The concept and features of liability under labor law

One of the types of liability in labor law is financial liability, the subjects of which can be the employee and the employer. An employee's financial liability is one of the means of protecting property and represents the legal obligation of the employee to compensate for the damage caused by him. An employment contract or written agreements attached to it may specify the financial liability of the parties to this contract. The contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher, than provided for Labor Code or other federal laws (Article 232 of the Labor Code). Financial liability of the parties to an employment contract arises for damage caused by one party to the other as a result of culpable unlawful behavior (action or inaction), unless otherwise provided by the Labor Code or other federal laws. Each side employment contract must prove the extent of the damage caused to her.

In addition to holding the employee financially liable, the employer has the right to simultaneously apply disciplinary measures against him and deprive him of the right to receive bonus payments.

Labor legislation provides for both individual and collective financial responsibility of workers.

By regulating compensation for material damage, labor legislation (Articles 238 – 250 of the Labor Code) pursues the following goals:

a) full or partial compensation for damages;

b) providing educational and disciplinary influence on both the employee and the team;

c) security wages employee from illegal deductions.

An employee, with the consent of the employer, may voluntarily compensate for the damage caused to the employer in full or in part, transfer equivalent property to compensate for the damage, or repair the damaged property.

Labor legislation establishes the conditions for the occurrence of material liability, which include:

a) The presence of direct actual damage (Article 238 of the Labor Code). Direct actual damage is a real decrease in the employer’s available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or unnecessary payments for the acquisition or restoration of property (Article 238 of the Labor Code).

The exception is cases (Article 277 of the Labor Code) when the calculation of losses is carried out in accordance with the rules provided for by civil law, i.e. taking into account lost income, if the damage was caused by unlawful actions of the head of the organization;

b) Illegality of the employee’s conduct – failure to comply labor responsibilities, established by law, internal rules labor regulations, orders and instructions (written) of the employer. Damage resulting from the action force majeure, normal economic risk, extreme necessity or necessary defense, as well as the employer’s failure to provide proper conditions for storing property entrusted to the employee (Article 239 of the Labor Code) cannot be imposed on the employee.

c) The employee’s guilt in causing the damage. Guilt expresses a person’s mental attitude towards the unlawful act he commits and the result caused by it. The legislation provides for two forms of guilt: intent (direct or indirect), negligence (frivolity or negligence).

The burden of proving the employee's guilt lies with the employer.

d) There is a causal connection between the employee’s act and the actual damage. The employer is obliged to establish as a result of whose specific actions (inaction) the material damage was caused or the degree of participation of each guilty employee.

Thus, financial liability is the legal obligation of an employee to compensate, within the limits and procedure established by labor legislation, direct actual damage caused by his guilty unlawful act to the employer’s property.

Types of financial liability

Labor legislation provides for two types of liability: full and limited.

Full financial liability is an exception to general rule application of financial liability and can be applied in cases directly provided for by federal legislation.

Limitation of liability is due to wages- the amount of the employee’s average monthly earnings (Article 241 of the Labor Code) on the day the damage was discovered, based on the last 12 months. Limited financial liability is recognized by labor legislation as the main type of financial liability.

Labor legislation determines cases of full financial liability of an employee, which are influenced by the peculiarities of labor duties, the specifics of work and other characteristics. The conditions for full financial liability are:

In accordance with the law and labor duties, the employee is entrusted with financial responsibility in full (Article 243 of the Labor Code).

1. In case of a shortage of valuables entrusted to the employee on the basis of a special written agreement in connection with the specifics of the work performed or their receipt under a one-time document (Articles 243, 244, 245 of the Labor Code). In this case, the employee’s liability may arise if the following conditions are met: 1) reaching the age of 18; 2) occupying a position or performing work specified in a special list; 3) in the presence of a written agreement.

An agreement on full financial liability can be concluded only with employees who are directly related to the storage, processing, sale (vacation), transportation or use in the production process of material assets belonging to the employer. The agreement on full financial responsibility will be additional to the employment contract. In its absence, the employee’s full financial liability cannot take place.

The employee’s full financial liability also arises for the shortage of valuables received by the employee under one-time documents (power of attorney), when he is engaged for urgent receipt, delivery, or transfer of material assets.

2. Intentional infliction of damage (Article 243). The employer must prove that the employee intentionally caused damage. Otherwise, the full liability of the employee is not allowed.

