Job description of the seller of food products. Job description of the seller of alcoholic beverages

1.1. Salesman food products(including alcoholic products) — (hereinafter referred to as the product) belongs to the category technical executors, hired and fired from her order Executive director enterprises.

1.2. A person who has an initial professional education and special training according to the established program without presenting requirements for work experience.

1.3. The seller of goods reports directly to the director of the sales department.

1.4. In its activities, the seller of goods is guided by:

— regulatory documents and teaching materials on issues of work performed;

- the charter of the enterprise;

― internal labor regulations;

― orders and orders of Elis-Plus LLC;

- this job description;

― Law “On Protection of Consumer Rights”.

1.5. With this job description, the employer is obliged to familiarize the employee who exercises his labor activity in the field retail alcoholic products, about which a corresponding note is made in employment contract.

  1. FUNCTIONS

2.1. The following functions are assigned to the seller of the goods:

2.1.1. Customer service.

2.1.2. Preparing goods for sale.

2.1.3. Consultation of buyers about the properties and manufacturers of products, including the provision of documents confirming the quality of the goods, at the request of the latter.

2.1.4. Study of customer demand.

2.1.5. Fulfillment of official duties.

  1. JOB DUTIES

3.1. In order to perform the functions assigned to him, the seller of the goods must:

3.1.1. When accepting a shift, prepare the workplace: check the availability and serviceability of equipment, inventory and tools. In particular, to control the location of the safe (which must be located on the territory rented by Elis-Plus LLC) and take the key to the safe for personal storage. Check the location of the cash register (hereinafter referred to as CCM) of Elis-Plus LLC (CCM must be located on retail space leased by Elis-Plus LLC); check the safety and availability of the hologram on the KKM " service maintenance" current year. In the event of a malfunction of the cash register, immediately stop selling products and immediately notify the organization providing technical services. maintenance of KKM, and the head of his service about a malfunction of the cash register, by phone numbers available to the Seller.

3.1.2. Provide customer service: accept money from the customer, count them, knock out a check, count the change, issue change along with a cashier's check , pack and issue products, at the request of the buyer, issue copies of checks with a stamp. Also, at the request of the buyer, provide documents confirming its quality for this type of product (including accompanying documents).

3.1.3. Control the timely replenishment of the working stock of goods, their safety; serviceability and proper operation of trade and technological equipment; cleanliness and order in the workplace.

3.1.4. Prepare goods for sale: check the name, quantity, grade, price, packaging condition and correct labeling, availability of accompanying documents and documents confirming the quality of the goods.

3.1.5. Participate in the receipt of goods, paying attention to the presentation of the product: the integrity of the packaging (consumer packaging), the presence of labels with the name of the product; the presence on the label or on consumer packaging of the bottling date, verification of compliance with the bottling date indicated in the quality certificate; the presence and integrity of federal (for products manufactured in the territory of the Russian Federation) and excise (for products of foreign origin) marks, the availability of accompanying documents and documents confirming the quality of the goods.

Acceptance of goods is carried out by bottle, in accordance with the consignment note (consignment note).

In the certificate "B" to the consignment note in the column "recipient" the seller's signature and stamp are put.

3.1.6. After accepting the goods, if the quantity and quality of the goods correspond to the invoice, the seller puts on the invoice the date of acceptance, his signature, the transcript of the signature, indicates his position and puts a stamp. After signing the bill of lading by the seller, claims for quantity, quality and sorting of goods are not accepted.

3.1.7. In case of inconsistencies (underdelivery, fight), the seller makes notes on the invoice signed by the seller and the driver.

3.1.8. In accordance with the Decree of the Government of the Russian Federation of January 19, 1998 N 55
"On the approval of the Rules for the sale certain types goods” when accepting the goods, the seller is obliged to check the availability of shipping documents: certificates of conformity, certificates for waybills (section A, B), etc.

The seller is personally responsible for the availability and safety of all documentation and for compliance with the "Rules for the sale of certain types of goods".

3.1.9. When accepting the goods, the seller accepts the price labels for the products. The seller is obliged to attach them to the corresponding products in the display case.

3.1.10. Notify the administration of the receipt of goods that do not correspond to the labeling (invoice list), in case of any incidents, in case of fire, in case of non-delivery of goods.

3.1.11. Keep a record of temperature control and fix it daily in a notebook.

3.1.12. Advise customers on the properties and taste characteristics of certain types of alcoholic beverages.

3.1.13. Offer customers a new range of products.

3.1.14. Study customer demand.

3.1.15. Decorate counters, inside shop windows and monitor their condition.

3.1.16. Control the presence at the facility of a package of documents required for legal retail alcoholic beverages: license, lease / sublease agreement, register of control checks of consumer market facilities, sanitary and epidemiological conclusion, sanitary rules SP 1.1.1058-01, SP 2.3.6.1066-01, copy of the program production control, a copy of the conclusion of the State Fire Supervision Authority, instructions on measures fire safety, accompanying documents to KKM.

Control the presence in the corner of the buyer of the documents necessary for the legal retail trade of alcoholic products: copies of the license, sales rules (Government Decree No. 55), telephones of controlling local organizations, books of complaints and suggestions, copies of TIN, OGRN. In the absence of any of the above documents, immediately inform the head of your service.

3.1.17. Make requests for the repair of commercial and technological equipment.

3.1.18. Participate in the preparation of commodity reports, certificates for marriage, shortage, re-grading of goods and acceptance certificates for the transfer of material values.

