Legislation on liability of workers for damage. The employee and the material damage caused: when they answer with a salary. Is it possible to reduce the amount of compensation for the damage caused?

18.05.2020

Liability for damage caused to the employer (organization, enterprise, institution and individual entrepreneur) can be borne by any employee - both an ordinary employee and a manager. fundamental legislative act, which determines the obligation of the employee to compensate for the damage caused to the employer, is the Labor Code Russian Federation, which in ch. 39 "The material liability of the employee" establishes what kind of damage is subject to compensation and under what conditions the employee is obliged to compensate for this damage. In addition, the Labor Code of the Russian Federation defines the limits and procedure for recovering damages, provides guarantees when imposing on an employee liability, as well as the right of the employer to refuse to recover damages. Knowledge of the provisions of the Labor Code of the Russian Federation will allow the heads of organizations and individual entrepreneurs correctly determine the cases of application of one or another type of liability, its limits, as well as the guilt of a particular employee (employees) on whom it is assigned.

According to Part 1 of Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate for the direct actual damage that he caused to the employer.

Liability for damage caused to the employer is assigned to the employee only if the damage was caused through his fault. Only those employees with whom a written agreement on full liability has been indemnified in full. Responsibility for the damage caused is not removed from the employee even after the termination labor relations if the damage was caused during the term of the employment contract. Liability implies the deduction of funds from the employee to compensate for the material damage caused to him in the manner and amount established by the Labor Code of the Russian Federation. When determining the amount of damage, only direct actual damage is taken into account and the lost income that the employer could have received, but did not receive as a result of the illegal actions of the employee, is not taken into account. lost profit. Direct actual damage is understood as a real decrease (deterioration) of the employer's cash property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs for the restoration or acquisition of property.

The amount of damage is calculated on the basis of market prices in force in the area on the day the damage was caused. But it cannot be lower than the residual value of the lost or damaged property according to accounting. When determining damage, actual losses within the established norms of natural loss are not taken into account.

Not collected from the employee material damage if it arose as a result of force majeure - an extraordinary and unavoidable event, the elimination of a danger threatening a person, due to the necessary defense. Liability also does not arise if the employer himself fails to fulfill his obligations to ensure proper conditions for the storage of property entrusted to the employee (Article 239 of the Labor Code of the Russian Federation). Thus, labor legislation expressly provides that an employee can be considered guilty of causing damage if his actions are committed intentionally or through negligence, i.e. illegal. Particular attention should be paid to the provision of art. 240 of the Labor Code of the Russian Federation, which provides for the right of the employer, at its discretion, to decide on the issue of bringing the employee to liability: to recover from him the cost of damage or to completely or partially refuse to recover from the guilty employee the damage caused by him.

In the event that the employer decides to recover from the employee the damage caused by him, then his compensation is made in the amount of two types of liability provided for labor law, - limited and full (Articles 241, 242 of the Labor Code of the Russian Federation).

In case of limited material liability, the damage is compensated in the amount not exceeding the average monthly earnings of the employee. That is, the smaller of the two amounts is selected: if the damage is less than the salary, it will be fully reimbursed. If the salary is less than the damage, an amount equal to the salary is recovered, i.e. part of the damage will not be reimbursed. And this - general rule. Full material liability is an exception and is possible only for those employees who directly serve or use monetary, commodity values or other property. With full liability, the damage is compensated without any restrictions, but this type of liability can be applied only in cases provided for in Art. 243 of the Labor Code of the Russian Federation:

when, in accordance with the Labor Code of the Russian Federation or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;
shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document;
causing damage in a state of alcoholic, narcotic or toxic intoxication;
disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;

Persons under the age of 18 can only be fully liable for intentionally causing damage while under the influence of alcohol, drugs or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense (for example, in case of criminal liability for theft).

When accepting employees for certain positions or work related to the maintenance of monetary, commodity values, the heads of organizations (individual entrepreneurs) must conclude agreements with them on full individual or collective (team) liability (part 1 of article 244 of the Labor Code of the Russian Federation). If material liability is established by federal law, then in this case it is not required to conclude an agreement on full material liability.