3. Causing damage in a state of alcoholic, narcotic or toxic intoxication (Article 243 of the Labor Code). At the same time, the form of guilt, as well as the specialty or profession of the employee, do not matter. The state of intoxication must be documented, i.e., an appropriate certificate from a medical institution. If the employee refuses to be examined, then the fact of intoxication can be confirmed by witness testimony, timely drawing up of an act at the place of work on the employee being in such a state.

4. Causing damage as a result of criminal actions established by a court verdict (Article 243 of the Labor Code). The legislator emphasizes that it is necessary to have not only the very fact of initiating a criminal case, but also a court verdict, where the criminal nature of the employee’s actions will be proven. The release of an employee from criminal punishment under an amnesty act does not free him from full financial responsibility, since a court verdict has established the criminal nature of his actions. In cases of termination of a criminal case at the stage of preliminary investigation, as well as in cases of acquittal, full financial liability is not allowed.

5. Causing damage as a result of an administrative violation established government agency(Article 243 of the Labor Code). An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of the Russian Federation on Administrative Offenses or the laws of the constituent entities of the Russian Federation provides for administrative liability. In this case, the employer will have the right to hold employees financially liable in full in the event of a court decision or a decision by the federal labor inspection body.

6. There was a disclosure of information constituting a state or other secret protected by law (Article 243 of the Labor Code). An employment contract (Article 57 of the Labor Code) may provide for conditions on non-disclosure of secrets protected by law (state, official, commercial and other).

7. The damage was not caused while the employee was performing his job duties (Article 243 of the Labor Code). The employer must prove that the employee was not performing his job duties at the time the damage was caused and his behavior was contrary to the interests of the employer.

Concept and procedure for determining the amount of damage

Current labor legislation provides for the possibility of compensation for damage caused to the employer in several ways. This could be: 1) voluntary compensation for damage by the employee himself; 2) compensation for damage by order (order) of the employer; 3) compensation for damage judicial procedure.

Determining the amount of damage caused can be done in two ways - in general and in a special manner.

The general procedure provides for two ways to determine the amount of damage: 1) based on actual losses based on market prices prevailing in the area on the day the damage was caused; 2) based on the value of the property according to data accounting taking into account the degree of wear and tear of this property. Obviously, the second method will be applied in the case when, taking into account market prices, the amount of damage turns out to be lower than the value of the property according to accounting data. Accounting is an orderly system of collecting, registering and summarizing information in monetary terms about the property, obligations of organizations and their movement through continuous, continuous and documentary accounting of all business transactions. The objects of accounting are the property of organizations, their obligations and business transactions carried out by organizations in the course of their activities. When using accounting data, the amount of damage is documented.

A special procedure applies in cases where:

1) damage to the employer is caused by theft, intentional damage, shortage or loss certain types property and other valuables;

2) the actual amount of damage caused exceeds its nominal amount.

3. Financial liability of the employer to the employee

Labor legislation protects the interests of workers equally as well as employers in the area of ​​financial liability. The head of the organization bears full financial responsibility to the employee and the organization, regardless of whether an entry about it is included in his employment contract or not.

In the legal literature, there are three groups of cases of liability of the employer to the employee, depending on the violation labor rights employee:

1. Compensation for property damage resulting from violation by the employer of the employee's right to work.

2. Compensation for damage caused by violation of the employee's right to health protection, healthy and safe conditions labor in connection with causing him a labor injury or occupational disease.

3. compensation to the employee for damage caused by the violation by the employer of other rights of the employee in labor relations, for example, the right to protect his personal property, in connection with the failure to ensure the safety of the employee's personal belongings during work.

The employer bears material liability to the employee, which is of a property nature (Chapter 38 of the Labor Code) in the following cases:

a) Illegal deprivation of the employee of the opportunity to work (Article 234 of the Labor Code), if the employee did not receive earnings as a result of:

illegal removal of an employee from work, his dismissal or transfer to another job;

non-fulfillment or untimely execution by the employer of the decision of the labor dispute resolution body on the reinstatement of the employee to his previous job;

delays in issuing a work book, entering into it an incorrect or non-compliant formulation of the reason for the employee’s dismissal;

invited by transfer from another employer, as well as in cases of untimely conclusion of an employment contract due to the fault of the employer. If, as a result of refusal or untimely conclusion of an employment contract, an employee has forced absenteeism, then the employer is obliged to compensate him for material damage in relation to the rules that are established for paying for forced absenteeism of an illegally dismissed person;

other cases of violation by the employer of labor legislation.