3.1.19. Participate in inventory taking.

3.1.20. Resolve disputes with customers in the absence of administration representatives.

3.1.21. If there is a return of goods from buyers, for each such return, draw up an "Act on the return of funds to buyers on unused cash receipts (including erroneously punched checks)" with the obligatory application of a punched check .

3.1.22. At the end of the shift: remove the Z-report, print out the control tape, fill out the journal of the cashier-operator.

3.1.23. Calculate cash receipts for the shift, which must correspond to the receipt of the Z-report, and put it in the safe together with this receipt (revenue and receipt for each day separately).

3.1.24. Sort money and hand over the proceeds to the cashier once a week, having previously checked his documents (a document proving his identity and a power of attorney).

3.1.25. In the event of an inspection by regulatory organizations, the seller is obliged to provide for filling out a register of control inspections of consumer market facilities.

  1. THE RIGHTS

4.1. The seller of the goods has the right:

4.1.1. Get acquainted with the draft decisions of the management of the enterprise related to its activities.

4.1.2. Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.

4.1.3. Receive from leaders structural divisions, specialists information and documents on issues within its competence.

4.1.4. Require the management of the enterprise to assist in the performance of its official duties and right.

  1. RESPONSIBILITY

5.1. The seller of the goods is responsible for:

5.1.1. For non-performance (improper performance) of their official duties provided for by this job description - within the limits determined by the Labor legislation of the Russian Federation.

5.1.2. For committing an offense in the course of carrying out their activities - within the limits determined by the Administrative, Criminal and Civil legislation of the Russian Federation.

5.1.3. For causing material damage - within the limits determined by the Labor, Criminal and Civil legislation of the Russian Federation.

5.1.4. For the safety of the key to the safe.

5.1.5. For penalties of regulatory organizations through the fault of the seller.

5.1.6. For the presence on the leased territory of Elis-Plus LLC of the goods of the entrepreneur and the goods of Elis-Plus LLC on the territory of the entrepreneur.

We bring to your attention typical example job description of the seller-cashier, sample 2019. A person who has an initial professional education without presenting requirements for length of service can be appointed to this position. Do not forget, each instruction of the seller-cashier is issued on hand against receipt.

It presents typical information about the knowledge that a sales assistant-cashier should have. About duties, rights and responsibilities.

This material is included in the huge library of our site, which is updated daily.

1. General Provisions

1. The seller-cashier belongs to the category of technical performers.

2. A person who has an initial professional education without presenting requirements for length of service is appointed to the position of a salesperson-cashier.

3. The seller-cashier is appointed to the position and dismissed by the director of the organization on the proposal of the chief accountant.

4. The seller-cashier must know:

Decrees, orders, orders, other guidelines and regulations higher and other bodies related to the conduct of cash transactions,

Legislative and regulatory legal acts, methodological materials on retail trade and consumer protection, on the organization of marketing and supply of products,

Forms of cash and bank documents,

Rules for acceptance, issuance, accounting and storage Money And valuable papers,

The procedure for processing income and expenditure documents,

Limits on cash balances set for the organization,

Rules for ensuring their safety,

The procedure for maintaining a cash book, compiling cash reports,

Pricing order, wholesale and retail prices for products sold by the organization

Methods and procedure for the development of product inventory standards,

The procedure for concluding contracts for the supply of products,

Rules for the preparation of sales documentation,

The procedure for preparing claims to buyers and responding to incoming claims,

Standards and specifications on the products sold by the organization,

Requirements for the organization of accounting for sales operations and reporting on the implementation of the implementation plan,

Rules for the operation of electronic computing equipment, cash equipment,

Fundamentals of labor organization,

labor law,

Internal labor regulations,

Rules and norms of labor protection.

5. The seller-cashier in his activities is guided by:

RF legislation,

the charter of the organization,

By orders of the director and instructions of the chief accountant of the organization,

By this job description,

The internal labor regulations of the organization.

6. The seller-cashier reports directly to the chief accountant and director of the organization.

7. During the absence of the seller-cashier (business trip, vacation, illness, etc.), his duties are performed by a person appointed by order of the director of the organization, who acquires the appropriate rights and is responsible for the high-quality and timely performance of his duties.

2. Job responsibilities of the seller-cashier

Seller-cashier:

1. Carries out the sale of goods to buyers in the department ___________.

2. Politely and intelligibly tells customers about new products that have appeared on sale, about the characteristics of the goods (composition, expiration date, properties, manufacturer, etc.).

3. Monitors the work of the cash and other equipment and inventory entrusted to him.

4. Keeps records of the sale of goods in his department.

5. When accepting, transferring a shift, draws up acts of acceptance and transfer of goods, on the next business day after the shift, submits a report to the director ___________.

6. Maintains cleanliness and order in clothes and at his workplace in compliance with all necessary sanitary and fire safety standards and requirements.

7. Provides at the request of the buyer "Book of reviews and suggestions."

8. Controls the state of stocks of goods in the department and, if necessary, ensures their replenishment.

9. Carries out operations for receiving, accounting, issuing and storing funds with the obligatory observance of the rules that ensure their safety.

10. Maintains a cash book based on receipts and expenditures.

11. Reconciles the actual availability of cash balances with the book balance.

12. Compiles inventories of old banknotes, as well as relevant documents for their transfer to bank institutions in order to replace them with new ones.