Decree of the Ministry of Labor and social development of the Russian Federation dated December 31, 2002 No. 85 approved the Lists of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability (hereinafter - the Lists), as well as Standard forms of agreements on full liability. Employers should be guided by the Lists when concluding agreements on full liability, both individual and collective. Collective (brigade) full liability for causing damage to the employer is provided for in Art. 245 of the Labor Code of the Russian Federation. Contracts can be concluded in organizations of any organizational and legal forms and forms of ownership. Agreements on full liability may be concluded with the employees specified in the Lists, subject to the obligatory presence of the following conditions:

achievement by the employee of 18 years of age;
direct transfer of monetary, commodity values or other property for storage, processing, sale (vacation), transportation or use in the production process, i.e. for service or use.

Lists of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full liability for the shortage of entrusted property are not subject to extended interpretation. When combining professions (positions), an agreement may be concluded with an employee if the main or combined profession (position) is provided for in the Lists. An agreement on full liability concluded with an employee whose position (job) is not in the Lists has no legal force.

An employee who has entered into an agreement on full liability with a private entrepreneur is fully responsible for ensuring the safety of those values that he personally received according to an invoice or other accounting document, despite the fact that in some cases other persons also have access to these values (for example, , auxiliary workers).

An agreement on full liability is concluded with an employee on the basis of an employment contract and an order in a standard form approved by the Decree of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 No. 85. It specifies the obligations of the employee and the employer to ensure the safety of valuables. Failure by the employer to fulfill the obligations to ensure proper conditions for the storage of property entrusted to the employee is the basis for relieving the employee from liability, and in appropriate cases, for imposing the obligation to compensate for the damage on the guilty manager, his deputy or chief accountant.

The contract between the manager and the employee is drawn up and signed by the parties in two copies, one of which is with the administration, the second - with the employee. A prerequisite for the validity of the contract is the date of its conclusion, since from that moment the contract enters into force, and the employee becomes liable for the failure to preserve the values entrusted to him. For the shortage formed before the transfer of values, the employee is not responsible. In the absence of the date of conclusion of the contract, the latter is considered invalid.

The effect of the concluded agreement on full liability extends to the entire time of work with the material assets entrusted to the employee. financially responsible worker in accordance with the contract, he must promptly report all circumstances that threaten the safety of the property entrusted to him, keep records, draw up and submit to the accounting department commodity-money and other reports on the balance and movement of the property entrusted to him (commodity reports). At enterprises where commodity reports are not kept, transactions of the movement of values are recorded in accounting registers according to primary documents represented by financially responsible persons.

A financially responsible person must participate in the inventory of the values entrusted to him, and the administration of the employer company is obliged to create conditions for the employee for normal work and ensure the complete safety of the values \u200b\u200bentrusted to him, to acquaint him with the current legislation on liability, as well as other regulations on the procedure for storing, receiving , processing, selling, dispensing, transporting and other transactions with valuables.

The employee is not liable if the damage from the shortage or damage to valuables occurred through no fault of his. This condition must be specified in the contract. In addition, this agreement provides for full liability only for the shortage and damage to valuables. In all other cases, the damage is compensated in accordance with the provisions of the Labor Code of the Russian Federation on limited liability.

About full financial responsibility

To begin with, let's define what full liability is in accordance with the norms of the Labor Code of the Russian Federation. General provisions on the liability of employees to the employer are contained in Ch. 39 of the Labor Code of the Russian Federation.

According to Art. 242 of the Labor Code of the Russian Federation, the full liability of the employee consists in his obligation to compensate the direct actual damage caused to the employer in full.

Article 243. Cases of full liability

Liability in the full amount of the damage caused is assigned to the employee in the following cases:

when, in accordance with this Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;
shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
intentional damage;
causing damage in a state of alcoholic, narcotic or other toxic intoxication;
causing damage as a result of the employee's criminal actions established by a court verdict;
causing damage as a result of an administrative offense, if such is established by the relevant state body;
disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws;
causing damage not in the performance of work duties by the employee.