b) Causing damage to the employee’s property by the employer (Article 235 of the Labor Code). The employee’s application for compensation for damage is sent by him to the employer, who is obliged to consider this application and the corresponding decision within ten days from the date of its receipt. If the employee does not agree with the employer’s decision or has not received a response fixed time, the employee has the right to file a claim in court. If the employee agrees, damages may be compensated in kind.

c) Delays in paying wages to an employee (Article 236 of the Labor Code). This provision is new to Russian labor legislation. Violation of the deadline for the payment of wages, vacation pay, dismissal payments and other payments due to the employee entails the employer’s obligation to pay (in addition to these payments) monetary compensation (interest) in an amount not lower than the rate of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time amounts paid on time for each day of delay after the established payment deadline.

d) Compensation for moral damage caused to the employee (Article 237 of the Labor Code). This basis for the employer’s financial liability is also new for Russian labor legislation. When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other noteworthy circumstances, takes into account the degree of physical and moral suffering associated with the individual characteristics of the person who suffered harm (see Part 2 of Article 151 of the Civil Code).

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

Material liability of employees- this is a statutory obligation of workers to compensate in whole or in part the direct actual damage caused by their illegal and guilty actions to the employer for whom they work. Financial liability applies regardless of whether the employee is brought to disciplinary, administrative or criminal liability. Financial liability should be distinguished from such measures of material influence as deprivation or reduction of bonuses, remuneration based on the results of work for the year, etc.

Conditions of liability

Material liability of employees occurs if the following conditions are met: 1) the presence of direct actual damage, that is, loss, deterioration or decrease in the value of property, the need to incur costs for restoration, acquisition of property or other valuables, or excessive payments. At the same time, lost income, that is, those amounts by which the tenant’s property would have increased if the debtor had not committed an offense, are not taken into account; 2) the illegality of the employee’s behavior that caused the damage. It is expressed in the fact that the employee does not fulfill or improperly performs the labor duties assigned to him by regulations, internal labor regulations, instructions and other mandatory rules, orders and instructions of the employer; 3) the presence of a causal relationship between the employee’s behavior and the damage caused; 4) the presence of guilt in the employee’s behavior in the form of intent and negligence.

It is unacceptable to hold an employee responsible for harm that falls into the category of normal production risk (experimental production, introduction of new technologies, etc.)

Types of financial liability (full and limited)

Article 402 of the Labor Code establishes that employees, as a rule, bear full financial responsibility for damage caused to the employer through their fault. Legislation, collective agreements, and agreements may establish limited financial liability of employees for damage caused to the employer through their fault, with the exception of cases provided for in Article 404 of the Labor Code.

Limited financial liability means that the employee is obliged to compensate for damage in the amount of his actual damage, but the amount of compensation cannot exceed the average monthly salary. Limited financial liability is currently provided for in accordance with Article 403 of the Labor Code only in two cases:

employees - in the amount of damage caused through their fault, but not more than their average monthly earnings for damage or destruction due to negligence of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or destruction due to negligence of instruments, measuring instruments, special clothing and other items issued by the employer to the employee for use;

heads of organizations, their deputies, managers structural divisions and their deputies - in the amount of damage caused through their fault, but not more than three times the average monthly earnings, if the damage was caused by incorrect accounting and storage of material or monetary assets, failure to accept necessary measures to prevent downtime or production of substandard products. This responsibility is borne by the managers and their deputies of any structural divisions provided for by the charter (regulations) of the enterprise.

Average monthly earnings are determined based on the calculation of the last two calendar months work of the employee who caused the damage. If an employee has worked for an employer for less than two months, then his average earnings are determined based on the time actually worked.

Full liability.

Full financial responsibility- this is liability in the amount of damage caused without limiting it to any limit. Full financial liability occurs if no exceptions are made from the general rule on full financial liability. In addition, full financial liability in cases provided for in Article 404 of the Labor Code.

Most often, full financial responsibility occurs when a written agreement on full financial responsibility is concluded between the employee and the employer.