13. Transfers funds to collectors in accordance with the established procedure.

14. Prepares cash statements.

15. Carefully treats the values ​​entrusted to him, exercises control over cash register tapes, and ensures their storage.

16. Takes all measures to ensure the safety of the funds and securities entrusted to him and to prevent damage.

17. Timely informs the chief accountant of all circumstances that threaten the safety of the equipment, inventory, and valuables entrusted to him.

18. Nowhere, never and in no way discloses information known to him about operations for storing valuables, their dispatch, transportation, security, signaling, as well as official orders at the cash desk.

19. Complies with safety regulations.

20. Performs separate official assignments of the chief accountant and director of the organization.

21. Other obligations established by the current labor legislation.

3. Rights of the seller-cashier

The seller-cashier has the right:

1. Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.

2. Get acquainted with the draft decisions of the organization's management regarding its activities.

3. Submit proposals for the management to improve the work related to the duties provided for in this instruction.

4. Request personally or on behalf of the immediate supervisor from the employees of the organization information and documents necessary for the performance of their duties.

5. Require the management of the organization to provide assistance, including the provision of organizational and technical conditions and execution of the established documents necessary for the performance of official duties.

6. Other rights established by the current labor legislation.

4. Responsibility of the seller-cashier

The seller-cashier is responsible for:

1. For improper performance or non-performance of their official duties provided for by this job description - within the limits established by labor legislation Russian Federation.

2. For offenses committed in the course of their activities - within the limits established by the current administrative, criminal and civil legislation of the Russian Federation.

3. For causing material damage to the organization - within the limits established by the current labor and civil legislation of the Russian Federation.

Job description seller-cashier - a sample of 2019. The duties of the seller-cashier, the rights of the seller-cashier, the responsibility of the seller-cashier.

If you plan to engage in the sale of alcoholic beverages, it is recommended to start the procedure for obtaining a license to sell alcoholic beverages in advance. The permit is issued for a long time, it has a number of nuances, so it is recommended that you familiarize yourself with regulations or get advice from a qualified lawyer.

A license is a permit document that allows you to trade in a certain product, in this case it's alcohol. This right is given to owners of retail outlets, cafes, restaurants, bars, regardless of legal status.

If there is a need for a license, it is worth considering that such an activity as the sale of alcohol does not exist. Beverages containing alcohol over 15% alcohol may be sold with take-out or drink-on-the-spot conditions, but certain licensing is provided on a case-by-case basis. For example, an owner selling strong products and low-alcohol goods must obtain 2 types of trade permits with the right to take them outside the trading premises.

In 2018, the following rules apply for the sale of alcoholic beverages in public catering establishments:

  • after obtaining permission, a connection to the Unified State Automated Information System is provided, where marks are made on the purchase lots;
  • buy alcohol in retail stores forbidden;
  • public catering does not have the right to sell alcohol-containing drinks in a sealed form;
  • if there is a bar where alcoholic drinks are prepared, the process is equated to one of the services provided, and not to production activities.

Types of licenses

There are two types of permits that give the right to sell alcohol:

  • wholesale;
  • retail.

Since 2018, the second type of retail license has been issued in varieties with different legal force:

  • retail sales involving the removal of alcohol in sealed containers;
  • sale of alcoholic beverages in open containers without the right to take it outside the catering premises.

How to get an alcohol license

The algorithm for obtaining a license for alcohol is as follows: first, you should familiarize yourself with the requirements imposed by government agencies on a catering enterprise or point of sale, after that, documents are prepared, which are submitted in a complete package to the department for the development of entrepreneurship and trade in the area where the business entity is registered.

Requirements

Retail outlets or catering facilities must have storage facilities (utility rooms). This is necessary to store alcohol outside the main building, so that in the event of a fire or a short circuit, reduce the risk of injury to people and quickly localize the outbreak. According to regulations the area on which the sale of alcoholic beverages is carried out must be more than 50 m2 (for countryside the norm is lower - from 25 m2).

An enterprise or individual entrepreneur must have a registered lease or sublease agreement if the area is rented by a third party. The outlet is equipped with a cash register. It is also subject to registration with the fiscal service.

Reference! A legal or natural person who has authorized capital, the amount of the paid part of which is at least 10,000 rubles.

There are also requirements for the location of the outlet. Among the main ones:

  1. it is not allowed to place a hall where alcohol is sold on the territory of educational, cultural, sports and medical institutions;
  2. from a store or cafe to a stop, crowded places, metro stations should be at least 50 m (other restrictions apply in the Moscow region, providing for an increase in the distance to 100 m);
  3. near strategic objects, the sale of alcoholic beverages is prohibited.

What is necessary

A complete list of documents submitted for obtaining a permit is approved by local authorities. But there is a base that is invariably required in all regions.

  • Constituent documents, certificates of TIN, PSRN (copies certified by a notary). Letter from state statistics.
  • Applicant's application for permission. It indicates the addresses of objects of licensing, details of the organization, its legal address.
  • Ownership of the property in which the licensed object is located. If there is no such document, a lease (sublease) agreement is submitted. If the outlet is a pavilion, it is necessary to provide, as well as an act of acceptance of the premises, a technical passport, BTI documents.
  • Help about authorized capital(indicate the size of the authorized capital).
  • Extract from the Unified State Register of Legal Entities (a notarized copy is submitted). The extract is valid for 6 months, so you need to request it one of the last.
  • KKM card, certified by the signature of the head of the company and the seal.
  • Receipt confirming the payment of the fee.