In order for the employer to be able to competently convict the employee of causing material damage to him, he needs to prove a number of circumstances:

wrongfulness of behavior (action or inaction) of the causer of material damage;
the fault of the employee in causing damage;
the presence of direct actual damage;
the amount of material damage caused;
compliance with the rules for concluding an agreement on full (individual or collective (team)) liability.

According to Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability may be concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property. The lists of works and categories of employees with whom these contracts may be concluded, as well as standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation.

The employee, pursuant to Art. 238 of the Labor Code of the Russian Federation, is obliged to compensate the employer only for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

In addition, Art. 239 of the Labor Code of the Russian Federation establishes a number of circumstances that exclude the liability of an employee:

the occurrence of damage due to force majeure, normal economic risk, extreme necessity or necessary defense;
non-fulfillment by the employer of the obligation to ensure proper conditions for the storage of property entrusted to the employee.

Limitation of deductions from wages

Compliance with the procedure for bringing an employee to liability involves recovering from the guilty employee, in the absence of his consent, the amount of damage caused, not exceeding the average monthly salary (by order of the employer, which can be done within the period established by the Labor Code of the Russian Federation). In this case, the restrictions on the amount of deductions from wages established by Art. 138 of the Labor Code of the Russian Federation.

Extract from the Labor Code of the Russian Federation

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.

When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages.

The restrictions established by this article do not apply to deductions from wages when serving corrective labor, collecting alimony for minor children, compensating for harm caused to the health of another person, compensating for harm to persons who have suffered damage due to the death of a breadwinner, and compensating for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent.

Article 248. Procedure for recovery of damage

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

The above approach is of general importance, and therefore it is used when bringing to liability any employee with whom an agreement on full individual liability has been drawn up.

Violation of these rules is sufficient grounds to recognize the employer's decision to hold the employee liable as unlawful.

The employee did not fulfill his duties

Consider special case from judicial practice on the full individual liability of an employee in the position of cashier-controller of a large store.

So, an employee (plaintiff), working in an LLC (defendant) as a cashier-controller, filed a lawsuit against her employer about illegal, in her opinion, deduction of a sum of money from her salary.

Respondent's position

The representative of the employer explained in court this deduction from the employee's wages. The plaintiff has been working in the LLC as a cashier-controller for more than a year; an agreement was concluded with her on full individual liability.

Counterfeit banknotes were found while depositing the proceeds with the bank. On this basis, the employer, in the presence of an agreement with the cashier-controller on full individual liability, has the full right to withhold from the wages of the delinquent employee the amount of the shortage that arose due to the presence of counterfeit banknotes in the proceeds handed over to the bank, if in job description the employee is obliged to check the solvency of banknotes. Such a job description is available and signed by the employee (the employer submitted his copy for consideration during the court session).

In accordance with the requirements of paragraph 5 h. 2 Article. 22 of the Labor Code of the Russian Federation, the employer provided the employee with special technical means control of the authenticity of banknotes in order to exclude the possibility of accepting counterfeit banknotes.

Justification of the position of the court

According to Art. 233 of the Labor Code of the Russian Federation, the liability of a party to an employment contract arises as a general rule for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.

In order to recover damages from an employee, the employer is obliged, first of all, to establish:

unlawfulness of the behavior (action or inaction) of the tortfeasor;
the presence of direct actual damage and its size;
a causal relationship between the employee's behavior and the resulting damage;
the absence of circumstances excluding the liability of the employee.

At the same time, the court proceeds from the fact that the legitimacy of concluding an agreement with the employee on full liability and the presence of a shortage, confirmed by the employer, relieve the latter from the need to prove the guilt of the employee.

However, this does not mean that the employee's failure to provide evidence of his innocence in causing damage to the employer necessarily indicates his guilty behavior. Sometimes the fact that the employee is not at fault can be established solely on the basis of evidence provided by the employer.

