What consequences could there be for a commercial director if he/she performs his/her job duties improperly? Let's talk about the possibility of dismissing such an employee in case of loss of trust, if he/she has entered into a deliberately unprofitable deal.
First of all, it is necessary to determine whether the commercial director is considered an employee who services monetary and commodity values. Based on paragraph 7 of Article 81 of the Labor Code of the Russian Federation, only with such an employee can an employment contract be terminated, citing loss of trust. However, there must be good reasons for this. We are talking about his committing guilty actions.
The agreement on full financial Reason to Choose Our Database Service liability is the most serious argument. However, this document is not always drawn up. If it is missing, it makes sense to familiarize yourself with the employment contract and job description of the former employee. All functions and responsibilities of the commercial director should be indicated there. It is quite possible that there are provisions that confirm the fact of servicing monetary and commodity values.
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If nothing is found in the above documents, then it will be more difficult to fire the employee. The employee can defend the position that he was engaged exclusively in management and did not have access to funds and goods. In this case, you will have to look for witnesses.
How do you know if a commercial director is considered an employee who services monetary and commodity values? First, you need to understand what exactly is meant here. The Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 states that servicing monetary and commodity values is carried out if the employee performs the following tasks:
reception;
storage;
transportation;
distribution;
acquisition;
movement;
vacation to third parties (sale).
When performing such duties, it does not particularly matter whether an agreement on full financial liability was concluded with the commercial director.
If a violation by an employee is detected, it is necessary to obtain an explanatory note from him. It should be taken into account that only on the basis of this explanation can the organization use certain disciplinary sanctions against him. If the employer does not have either an explanatory note or a document stating that the employee did not provide one, it will be more difficult to prove his case in court.
It is necessary to provide a document indicating the prices at which the former commercial director had the right to conclude transactions. A written order from the general director or a power of attorney to conclude a transaction that was issued to the commercial director will do. In addition, you can view the price list and the permissible discount amounts. It is important that the commercial director previously left his signature there, as this indicates that he is familiar with the information provided. If at least one of these documents is available, it will be easier to prove that the employee violated the requirement of the organization's management and, therefore, committed a disciplinary offense.
Dismissal of the commercial director
It is necessary to collect reports indicating that the transaction is contrary to the interests of the enterprise. It can be prepared by an accountant working with documents, deputy commercial or general director. It is better to prepare a report by the person who first discovered the violation, where the contract concluded by the former manager with the client is obviously unprofitable for the company (prices are too low). This will be an additional argument in court.
It is also recommended to form a commission to conduct an investigation. This can be done by order of the CEO. The commission may include the following specialists:
security officer;
accountant;
HR manager;
Head of Logistics Department.