Written agreements on full financial responsibility can be concluded by the employer with employees who have reached the age of 18, occupy positions or perform work directly related to the storage, processing, sale (release), transportation or use in the production process of the valuables transferred to them. An approximate list of such positions and works, as well as an approximate agreement on full individual financial responsibility, are approved by the Government of the Republic of Belarus.

Full individual financial liability can be established if the following conditions are met: 1) commodity-money assets are transferred to the employee for reporting, that is, he is personally responsible for their safety and sale (small retail workers, storekeepers, cashiers, bartenders, forwarders, etc. .); 2) the employee has created conditions for the storage, sale and processing of material assets (isolated premises, etc. 3) the employee independently reports to the accounting department for the assets entrusted to him.

A special form of full financial liability is collective (team) financial liability, which is introduced when employees jointly perform work related to the storage, processing, sale (release), transportation of valuables transferred to them, when it is impossible to delimit the financial responsibility of each employee and conclude an agreement with him on individual financial liability

Collective liability is introduced if the following conditions are simultaneously present: 1) work is performed jointly; 2) it is impossible to delimit the financial responsibility of each employee and conclude an agreement with him on full individual financial responsibility; 3) the employer has created conditions for employees to work normally and ensure the safety of the valuables transferred to them,

4) the employee (team member) has reached the age of 18.

A written agreement on full financial responsibility provides a list of the main responsibilities of the employee and the employer. The employee undertakes to take care of the material assets transferred to him for storage or for other purposes and take measures to prevent damage, promptly inform the employer about all circumstances that threaten the safety of the valuables entrusted to him, make proposals to the employer for the reconstruction and repair of warehouse premises and sites in order to improve their suitability for storing material assets, keeping records. Compile and submit commodity-money and other reports on the movement and balances of valuables in the prescribed manner. In turn, the employer undertakes to: create for the employee the conditions necessary for normal work and ensure the safety of the property entrusted to him, familiarize the employee with the current legislation on the financial liability of employees, as well as current instructions, standards and rules for storage, acceptance, processing, sale (vacation) , transportation or use in the production process of the valuables transferred to him, carry out an inventory and write-off of material assets in the prescribed manner.

The team assumes full financial responsibility for all inventory items (goods, containers, materials) transferred to it for reporting. The written agreement is drawn up in two copies, one of which is kept by the employer, and the second by the employee. The contract applies to the entire period of work with material assets entrusted to employees.

The basis for bringing workers or team members to financial liability is material damage caused through their fault by failure to ensure the safety of property and other valuables (shortages, damage) transferred to them for storage, sale or for other purposes and confirmed by an inventory sheet.

Compensable damage caused by the team is distributed among its members in proportion to the actual time worked for the period from the last inventory to the day the damage was discovered.

Material

Material

adj., used compare often

Morphology: material, material, financially, material; more material; nar. financially

1. Material world is the surrounding world, which a person perceives with the help of the senses: sight, hearing, touch, smell, taste.

Nothing disappears in the material world.

2. Material is an object that exists in reality and is made of a certain substance, material, etc., and which can be perceived with the help of the senses.

Items of material culture. | The Baikal darkness is so charming that you can literally feel it like a material object, velvety and tender.

3. Material benefits are money, property that you have or use.

He worked in the open air, not seeking material wealth, not tormented by ambitious desires. | Happiness does not depend on material goods.

4. material well-being or welfare is good financial position person or society.

He believed that a person without a diploma is just nobody, he has no chance of either a career or achieving material well-being.

5. Financial situation of a person is his security with money and property.

Difficult financial situation. | He decided to improve his financial situation.

6. Material interest or material interest is an expectation from something, for example, work, good income.

People's concerns about their material interests and disregard for the spiritual world always outraged him.

7. If anyone applies to anyone or anything material damage, which means it brings losses to this person or enterprise.

Andrei drooped, threatening with all his appearance to cause material damage to the Oriental Restaurant.

8. Material assistance is financial (food, etc.) assistance, which is usually allocated to low-income people.

Students received financial assistance from local authorities.

9. Material liability is the employee's responsibility for cash enterprises or organizations.

I was financially responsible for the event.

10. If you financially secure, which means you have enough money to lead a comfortable life.

I can say that I am financially secure.

11. If you financially dependent (dependent) from someone, which means you live at the expense of this person.

Children are always financially dependent on adults. | She did not want to be financially dependent on her rich stepfather.