For example, the court refused to satisfy the claim for the recovery of a shortage, since the plaintiff did not establish the cause of the shortage, and did not provide evidence of the defendant's guilt in this. In addition, there were no legal grounds for imposing material liability on the defendant due to the plaintiff's failure to comply with the provisions of Art. 247 of the Labor Code of the Russian Federation (before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence). To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists.

Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee to provide the specified explanation, an appropriate act is drawn up, signed by several employees of the company, including the immediate supervisor.

In this case, in order to deduct from the salary of the cashier-controller, who bears full individual financial responsibility on the basis of the relevant written contract, as well as the signed job description, the amount of the shortfall resulting from the presence of counterfeit banknotes in the proceeds, the employer must comply with the specified procedure for compensation for damage and establish specified legally significant circumstances.

However, in the process of adopting this decision the following should be kept in mind.

The qualification directory of positions of managers, specialists and other employees does not include the duty to check the solvency of banknotes in the labor function of a cashier-controller. Does not establish such requirements and the Regulation on the procedure for maintaining cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation.

At the same time, the unlawfulness of the employee's behavior consists in non-performance or improper performance official duties, which are spelled out in the job description and signed by the employee.

In this regard, in order to recognize the employee's behavior as unlawful, the employer must provide evidence that this or that duty was part of the employee's labor function and was provided for by his job description. The absence of such confirmation does not allow the employer to compensate for the damage caused at the expense of the employee.

Thus, in order to withhold from the cashier the amount of shortage that arose due to the presence of counterfeit banknotes in the proceeds, it is necessary that the obligation to check the solvency of banknotes is included in the employee’s labor function and is provided for by his job description, with which he must be familiarized with signature.

This circumstance, in turn, obliges the employer to provide the employee with technical means for monitoring the authenticity of banknotes (paragraph 5 of part 2 of article 22 of the Labor Code of the Russian Federation indicates that the employer is obliged to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties).

Non-fulfillment or improper fulfillment of this provision excludes the material liability of employees, in particular, the plaintiff (cashier-controller).

Court statement

The claims of the employee (the cashier-controller of the LLC) were denied. In this case, the employer really has the right to withhold from the cashier-controller the amount of the shortage that arose due to the presence of counterfeit banknotes in the proceeds handed over to the bank.

The employer was able to prove in court that the obligation to check the solvency of banknotes was part of the employee's labor function and was provided for by his job description.

At the same time, the employer was able to fully comply with the correct procedure for bringing the employee to liability and establish all legally significant circumstances.

The amount of material damage must be withheld subject to the restrictions established by Art. 138 of the Labor Code of the Russian Federation.

Damage in the form of an administrative fine received through the fault of an employee

Consider another example from judicial practice regarding liability, but in this case we will talk about the claim of the employer against the employee.

Claimant's position

The employer (LLC) filed a lawsuit against his employee to recover material damage from him. The employer motivated his claims by the fact that the company was brought to administrative responsibility for committing an administrative offense through the fault of the employee.

The plaintiff considered that the material damage suffered by the company in the form of an administrative fine was caused as a result of improper performance of labor duties by the administrator grocery store. The duties of this employee, according to the job description signed by him, include compliance with the deadlines for the sale of goods. He signed an agreement on full liability.

Justification of the position of the court

According to paragraph 6 of part 1 of Art. 243 of the Labor Code of the Russian Federation, full liability may arise in the event of damage as a result of an administrative offense, if such is established by the relevant state body.

If the employee was released from administrative responsibility for committing an administrative offense due to its insignificance, about which a decision was issued based on the results of the consideration of the case, and an oral remark was announced to the employee, then he may be held fully liable with compensation for the damage caused, since even with the insignificance of an administrative offense, the fact of its commission is established by the court, and all signs of the offense are revealed, and the employee is released only from administrative punishment (Articles 2.9, 29.9 of the Code of Administrative Offenses of the Russian Federation (CAO RF)).