The package of papers provided for by law turns out to be voluminous, therefore it is recommended to flash all its pages, on reverse side glue a strip on the cover in the place of the thread bundle, on which the signature of the head of the enterprise and the seal are subsequently affixed.

Instructions for receiving

In 2018, amendments and regulations governing the sale of liquor came into force. In a sense, this period can be called revolutionary. The requirements for an applicant wishing to obtain a license have become stricter. The issuance of the document is carried out by Rosalkogolregulirovanie.

In order to simplify the work of small entrepreneurs, intermediary companies that are not related to public services. They are engaged in the renewal and registration of new alcohol licenses both for legal entities and individuals.

After submitting a package of papers to the Department of Entrepreneurship and Trade Development, the applicant expects within 10-30 days a response from Rosalkogolregulirovanie, the body responsible for issuing licenses.

The process of obtaining a permit is simplified if you apply in in electronic format. To do this, you should register on the Portal through the ESIA, fill out an electronic application form, attach a scanned copy of the package of documents. Further at the entrance to Personal Area the path of papers and changes in their status are tracked. On the email the applicant receives reports on work with a package of documents.

Features of obtaining a license to sell beer

According to Art. 16 of the Federal Law (November 22, 1995), organizations with the status of a legal entity have the right to sell spirits and wines. As an exception, the restrictions do not apply to agricultural producers selling champagne and wines of their own production. Trade in beer is allowed and IP. For the organization of retail sales, there is no need to issue a license for alcohol. But some restrictions and requirements for the sale of a beer product still exist.

  1. It is allowed to release beer to customers only at the allotted time: 8-00 - 23-00.
  2. On the territories of public institutions and in their immediate vicinity it is prohibited to organize a point for the sale of beer.
  3. A pavilion or a store selling a beer product must have a solid foundation and all documents for the premises, land, etc.
  4. Since 2017, it is forbidden to use plastic containers with a volume of more than 1.5 liters.
  5. Minors are not allowed to drink beer.

Regarding the EGAIS system, it should be noted that it is needed for beer, but in a limited format. Buyers of wholesale lots must enter data into the program to confirm cooperation with legal manufacturing companies.

Reference! Retail trade in beer provides for the presence of a cash register.

How much does it cost

The cost of a license when applying through a law firm will cost 65,000 for 1 year. If the permit is issued for 2 years, the amount doubles accordingly. Prices for a document for Moscow and the Moscow region are higher - 80,000 rubles.

Bulk licenses will cost more:

Possible reasons for refusal

When starting to draw up documents for obtaining a license, it is worth considering that even the presence of a full package and funds for the state duty does not give a 100% guarantee of issuing a permit. The following factors may be the reason for the refusal:

  • expired statutory documents;
  • errors in the papers, their incorrect compilation;
  • lack of data about the applicant or the provision of false information;
  • part paid in statutory fund does not meet the required minimum;
  • having tax debts.

Important! The process of filing documents for obtaining a permit provides for the payment by the applicant of state duty and other costs associated with notarization of papers. In case of refusal, the fee and the submitted package of papers will not be returned to the applicant.

Validity and renewal

According to the legal framework, the Committee makes a decision on the issuance or refusal of permits within 30 calendar days, regardless of the type of application:

  • on extradition;
  • about re-registration;
  • on termination of the document;
  • on license renewal.

The statutory period may be extended if additional examination of the documents submitted in the package is required.

You can obtain a license for a period of 1 year or 5 years by paying the appropriate amount of state duty.

Penalties and liability

Entrepreneurs and legal entities involved in the sale of alcoholic products bear a fairly significant degree of responsibility to consumers. In case of violation of the rules for dispensing alcoholic beverages or when a fine is imposed on the seller:

  • for organizations - up to 300,000 rubles;
  • for individual entrepreneurs - up to 15,000 rubles.

These are not all penalties. In addition to the fine, all unlicensed alcoholic products located in the warehouses of the outlet are subject to confiscation.

Even if the seller has a permit for the sale of alcohol, but in the process of its implementation, the provisions of the laws were violated, the regulatory authorities have the right to close the establishment for up to 3 months.

A fine of up to 30,000 rubles is imposed on an individual entrepreneur or organization if products are sold with fake excise stamps. Even the fact that he was allegedly not aware of the supplier's actions does not relieve the negligent seller from responsibility. In addition to the fine, all alcohol is confiscated.

From 01/01/2018, a new requirement appeared in the rules for the sale of alcoholic beverages, providing for the mandatory connection of enterprises and individual entrepreneurs to the Unified State Automated information system. In case of implementation trading activities bypassing EGAIS, a fine is imposed on the violator:

  • for organizations - up to 200,000 rubles;
  • for individual entrepreneurs - up to 15,000 rubles.

Reference! EGAIS includes information about the alcohol producer (accurate data), product composition, strength, container volume.

Legal framework

Retail outlets and catering establishments may sell alcoholic beverages, but strictly in accordance with the laws governing the entire process.

Legislative framework governing the issuance of a license for alcohol

Name

Both Russian and foreign company regardless of the form of ownership.

Letter No. 8977/03-04 (30.04.2013)

Alcohol can be sold only in specially equipped retail outlets, the buildings of which are placed on a solid foundation.