Explanatory dictionary of the Russian language Dmitriev. D. V. Dmitriev. 2003.

Antonyms:

See what "material" is in other dictionaries:

1) material, gross, sensual, carnal as opposed to ideal; 2) substantive (relating to the very essence of the object) as opposed to formal (relating to the appearance, shape of the object). Dictionary of foreign words included ... ... Dictionary of foreign words of the Russian language

Substantial, real, corporeal, physical; objective, materialized, clothed in flesh, clothed in flesh, property, mundane, financial, monetary. Ant. ideal, unreal Dictionary of Russian synonyms. material 1. material… Synonym dictionary

And material, material, material; material, material, material. 1. only full. forms. Adj. to material in 1 value. Head of the material department. Material warehouses. 2. only full. forms. Adj., by meaning income related... Ushakov's Explanatory Dictionary

- (lat. material) bodily, material as opposed to immaterial; the accentuated moment of content (and, therefore, of the reality described by it) as opposite to the formal. Philosophy: Encyclopedic Dictionary. M.: Gardariki. Under… … Philosophical Encyclopedia

material- MATERIAL, material, physical ... Dictionary-thesaurus of synonyms of Russian speech

- [rya], aya, oh; flax, flax. 1. see material. 2. Real, real, as opposed to. spiritual. M. world. 3. full Relating to the standard of living, to income, to earnings. Financial situation. Financial incentives. Material part (special)… … Ozhegov's Explanatory Dictionary

Material- material, physical, real; for example, the material world... The beginnings of modern natural science

material- ▲ associated (with) matter materiality. material associated with matter. physical. real. ↓ hereditary, material culture, reward... Ideographic Dictionary of the Russian Language

Material- m., in meaning noun An employee who performs the duties of the manager of the material part of a gold mine or mine. Material clerk, manager of mine barns and warehouses and issuing from them, as well as receiving supplies and all... ... Dictionary of gold mining of the Russian Empire

material- material, material. Pronounced [material], [material] ... Dictionary of difficulties of pronunciation and stress in modern Russian language

Books

• Mother Earth. Vedic teaching about life, Usanin Alexander Evgenievich. The material world is a spiritual school. Those souls that are focused only on themselves are found in the bodies of minerals, crystals and precious stones. As her range of interests expands...

Give the concept of financial responsibility of the parties to an employment contract. List the types of financial liability of the employee and the employer. Describe the procedure for holding an employee financially liable for damage caused to the employer.

Material liability of the employee for damage caused to the employer - it is the obligation of the employee to compensate, within the limits and in the manner prescribed by law, the damage caused through his fault to the employer with whom he has an employment relationship.

Limited financial liability;

Full liability.

Limited liability may occur if they are established by the Labor Code, collective agreements, agreements.

Limited financial liability is borne by:

1) employees - in the amount of the damage caused through their fault, but not more than their average monthly earnings for damage or negligent destruction of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or negligent destruction of tools , measuring instruments, special clothing and other items issued by the employer to the employee for use for the implementation of the labor process;

2) heads of organizations, their deputies, heads of structural divisions and their deputies - in the amount of damage caused through their fault, but not more than three times the average monthly earnings, if the damage was caused by incorrect accounting and storage of material or monetary assets, failure to take necessary measures to prevent downtime or release of substandard products.

Full financial responsibility occurs if no exceptions are made from the general rule of full financial liability, and also in accordance with Art. 404 TK.

Full financial liability based on a special written agreement(clause 1 of Article 404 of the Labor Code) occurs when a written agreement is concluded between the employee and the employer on the employee’s assumption of full financial responsibility for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes.

Written agreements on full financial responsibility can be concluded by the employer with employees who have reached the age of eighteen, occupy positions or perform work directly related to the storage, processing, sale (release), transportation or use in the production process of the valuables transferred to them.

An approximate list of such positions and works, as well as an approximate agreement on full individual financial responsibility, are approved by the Government of the Republic of Belarus. Taking into account the indicative list, the employer has the right, on the basis of a collective agreement, and in its absence, to independently approve sample list positions and works replaced or performed by employees with whom written agreements on full individual liability may be concluded.

When considering disputes arising in connection with the application of measures disciplinary action to employees who have refused to conclude an agreement on full liability for the safety of material assets, it is necessary to proceed from the terms of the employment contract.