An employee who has concluded an agreement on material liability with the employer cannot be held fully liable for damage in the form of an administrative fine imposed on the organization.

Court statement

The court established the fact that the defendant really works in the LLC as an administrator of a grocery store and, according to the job description, his duties include meeting the deadlines for the sale of goods. Based on the results of the audit, it turned out that the specified store was selling food products expired.

In this regard, the LLC was found guilty of committing an administrative offense under Part 2 of Art. 14.4 of the Code of Administrative Offenses of the Russian Federation, he was sentenced to an administrative penalty in the form of a fine, which was paid within the time limits established by law.

During the court session, the employee partially admitted his guilt and did not deny the fact that expired goods were on free sale. Since a legal entity was brought to administrative responsibility and the fine was collected from it, the court concluded that the defendant could not be held liable in the full amount of the damage caused (the amount of the administrative fine), since the defendant is an individual and in relation to different amounts of penalties are applied to it than to legal entities.

The court ruled that the defendant be held liable in the amount of his average monthly earnings.

The above examples from judicial practice indicate that it is necessary to carefully study all the circumstances of the material damage caused by the employee. The employer must be well prepared for court session before filing a claim.

Typical violations when concluding agreements on full liability on the part of employers and employees

Conclusion of agreements on full liability with minors

Common violations in practice are cases of illegal conclusion of agreements on full liability with minors, whose work is not directly related to the maintenance of inventory items (for example, with assistant secretaries).

In accordance with Art. 242 of the Labor Code of the Russian Federation, employees under the age of eighteen are fully liable only for intentionally causing damage, for damage caused in a state of alcoholic, narcotic or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.

According to Art. 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability, i.e. on compensation to the employer of the damage caused in full for the lack of property entrusted to employees, are concluded with employees who have reached the age of eighteen years and directly serve or use monetary, commodity values and other property.

Thus, taking into account the above provisions of labor legislation, it should be noted that the conclusion with minor contracts on full liability for the use and preservation of, for example, office equipment, is illegal and, accordingly, such agreements are invalid. For this reason, employees may contact legal inspection labor with a statement about the violation of their labor rights.

The employee refuses to conclude an agreement on full liability

Article 244 of the Labor Code of the Russian Federation establishes the conditions under which agreements on full liability are concluded. Paragraph 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” clarifies a number of issues that arise in the event of an employee’s refusal to conclude agreements on full liability. And here you need to pay attention to the following:

when resolving disputes arising in connection with the application of measures disciplinary action to employees who refused to conclude a written agreement on full liability for the shortage of property entrusted to employees in the event that it was not simultaneously concluded with an employment contract, it is necessary to proceed from the fact that if the fulfillment of duties for servicing material assets is the main labor function of an employee, what was agreed upon when hiring, and in accordance with the current legislation, an agreement on full liability can be concluded with him, about which the employee knew that the refusal to conclude such an agreement should be considered as a failure to fulfill labor duties with all the ensuing consequences;
if the need to conclude an agreement on full liability arose after the conclusion of an employment contract with an employee and is due to the fact that, due to a change in the current legislation, the position held by him or the work performed is included in the List of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full liability, however, the employee refuses to conclude such an agreement, the employer, by virtue of Part 3 of Art. 73 of the Labor Code of the Russian Federation is obliged to offer him another job, and in the absence of it or the employee’s refusal from the proposed job, the employment contract is terminated with him in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation "Refusal of the employee to continue work in connection with a change in the essential conditions of the employment contract."

A commercial organization engages individuals under work contracts to perform certain works and at the same time requires them to conclude agreements on full liability

As follows from Art. 243 and 244 of the Labor Code of the Russian Federation, liability in the full amount of the damage caused is assigned to the employee in the performance of his labor duties. According to Art. 11 of the Labor Code of the Russian Federation, laws and other regulatory legal acts containing labor law norms do not apply to individuals working under civil law contracts.