Art. 14.16, paragraph 3 of the Code of Administrative Offenses of the Russian Federation

The process of issuing a fine for violating the rules of trade in alcoholic products (punishment from 20 to 300 thousand rubles) is explained.

The seller must make a purchase according to the check, indicating the names of the alcohol-containing product in it.

Federal Law No. 290, paragraph 17 of Art. 7

Alcohol sellers who are in a privileged position regarding the payment of taxes may not include the name of alcoholic products on the receipt until February 1, 2021.

PP of Moscow No. 102-PP (03/06/2015)

Permission to sell beer in summer cafes.

During the period of validity of the license for alcohol, it is necessary to submit a declaration once a quarter. Even if there was no sale for some period of time, the declaration must still be submitted, even if with zero indicators. Thanks to this document, the state exercises control over the turnover wholesale and retail trade in Russia.

Reference! The declaration must be submitted by sellers, regardless of their status: a legal entity or an individual entrepreneur.

The reporting document is submitted to the FSRAR and the executive authority of the region in which the seller is registered.

Compliance regulatory framework helps to regulate the flow of alcoholic products, to fight counterfeiting. When expanding the range of alcoholic beverages, it is first worthwhile to study the laws regarding the implementation of a particular product, so that in the process of implementation commercial activities there were no legal problems.

Watch a video on how to get a license to retail alcohol:

Trade organizations (both legal entities and individual entrepreneurs) can not do without sellers. The legal requirement is to conclude an employment contract with an employee. The specifics of the seller's work should be reflected in the employment contract, since the quality of the employee's performance labor functions directly depends trading business employer.

General conditions of the employment contract

Let's start "grinding out" an employment contract with the seller with general conditions that are inherent in any contract with each employee. In accordance with Article 57 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), the following information must be indicated:
  • Place of work (indicate the name of the legal entity, the address of its registration or the full name of the employer - an individual entrepreneur and the address of registration). Any clarifications (the name of the store or chain of stores) are allowed, but are not required. Article 57 of the Labor Code of the Russian Federation refers the indication of the specification of the place of work to additional conditions. So if the employer plans that the seller will perform his labor duties in more than one particular chain store, then indicate additional terms impractical.
  • The term of the employment contract. Trade organizations may operate temporarily, depending on the season, specific event or period. In this case, a fixed-term employment contract is concluded with the seller with a mandatory justification of the reason.
  • Pay conditions ( official salary incentive payments available to the employer, allowances, etc.).
  • The mode of working time and rest time (sellers can work in shifts if, for example, a trade enterprise has a round-the-clock mode of operation. In this case, it is indicated how the employee's working time is kept).
This category of workers may well have a specific nature of work (for example, on the road or traveling). In this case, such conditions must be specified in the employment contract.

Specify functional responsibilities

If the employer has developed a job description or other internal document describing the functionality for the seller, then it is enough to indicate in the employment contract that the performance job duties produced in accordance with this document. In its absence, the seller's functionality is indicated in the employment contract. What should be paid attention to when determining the obligations of the seller (especially if the seller combines the functions of a cashier)?

Obligation to use cash registers

If a trade enterprise uses cash register equipment in its work, then it is desirable to reflect the need for its use in the seller's functionality. Why is it important? The fact is that the employer is obliged to take all measures to strictly comply with the requirements federal law No. 54 FZ of May 22, 2003 “On the use of cash registers in the implementation of cash cash settlements and (or) settlements using plastic cards. If in trading floor have a valid and properly registered cash register, and the employment contract with the seller contains the seller's obligation to use it when accepting money from buyers (or this requirement is contained in the job description, which the employee is familiarized with against signature), then in this case, the employer's obligation to ensure compliance with the requirements of the legislation on CCP can be considered fulfilled. It will be more difficult to hold the employer - a legal entity (or an individual entrepreneur) liable under such circumstances. But to impose a fine on the seller as an individual in accordance with Article 14.4 of the Code of Administrative Offenses of the Russian Federation is realistic if there is evidence that the cash register was not used when making a purchase. Real example from judicial practice- Decision of the Federal Antimonopoly Service of the North-Western District dated November 9, 2009 in case No. A21-6795/2009. For reference: the non-use of cash registers in cases where it is mandatory, or the use of cash registers that do not comply established requirements or is used in violation of the procedure and conditions for its registration and application established by the legislation of the Russian Federation, as well as refusal to issue, at the request of the buyer (client) in the case provided for by federal law, a document (sales receipt, receipt or other document confirming the receipt of funds for the corresponding goods (work, service) - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles.For legal entities, liability for this offense is established in the amount of thirty thousand to forty thousand rubles.

Rules for the sale of alcoholic and tobacco products

The employment contract with the seller dealing with these types of goods should include the obligation to comply with the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products ”and the Federal Law of February 23, 2013 No. 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption”. For violation of the rules for the sale of alcoholic and tobacco products, administrative liability is established (and 14.16 of the Code of Administrative Offenses of the Russian Federation). If the employment contract specifies the seller's obligations to comply with all the requirements of laws relating to the sale of these types of goods, then the employer's obligations in terms of informing the seller about the restrictions and other features of their retail sale will be considered fulfilled. An alternative may be the presence of a job description or other internal act of a trade enterprise, with which the seller must be familiarized with signature. Liability for violation in this case threatens to an individual- to the seller.