If the fulfillment of duties for the maintenance of material assets is for the employee his main labor function, which is agreed upon when hiring, then in accordance with current legislation an agreement on full financial liability may be concluded with him. Refusal to conclude such an agreement without good reason is considered as a failure to fulfill labor duties with all the ensuing consequences. In case of refusal to conclude an agreement under good reasons the employer is obliged to offer the employee another job.

If the conclusion of an agreement on full liability was not stipulated when hiring, then the employee must be warned of the need to conclude a written agreement on full liability no later than 1 month in advance. If he refuses to continue working in the new conditions, he may be dismissed under paragraph 5 of Art. 35 TK.

Conditions for establishing collective responsibility:

The work provided for by the relevant List is performed by employees jointly;

It is impossible to distinguish between the liability of each employee on the basis of an individual liability agreement;

Each employee is over 18 years of age.

Members of the collective are exempt from compensation for damage if:

It was established that the damage was caused through no fault of theirs;

The specific culprits of the damage caused from among the members of this team are known;

Full financial responsibility for property and other valuables received under account under a one-time power of attorney or other one-time documents(Clause 2 of Article 404 of the Labor Code).

The circle of persons who may be issued powers of attorney or other one-time documents to receive property or other valuables is not defined by law. Frequently, forwarders, drivers, supply managers, suppliers and other persons are involved in carrying out such operations.

The peculiarity of receiving material assets under a one-time power of attorney or other one-time documents is that the employee receives them not for storage, but, as a rule, to perform some one-time transactions (for example, receiving goods and delivering them to the organization). The employee is responsible for the property or valuables that appear in the issued and properly executed one-time document.

A one-time power of attorney or other documents for transactions with material assets can be issued only to persons working for a given employer. An employee’s refusal to receive material assets using one-time documents to perform operations that are not within the scope of his duties is not a violation of labor discipline, since full financial responsibility can be assigned to the employee only with his consent.

A person who has received a power of attorney signed by the manager and chief accountant or their authorized persons is obliged, no later than the next day after receiving the valuables, regardless of whether they were received by power of attorney in whole or in part, to submit to the accounting department of the enterprise documents on the execution of the order and on delivery to the warehouse or to the relevant person of the received values.

It is not prohibited to issue valuables against account under a one-time power of attorney or other one-time documents to persons under 18 years of age.

According to paragraph 3 of Art. 404 of the Labor Code, the employee bears full financial responsibility for damage caused by his actions containing signs of criminally prosecutable acts. Evidence confirming the commission of such an act must be established in criminal proceedings by a court verdict or a decision of the investigative authorities.

Financial liability in the full amount of the damage caused is also imposed if it was caused by actions containing signs of crimes, but the employee was released from criminal liability due to the expiration of the statute of limitations for criminal prosecution or an amnesty act, as well as if the criminal proceedings were terminated in connection with administrative liability.

If the court makes an acquittal due to the absence of corpus delicti, as well as if a criminal case is terminated on this basis at the stage of preliminary investigation, the employee cannot be held financially liable under clause 3 of Art. 404 of the Labor Code, which does not exclude liability in full under other provisions of Art. 404 TK.

If brought to full financial liability under clause 3 of Art. 404 of the Labor Code, the court has the right to impose joint liability on the defendants if it is established that the damage was caused by the joint intentional actions of several employees. Joint and several financial liability does not arise for persons who, although convicted in one case, are for independent crimes, as well as for persons, some of whom are convicted of intentional crimes, and others of those committed through negligence.

Full financial liability associated with damage caused by an employee who was under the influence of alcohol, drugs or toxic substances(clause 4 of article 404 of the Labor Code).

Proof of the fact that an employee is intoxicated is a medical report, report, or protocol. These documents must be drawn up on the day the employee appears intoxicated. However, the absence of documents does not deprive the court of the right to interview witnesses if necessary.

Full financial liability in connection with damage caused by shortages, intentional destruction or intentional damage to materials, semi-finished products, products (products), including during their manufacture, as well as tools, measuring instruments, special clothing and other items issued by the employer to the employee in use for carrying out the labor process(Clause 5 of Article 404 of the Labor Code).

The main difference from financial liability under clause 5 of Art. 404 of the Labor Code from financial liability under paragraph 1 of Art. 403 of the Labor Code is in the form of guilt. In the second case, liability arises in case of damage or destruction of property due to negligence, and in the first case - in case of shortage, as well as intentional destruction or intentional damage to the same property.