In this way, legal grounds there are no agreements on full liability with the above individuals to conclude in such a situation. At the same time, within the framework of the Civil Code of the Russian Federation, the organization may include in the contract with the specified persons provisions providing for responsibility for the safety of material assets belonging to the organization.

An employee working in a warehouse of a large store and having access to material values refuses to conclude an agreement on full liability

In accordance with Art. 244 of the Labor Code of the Russian Federation, written agreements on full liability are concluded with employees, in addition to other conditions, also in the case of direct maintenance or use of monetary, commodity values and other property.

The lists of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) liability, as well as standard forms of contracts on full liability, were approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. In accordance with the specified Lists, the employer may conclude written agreements on full individual liability if the organization employs, in particular, procurement and (or) supply agents, transportation forwarders and other employees who receive, procure, store, record, issue , transportation of material values. Thus, the employer has the right to conclude agreements with the above employees on full liability.

As already mentioned, with regard to the refusal of employees to conclude agreements on full liability, one should keep in mind paragraph 36 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The organization concludes an agreement on full liability with the watchman for the property protected by him

As follows from Art. 244 of the Labor Code of the Russian Federation, in order to conclude an agreement on full liability, in addition to other conditions, it is also required that the agreement be concluded with employees directly serving monetary or commodity values. Therefore, contracts should not be concluded, for example, with watchmen, since they do not directly serve these values.

An exemplary contract with an employee on full individual liability.

As Appendix No. 2 to the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85, a standard form of an agreement on full individual liability is given. As a general rule, such an agreement can be supplemented with conditions that can only improve the position of the employee in comparison with the current legislation, but in no case worsen, otherwise such an agreement will be declared invalid.

On the basis of an exemplary contract, individual contracts are developed and signed in organizations. It is the signing of such an agreement that is the basis for full liability. At the same time, the contract is valid if the employee's labor function is named in the relevant List approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. Once again, we draw your attention to the fact that for the onset of such responsibility, both the mention in the List and the signing of an individual contract are necessary.

In terms of imposing responsibility on the employee for failure to ensure the safety of the property entrusted to him, it should be borne in mind that if other persons have access to the property and the right to dispose of it, the court may release the employee from liability.

The amount of damage according to Art. 246 of the Labor Code of the Russian Federation is determined by actual losses calculated on the basis of market prices in force 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 wear and tear of this property.

According to Art. 248 of the Labor Code of the Russian Federation, compensation for damage by deduction from wages is made if the amount of damage does not exceed the monthly earnings of the employee. This also applies to full liability. If the employee has caused damage in excess of his monthly earnings and is fully liable, the employer is not entitled to withhold the amount of monthly earnings in an indisputable manner, such a dispute is considered only in judicial order.

Application

An approximate form of an agreement on full individual liability

Agreement on full individual liability

Moscow "__"______2006

Limited Liability Company (hereinafter referred to as the Employer) represented by CEO Ivanov I.I., acting on the basis of the Charter, and citizen Petrov V.V., holding the position of "Warehouse Manager" (hereinafter referred to as the Employee), having the following passport data (___________), in order to ensure the safety of goods belonging to the Employer, have concluded this Agreement as follows:

1. An employee holding the position of a warehouse manager directly related to the storage of goods belonging to the Employer assumes full liability for the shortage of goods entrusted to him, as well as for damage incurred by the Employer as a result of compensation for damage to other persons.

2. The employee undertakes:

take care of the goods of the Employer transferred to him for preservation and take measures to prevent damage;
promptly inform the Employer or immediate supervisor of all circumstances that threaten the safety of the goods entrusted to him;
keep records, draw up and submit, in accordance with the established procedure, commodity-money and other reports on the movement and balances of goods entrusted to him;
participate in the inventory, audit, other verification of the safety and condition of the goods entrusted to him.