Obligations of the employer

Now let's look at the obligations of the employer. Apart from common moments reflected in Labor Code Russian Federation, it is desirable to reflect in the employment contract specific obligations for relations with the employee-seller. For example:
  • The organization must ensure that the seller has a small change at the cash desk to provide buyers with change. Violation of this obligation of the employer may lead to a shortfall of buyers, which in turn threatens with a fine under article 14.7 of the Code of Administrative Offenses of the Russian Federation (consumer fraud). And although these points are stipulated in regulations (in the Model Rules for the Operation of Cash Registers When Making Cash Settlements with the Population, approved by the Ministry of Finance of Russia on August 30, 1993 No. 104), it is still recommended to indicate this obligation in the employment contract so that the seller is aware of the right require the presence of a small change at the box office.
  • The organization must ensure labor safety and conditions that meet the requirements of labor protection.
  • The organization must provide the employee with the equipment, technical means necessary for the performance of his labor duties. This is important if in functional responsibilities the seller includes, for example, pre-sale preparation goods, their unpacking, packaging.
  • If the obligation of the seller to wear uniforms or special accessories at the workplace is imposed, then among the obligations of the employer should be provided for the provision of them to the seller.

Seller's responsibility

The position of the seller is included in the List of positions and works substituted or performed by employees with whom the employer can enter into written agreements on full individual liability for the lack of entrusted property, approved by the Decree of the Ministry of Labor and social development of the Russian Federation dated December 31, 2002 No. 85. Accordingly, the seller will be liable for the shortage of goods in accordance with the concluded agreement on full liability. According to

Control the presence in the buyer's corner of the documents necessary for the legal retail trade of alcoholic products: copies of the license, sales rules (Government Decree No. 55), telephone numbers of local regulatory organizations, a book of complaints and suggestions, copies of TIN, OGRN. In the absence of any of the above documents, immediately inform the head of your service. 3.1.17. Make requests for the repair of commercial and technological equipment. 3.1.18. Participate in the preparation of commodity reports, certificates for marriage, shortage, re-grading of goods and acceptance certificates for the transfer of material values. 3.1.19. Participate in inventory taking. 3.1.20. Resolve disputes with customers in the absence of administration representatives. 3.1.21.

Seller training for trade in beer, cigarettes

If you are not sure that the instruction will convince the seller of the need to comply with the rules for the sale of strong drinks, you can scare him with dismissal on your initiative due to the loss of confidence in him. 7 h. 1 tbsp. 81 of the Labor Code of the Russian Federation. Also place an advertisement in the store stating that you do not sell alcohol and cigarettes to minors. Although this may not save the firm itself from a fine. After all, according to some judges, the employer is to blame for the fact that his seller, knowing about the ban, did not take all the measures in his power so as not to violate it. 9 ААС dated April 28, 2012 No. 09AP-7579/2012.

Do not expect to avoid a fine even in a situation where the seller is not an employee of the organization and works in the store under a staffing agreement.

Seller's instructions for selling alcohol

  • Non-tax audits: what's new?, No. 22
  • Collection of indulgences for "little ones", No. 13
  • New Single register for legal entities will help in choosing a counterparty, No. 10
  • Pollution of nature: what responsibilities does an ordinary office have, No. 7
  • 2013
  1. We inform the employment service, No. 16
  2. What and to whom can banks and auditors tell about your company, No. 14
  3. The term of the field non-tax audit for "small", No. 10
  4. FSS checks: on their own and together with the FIU, No. 3
  5. Subtleties of the meeting with the labor inspector, No. 2
  6. Labor inspection inspections: scheduled and unscheduled, No. 2
  1. Sale of alcohol to a minor: what threatens, No. 24
  2. There will be fewer unscheduled non-tax audits, No. 17
  3. How the State Labor Inspectorate helps employees, No. 5

Obligation of the seller in the sale of tobacco products.

Attention

However, it is not uncommon for teenage shoppers to look significantly older than their years. And it is quite natural that the seller does not have a shadow of doubt about their age. And sometimes the “violation” is provoked by the inspectors themselves, sending “mature-looking” minors to buy alcohol.


Let's see if fines imposed on insufficiently vigilant alcohol sellers are always justified, and how conscientious organizations do not fall for the illegal tricks of controllers. How to find out the age of the buyer Ask the buyer for a passport or other documents confirming the age of the buyer if there is any doubt that the buyer has reached the age of majority. 2 tbsp. 16 of the Law of November 22, 1995 No. 171-FZ. If the buyer does not present the document, alcohol will not be sold to him.
Fix the seller's obligation to check documents in his job description and familiarize the employee with it against signature.

Job description of the seller of food products

Inspectors often catch violators "on live bait", deliberately sending mature teenagers to buy alcohol. Basically, inspections are carried out like this. Inspectors go around the outlets together with trained agents - teenagers and with their help make test purchases. Simply put, violators are "caught by the live bait." However, the inspectors are not entitled to deliberately involve a minor in the check, that is, send him to buy alcohol, even if there is the consent of his parents.

And the evidence obtained during such a check has no power. 17 of the Law of 12.08.95 No. 144-FZ; Part 3 Art. 26.2 of the Code of Administrative Offenses of the Russian Federation; Decree 8 AAS dated September 12, 2012 No. A81-1820 / 2012; 19 AAS dated 10.05.2011 No. A64-6163/2010. In most cases, this is the position taken by the courts.