Full financial liability for damage caused while not performing work duties(Clause 6 of Article 404 of the Labor Code), occurs when an offense is committed in free time from work or in work time, but the employee does not fulfill his job duties. In this case, the guilty person is compensated for the damage in full, including income not received by the employer, using the norms of civil law.

For example, while using the employer's car for personal purposes, the employee caused an accident, causing damage. The guilty person shall be compensated for the damage in full, including the income not received by the employer from the use of the specified technical means.

Material liability

1. Concept, types and conditions of liability

2. Types of employee liability

3. Procedure for applying financial liability

4. Financial liability of the employer

1. Concept, types and conditions of liability

Material liability- it is the obligation of the party to the employment contract that caused damage to the other party to compensate it in the amount and in the manner prescribed by law.

Liability is an independent type of liability and a specific measure of material impact.

Reasons occurrence of financial liability:

1) unlawful behavior of the employee;

2) the presence of actual damage;

3) a causal relationship between the unlawful behavior of the employee and the onset of direct actual damage;

4) the presence of the employee’s guilt.

Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by this Code or other federal laws.

Types of financial liability:

employee before employer

employer to employee

2. Types of employee liability

Types of financial liability of employees:

limited

collective

Limited financial responsibility is characterized by the following features:

1) it provides for compensation by the employee for damages within a predetermined limit (not more than the average monthly salary);

2) the average monthly salary is determined on the basis of the last 3 calendar months;

3) the legislation does not provide for a list of cases of damage for which limited liability is provided.

At full material liability, damages are compensated in in full and is not limited to a predetermined limit.

Cases, in which the employee bears full financial responsibility:

1) If the employee, in accordance with applicable law, is fully liable for damage caused to the enterprise in the performance of labor duties.

2) If an agreement on full liability is concluded between the employee and the employer or if the property was received under a one-time document

Employee age over 18 years

Nature of work (material assets transferred)

3) If the damage is caused by intentional destruction or damage to property.

4) If the damage was caused by an employee who was in a state of intoxication, in a state of toxic or narcotic intoxication.

5) If the damage was caused by the employee’s actions containing signs of criminally prosecutable acts.

6) If the damage was caused as a result of an administrative violation.

7) Disclosure of information constituting a secret protected by law (official, commercial or other), in cases provided for by federal laws.

8) If the damage was not caused during execution official duties.

Employees under the age of 18 bear full financial liability only for intentional damage, damage caused while under the influence of alcohol, drugs or toxic substances, as well as for damage caused as a result of a crime or administrative violation.

Collective material liability:

valuables are entrusted to a predetermined group of workers, which takes responsibility for their safety;

the list of works during which it is installed is approved by law;

established by agreement of all team members;

in case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer;

when recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.

3. Procedure for applying financial liability

1. The amount of damage caused to the employer in the event of loss or damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

2. Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence.

3. To establish the cause of the damage, a statement must be required from the employee.

4. Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

5. If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then the recovery is carried out in court.

6. An employee who is guilty of causing harm to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage by installments is allowed.

7. With the consent of the employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property. Compensation for damages is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.

4. Financial liability of the employer

The employer is obliged to compensate the employee for material damage (lost earnings) in cases of illegal deprivation of his opportunity to work:

1) illegal removal of an employee from work, his dismissal or transfer to another job;

2) the employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job;

3) delay by the employer in issuing a work book to the employee, entering into work book incorrect or non-compliant formulation of the reason for the dismissal of an employee;

4) other cases provided for by federal laws and the collective agreement.

The employer bears financial responsibility for delayed wages: if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the current this is the time of the Central Bank refinancing rate Russian Federation from amounts not paid on time for each day of delay.

The employer is liable for damage caused to the employee's property:

1) reimburses in full;

2) the amount of damage is calculated at market prices in force in the given area at the time of compensation for damage;

3) with the consent of the employee, damage can be compensated in kind;

4) the employee’s application for compensation for damage is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt;

5) if the employee disagrees with the decision of the employer or does not receive a response within the prescribed period, the employee has the right to apply to the court.

The employee compensates for moral damage caused to the employee:

1) damage is compensated in cash;

2) the amount is determined by agreement of the parties;

3) in the event of a dispute, the amount is determined by the court.