3. The employer undertakes:

create the conditions necessary for the Employee to work normally and ensure the complete safety of the goods entrusted to him. For these purposes, the Employer is obliged to provide the Employee with appropriate premises and equipment necessary to ensure the safety of the goods entrusted to him;
to acquaint the Employee with the current legislation on the material liability of Employees for damage caused to the Employer, as well as other regulatory legal acts (including local ones) on the procedure for storage, acceptance, processing, sale (vacation), transportation, use in the production process and other operations with the goods transferred to him;
carry out, in accordance with the established procedure, inventory, audits and other checks of the safety and condition of goods.

4. In case of failure to ensure the safety of the goods entrusted to him through the fault of the employee, the determination of the amount of damage caused by the Employee to the Employer, as well as the damage incurred by the Employer as a result of compensation for damage to other persons, and the procedure for their compensation are carried out in accordance with applicable law.

5. The employee is not liable if the damage was caused through no fault of his.

6. This agreement comes into force from the moment of its signing. This Agreement shall apply to the entire period of work with the goods of the Employer entrusted to the employee.

7. This Agreement is made in two copies, of which the first is kept by the administration of the Employer, and the second - by the Employee.

8. Changing the terms of this Agreement, supplementing, terminating or terminating it are carried out by written agreement of the parties, which is an integral part of this Agreement.

Addresses and signatures of the parties to the Agreement.

Paragraph 2, clause 4 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52 “On the application by the courts of legislation governing the liability of employees for damage caused to the employer” (as amended on September 28, 2010).

Often, when hiring a new employee, the employer, in addition to the employment agreement and other documents related to the internal labor schedule, requires the conclusion of an agreement on full liability.

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Of course, such actions of the employer are dictated, first of all, by the desire to protect their property. But how legitimate is such a requirement and who from the staff of the organization can be subject to full liability?

What it is

The person holding leadership position, is financially responsible in full for the true direct loss inflicted on the organization (Article 277 of the Labor Code,).

In certain situations, which are predetermined by law, the responsible person is obliged to compensate for the losses caused by his guilty actions on the basis of regulatory enactments. civil law(Article 277 of the Labor Code,).

A person who is a minor can only be fully liable for:

for intentional damage;
when applying a loss in a state of hopping (any toxic);
in case of damage resulting from an administrative offense or crime (Article 242 of the Labor Code,).

The basis for the onset of full liability may be a contract. This is concluded with an employee who has reached the age of majority, when applying for a job at the same time as labor agreement if to execute official duties money is given to him material values.

The law provides for two types of contracts:

A standard sample of such an agreement is established in accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002. The individual agreement defines the rights and obligations of the parties.

So it is stipulated that the employer is obliged to provide the employee with all the conditions necessary to preserve the property entrusted to him. In case of failure to fulfill this obligation, the employee may be exempted from liability in full or in part.

The contract must be drawn up in duplicate, each of which has equal legal force and is transferred to each of the parties.

Procedure for attracting

In order to be able to bring an employee to full liability, the employer must fulfill a number of conditions:

identify damaged or lost property through an inventory procedure;
to determine the reasons for the occurrence of damage in the process of official inquiry conducted by a specially appointed commission (Article 247,);
obtain from the hired worker a written explanation of the factors that served as the basis for the formation of losses. If the employee refuses to present one, create an appropriate act (Article 247,);
establish the amount of losses based on the actual damage in accordance with market prices at the time of the damage, but not less than the cost characteristics according to accounting information (Article 246,);
if several employees are guilty at the same time, find the degree of guilt and the volume of responsibility for each of the culprits.

In accordance with the provisions of Article 247 of the Labor Code (), the guilty employee can get acquainted with all the data of the investigation, provide data that seems necessary to him, appeal the results of the investigation if he disagrees.

The loss incurred by the employer may be collected in a pre-trial voluntary or judicial compulsory manner.

In case of damage not exceeding the employee's average monthly earnings, the loss is recovered on the basis of the employer's order without recourse to the courts.

The order must be issued no later than within a month from the date of the exact determination of the amount of damage incurred (Article 248,).

The employee, through whose fault the loss occurred, has the right to cover it voluntarily, in whole or in part. It is also permissible to compensate for losses in installments, for this, by agreement of the parties, an agreement is concluded.