Selling alcohol to a minor: what threatens

Offer customers a new range of products. 3.1.14. Study customer demand. 3.1.15. Decorate counters, inside shop windows and monitor their condition. 3.1.16. Control the presence at the facility of a package of documents required for the legal retail trade of alcoholic products: a license, a lease / sublease agreement, a register of control checks of consumer market facilities, a sanitary and epidemiological conclusion, sanitary rules SP 1.1.1058-01, SP 2.3.6.1066-01 , a copy of the production control program, a copy of the conclusion of the State Fire Supervision Authority, instructions on fire safety measures, accompanying documents to the cash register.

Job description of the seller of food and non-food products

Participate in the receipt of goods, paying attention to the presentation of the product: the integrity of the packaging (consumer packaging), the presence of labels with the name of the product; the presence on the label or on consumer packaging of the bottling date, verification of compliance with the bottling date indicated in the quality certificate; the presence and integrity of federal (for products manufactured in the territory of the Russian Federation) and excise (for products of foreign origin) marks, the availability of accompanying documents and documents confirming the quality of the goods. Acceptance of goods is carried out by bottle, in accordance with the consignment note (consignment note). In the certificate "B" to the consignment note in the column "recipient" the seller's signature and stamp are put.


3.1.6.
Responsibility The Seller is responsible: - for the consequences of his decisions that go beyond his powers established by the current legislation of the Russian Federation, the company's charter, other regulatory legal acts; the current labor legislation of the Russian Federation; - for committing an offense in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation; - for causing material damage and damage to the business reputation of the enterprise - within the limits determined by the current labor, criminal and civil legislation RF. five.

Job description of the seller when selling alcohol and cigarettes

Some courts note that since the sale was carried out in the store of the offending company, it does not matter with whom the seller has an employment contract. In this case, you can fix in the contract with the company providing personnel, a condition for damages in the form of a fine that you will have to pay for the illegal actions of its employees, Articles 15, 421 of the Civil Code of the Russian Federation. Who conducts inspections and how Inspections are often carried out by the police, often together with prosecutors. Also, the authority to conduct inspections was granted to employees of Rosalkogolregulirovanie and Rospotrebnadzorap. 5.6 Regulations, approved. Decree of the Government of February 24, 2009 No. 154; clause 5.9 of the Regulations, approved. Decree of the Government of June 30, 2004 No. 322.
After accepting the goods, if the quantity and quality of the goods correspond to the invoice, the seller puts on the invoice the date of acceptance, his signature, the transcript of the signature, indicates his position and puts a stamp. After signing the bill of lading by the seller, claims for quantity, quality and sorting of goods are not accepted. 3.1.7. In case of inconsistencies (underdelivery, fight), the seller makes notes on the invoice signed by the seller and the driver.

It is strictly forbidden to accept goods in case of regrading. Return of goods that do not correspond to the invoice is carried out immediately at the time of acceptance. 3.1.8. In accordance with the Decree of the Government of the Russian Federation of January 19, 1998 No.

Job description of the seller of food products[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions and other regulations governing labor relations in the Russian Federation.

I. General provisions

1.1. The seller of food products belongs to the category of technical executors, is hired and dismissed from it by order of the head of the enterprise.

1.2. A person who has an initial vocational education and special training in accordance with an established program is appointed to the position of a seller of food products without presenting requirements for work experience.

1.3. The grocery seller reports directly to [insert as appropriate].

1.5. In its activities, the seller of food products is guided by:

Regulatory documents and methodological materials on the issues of the work performed;

the Charter of the enterprise;

Internal labor regulations;

Orders and instructions of the director of the enterprise and the immediate supervisor;

this job description;

- [fill in as needed].

II. Functions

The following functions are assigned to the seller of food products:

2.1. Customer service.

2.2. Preparing goods for sale.

2.3. Consultation of buyers about the properties and culinary purpose of the goods.

2.4. Study of customer demand.

2.5. Managing the work of lower-skilled salespeople.

III. Job Responsibilities

To perform the functions assigned to him, the seller of food products must:

3.1. Provide customer service: cutting, weighing and packing goods, calculating the cost of the purchase, checking the details of the check, issuing the purchase.

3.2. Control the timely replenishment of the working stock of goods, their safety, serviceability and proper operation of trade and technological equipment, cleanliness and order in the workplace.

3.3. Prepare goods for sale: check the name, quantity, grade, price, packaging condition and correct labeling; unpacking, inspection appearance, stripping, cutting, cutting and cutting of goods.

3.4. Prepare the workplace: check the availability and serviceability of equipment, inventory and tools, install scales.

3.5. Receive and prepare packing material.

3.6. Arrange goods by groups, types and varieties, taking into account the frequency of demand and ease of use.

3.7. Fill out and attach price tags.

3.8. Count checks (money) and hand them over in the prescribed manner.

3.9. Advise customers on the properties and taste characteristics of certain types of goods.

3.10. Offer customers new, interchangeable products and related products.

3.11. Study customer demand.

3.12. Arranging countertop and in-store display cases and monitoring their condition.

3.13. Participate in the receipt of goods, including from the warehouse, determine their quality by organoleptic characteristics.

3.14. Notify the administration of the receipt of goods that do not correspond to the labeling (invoice list).

3.15. Make requests for the repair of commercial and technological equipment.

3.16. Participate in the preparation of commodity reports, certificates for marriage, shortage, re-grading of goods and acceptance certificates for the transfer of material values.

