work or specific actions in place of entrustment of property: 1) persons performing activities not related to other disposal of property, 2) persons performing work casual or by the time specified, 3) people newly adopted to work covering the activities of other disposal of property – until the nearest inventory, 4) young workers during the period of vocational preparation and after this preparation is pending immediate inventory, 5) persons taking place professional practice.

2. The employer shall provide to persons covered by shared responsibility the material possibility of supervision of entrusted property, by free access to it at run time by the persons mentioned in paragraph 1. 1 work or specific actions in place of entrusting the property.

§ 5. Any change in the composition of the employees covered by shared responsibility material requires the conclusion of a new agreement on shared responsibility.

§ 6. Employees having shared responsibility material correspond to the proportions laid down in the contract. However, if it is found that in whole or in part, the shortage was caused by some workers, for the whole or a specified part of the deficiency correspond to only the offender, which does not exclude their liability for the rest of the shortfall, together with the other employees on the basis of common responsibility.

§ 7. Shared financial responsibility does not preclude individual responsibility for other property entrusted to the person concerned.

§ 8. 1. the establishment of a common liability is a bailment including all employees, who are to be covered by the responsibility, on the basis of the inventory carried out with their participation or involving people by them indicated, in accordance with § 22 paragraph. 2, and to provide them with opportunities to submit comments in connection with the course and the results of the inventory.

2. The employee involved in the agreement about the joint liability shall have the powers set out in paragraph 1. 1, as well as the right to review accounts of employers – as regards the clearance of the entrusted property, and to participate in the adoption and issuance of property.

§ 9. (deleted).

§ 10. The employee may terminate the agreement on a common liability in writing for fourteen days. In this case, to carry out the inventory should be ready before the end of the period of notice of this agreement.

§ 11. 1. where settlement of property shows deficiency, each of the employees are shouldering joint responsibility material may, within 3 days of receiving the news about the identified deficiency, waived in writing, with effect for the future, of the agreement establishing such responsibility. In this case, to carry out the inventory should be ready within 7 days from the date of the withdrawal of the first employee from the contract about joint liability.

2. An employer may withdraw from the contract on the joint responsibility of the material at any time. In this case, to carry out the inventory, you must proceed without delay, no later than within 3 days from the date of the employer's withdrawal from the agreement about the joint liability.

§ 12. In the contract for the joint liability shall determine the period within which the employee's absence from work does not affect the responsibilities of both the employee and the other employees are shouldering joint responsibility material, hereinafter referred to as "the period fixed in the contract". In the event of an extension of the employee absences over the period fixed in the contract, shall, not later than within 7 days from the date of expiry of that period, proceed to carry out the inventory.

§ 13. An employee having shared responsibility the material, which, when absence from work, lasting longer than the period fixed in the contract, will return to work: 1) before starting or ending inventory carried out within the period specified in § 12, therefore he is not at work or for other reasons-it is still bound by the common liability, 2) after the end of the inventory carried out within the period specified in § 12, therefore he is not at work or for other reasons-is bound by the common liability to completion of the inventory.

§ 14. (deleted).

§ 15. (deleted).

§ 16. 1. a staff member having shared responsibility the material may report the employer's request to carry out the inventory in case of improper performance of duties relating to the keeping of property entrusted to it by another worker covered by the responsibility.

2. An employee referred to in paragraph 1. 1, may withdraw from the contract on the joint liability with effect for the future, if within a period not exceeding 7 days from the date of the request to carry out an inventory of it will not be started or will not offset the employee concerned allegations of work in place of entrusting the property.

§ 17. An employee having shared responsibility the material that made the written allegations to justify the loss of confidence in relation to a person specified in § 4 paragraph 2. 1 paragraphs 1-5, may opt to continue executing by this person's work or specific actions in place of entrusting the property, and in the event of failure by the employer to the effects of the withdrawal of such consent-may withdraw from the contract on joint liability with effect for the future. In this case, to carry out the inventory, you must proceed without delay, but not later than within 7 days from the date of filing the charges.

§ 18. (deleted).

§ 19. 1. in the event of termination by one of the parties to the contract of employment of an employee having shared responsibility the material ending inventory should be made no later than on the date of termination of employment.

2. In the event of termination of a contract of employment without notice, or in the event of expiry of the employment contract to carry out the inventory, you must proceed without delay, but not later than within 7 days from the date of the termination or expiration of the contract of employment.

§ 20. 1. in the event of termination by employee agreement on joint liability or withdraw from the contract by the employee or the employer, the employee shall bear joint responsibility for damage to material property, whose rise has been found to date of termination inventory, if it is started within the required time limit; in the event of ineffective expiry of the beginning of counting the employee is immune from liability from the date on which it ceased it involve agreement on joint liability.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the event of termination of employment the employee under shared responsibility.

3. until the conclusion of a new agreement on joint liability, in the situations referred to in paragraph 1. 1 and 2, employees covered by shared responsibility the material shall not be liable for injury to property created during the previous contract, which would correspond to the worker, which the agreement ceased to be associated; This part of the damage shall be debited to the employer.

§ 21. (deleted).

§ 22. 1. (deleted).

2. in the event of inability to participate in the inventory because of illness or other valid reason, an employee having shared responsibility the material may indicate in writing to the other person who with the consent of the employer will take for him to participate in the completion of the inventory.

3. If the employee does not participate in the taking of the inventory or points to another person (para. 2), the employer shall carry out an inventory by the Commission composed of at least 3 people.


§ 23. 1. The employee bears the joint responsibility of material, which the employment relationship is terminated, you must allow the participation in the inventory. The employee may indicate in writing to the other person who with the consent of the employer will take for him to participate in the inventory.

2. in the event of non-use by an employee of the powers referred to in paragraph 1. 1 the employer shall carry out an inventory as specified in § 22 paragraph. 3. § 24. The employee bears the joint responsibility of material that after termination of employment is involved in carrying out the inventory, shall be entitled to compensation calculated according to the average daily rate of the last month of his work. The same person shall be entitled to remuneration, which replaces the employee in the inventory activities under the provisions of § 22 paragraph. 2 and § 23 paragraph 1. 1. § 25. (deleted).

§ 26. (deleted).

§ 27. (deleted).

§ 28. (deleted).

section 29. (deleted).

§ 30. (deleted).

§ 31. (deleted).

§ 32. The provisions of the regulation shall not apply to employees who are liable on the basis of property entrusted to the limited liability of workers assigned to property on the basis of separate provisions.

§ 33. The regulation shall enter into force on 1 January 1975.