3.17. Participate in inventory taking.

3.18. Resolve disputes with customers in the absence of administration representatives.

IV. The rights

The seller of food products has the right:

4.1. Get acquainted with the draft decisions of the management of the enterprise related to its activities.

4.2. Submit proposals for improvement of the work related to the responsibilities provided for in this instruction for consideration by the management.

4.3. Receive from the heads of structural divisions, specialists information and documents on issues within its competence.

4.4. Require the management of the enterprise to assist in the performance of their duties and rights.

4.5. [Enter as required].

V. Responsibility

The food seller is responsible for:

5.1. For failure to perform (improper performance) of their official duties provided for by this job description - within the limits determined by the labor legislation of the Russian Federation.

5.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.

5.3. For causing material damage - within the limits determined by the labor, criminal and civil legislation of the Russian Federation.

The job description was developed in accordance with [name, number and date of the document].

Head of structural unit

[initials, last name]

[signature]

[day month Year]

Agreed:

Head of the legal department

[initials, last name]

[signature]

[day month Year]

Familiarized with the instructions:

[initials, last name]

[signature]

[day month Year]

limited liability ">Limited Liability Company "Beta"
LLC "Beta"

!} APPROVE
CEO
LLC "Beta"
___________________ A.I. Petrov

25.03.2013

Seller job description draft beer

25.03.2013 № 316-CI

Moscow city

1. GENERAL PROVISIONS

1.1. This Job Description defines job duties, rights and responsibilitiesDraft beer sellerLLC "Beta".

1.2. Draft Beer Selleris appointed to a position and dismissed from a position in accordance with the procedure established by the current labor legislation by order on submissionsenior salesperson of LLC "Beta".

1.3. Draft Beer Sellerreports directlysenior salesman LLC "Beta".

1.4. For the position Draft beer sellerappoint a person who hassecondary vocational education without presenting requirements for work experience or primary vocational education and work experience in the specialty for at least one year.

1.5. Draft Beer Seller must know:
- the procedure for receiving food products;
state standards and specifications for the goods sold, them basic properties, merchandising characteristics;
– conditions of storage of goods;
- rules for classifying products as defective;
– rules for the sale of beer and restrictions on sale established by law;
- the simplest methods for determining the quality of food products;
- principles of window dressing (rules for displaying goods and rules for product neighborhood);
the procedure for conducting an inventory, compiling and processing commodity reports, certificates for marriage, shortage, regrading of goods and acceptance certificates for the transfer of material assets;
– customer service rules, including modern forms and methods service;
- fundamentals of aesthetics and social psychology;
- rules for working with cash register established procedure for receiving and depositing money;
- signs of solvency of state banknotes.

1.6. In its activityDraft Beer Sellerguided by:
- normative acts and methodological materials on the work of trade organizations;
– local regulationsLLC "Beta", including the Internal Labor Regulations;
- orders (instructions)General Director of LLC "Beta"and immediate supervisor
– rules on labor protection, safety precautions, industrial sanitation and fire protection;
- this Job Description.

1.7. During the period of absenceDraft beer sellerits duties are assigned to other sellersLLC "Beta".

2. JOB RESPONSIBILITIES

Draft Beer Sellerperforms the following duties:
2.1. Serves buyers (includingadvises customers on the range of beer,pours beer into containers of various sizesrelated products">, sells dried fish, chips, crackers and other related products).
2.2. Inform uet immediate supervisor (andif necessaryGeneral Director of LLC "Beta") about existing shortcomings in customer service and measures taken to eliminate them.
cash receipt the buyer.
2.4.">2.3. Calculates the cost of the purchase, issues a cash receipt to the buyer.
2.4.
Receives beer and goods from the warehouse.
2.5. Places dried fish, chips, crackers and other related products on displayby type to ensure the convenience of working with them.
2.6. Complies with the restrictions established by law related to the sale of alcoholic products, beer and beer drinks:
– does not sell beer and beer drinksfor underage buyers;
- if the seller has doubtsthat the buyerbeer and beer drinks came of age,the seller may require him document certifyingidentity and allowing to establish his age;
- does not sell beer and beer drinks to customersfrom 23:00 to 08:00 local time.
2.7. controls it properly condition commercial equipment, which P parent directly works.
2.8. Compiles commodity reports, acts for marriage, shortage, regrading of goods and acceptance e acts (when transferring goods).
2.9. Accepts from part of the inventory.
2.10. Resolves controversial issues with buyers in the absence of representatives of the administration.
2.11. Supervises IT work and helps in work newly employed m seller am .
2.12. Ensures cleanliness and order to the workplace.

3. RIGHTS

Draft Beer Seller has the right to:
3.1. Demand from your immediate supervisor andGeneral Director of LLC "Beta" assistance in the performance of official duties and the exercise of rights.
3.2. Improve your skills.
3.3. Request personally or on behalf of the immediate supervisor from employees the reports and documents necessary for the performance of official duties.
3.4. Get to know the draft solutionsGeneral Director of LLC "Beta"relating to activitiesDraft beer seller.
3.5. Submit proposals to your line managerconcerning his professionalactivities, including raising questions about improving their work, improving the organizational and technical conditions of work, increasing wages, about payment overtime work in accordance with the legislation and regulations governing the system of remuneration of employeesLLC "Beta".
3.6. receive from workersLLC "Beta"information necessary to maintain labor activity.

4. RESPONSIBILITY