In this case, the employee gives the employer an appropriate written obligation to return a certain amount within a specified period, while all amounts and dates must be accurately indicated.

If the employee gave such an obligation, but then paid off and refuses to compensate for the loss, the employer has the right to recover the amount of the debt in court (Article 248,).

If the amount of damage dealt exceeds average earnings of the guilty person, and the monthly period for compensation has expired or the guilty party refuses to voluntarily compensate for the losses, then the amount of the debt is collected exclusively through the courts (Article 248,).

In any case, if it is impossible to voluntarily find damage from the guilty person, the employer has the right to apply to the courts. The limitation period in such a situation is one year (Article 392,).

Regardless of whether the guilty employee is brought to administrative, disciplinary or criminal liability for action / inaction, he must cover the damage caused to him (Article 248,).

Order and its sample

The order on the establishment of liability in respect of employees of the organization may be of a collective or individual nature.

As a rule, such a document is accepted if it is impossible to conclude an agreement on establishing responsibility with an individual employee or a group of employees.

The following points must be clearly defined in the order:

full name of the organization that is the employer;
detailed information about the person representing the employer, specifying his position and details of documents confirming his authority;
the requirement to establish liability. It fully describes functional responsibilities persons who may be held liable;
a complete list of employees in relation to which responsibility is established. At the same time, positions and full names are indicated.

The order must be certified by the signatures of all participants and the seal of the organization.

Features of full individual liability

Only an employee with whom an agreement on material individual liability has been signed can bear liability in full.

Moreover, if such an agreement is concluded with a person who has not reached the age of majority, or the position of the employee does not imply full financial responsibility, then the document has no legal force and can be challenged.

In some cases, individual liability may also arise in the absence of an agreement, if these circumstances are clearly defined by law.

Thus, individual liability of a full nature arises regardless of the position and age of the employee if:

values issued under the report are lost;
the damage was caused by a crime or intentionally;
at the time of the damage, the employee was under toxic influence;
there is a shortage, etc.

In more detail, the situations of imposing full material liability of an individual nature are listed in Article 243 of the Labor Code of the Russian Federation.

In accordance with the provision of Article 239 of the Labor Code, an employee cannot be held financially liable if the following circumstances took place:

necessary defense;
emergency;
irresistible force;
natural economic risk;
failure to provide the employer with appropriate conditions for the preservation of property.

Order on full collective responsibility and its sample

An order on full collective liability may be issued if it is impossible to distinguish between the responsibility of a group of employees in the performance of their official duties.

At the same time, it is not possible to conclude an individual liability agreement with each of the employees.

This document is subject to the following conditions:

Establishment of full collective liability for a certain group of employees.
Determination of the composition of the team with a listing of the positions of employees and their full names.
Appointment of a leading person (representative) of this team.
Establishing the need to conclude an agreement on full collective liability.

Quite often, the employer assumes that he has the right to demand full compensation for losses from the employee.

Sometimes, in order to prove the illegality of the requirements, the employee has to go to court. therefore, all cases of full liability should be clearly stated in the contract between the employee and the employer. This will allow you to avoid many not very pleasant situations and streamline labor relations.

Video: Employee Liability

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Chapter II Basic principles of Russian labor law

§ 1. The concept of the principles of labor law and their meaning

§ 2. General characteristics of the main (industry) principles of labor law

§ 3. Effect of normative acts in time, space and categories of employees

Chapter IV Subjects of labor law

§ 1. The concept and classification of subjects of labor law

§ 2. The employee as a subject of labor law

§ 3. The employer as a subject of labor law

§ 4. Employees as subjects of labor law

Chapter V Legal Status of Trade Unions in the Sphere of Labor

§ 1. Legal basis for the activities of Russian trade unions

§ 2. The concept of trade unions. Their tasks and functions

§ 3. Basic rights of trade unions

§ 4. Guarantees of the rights of trade unions

§ 5. Liability for violation of the rights of trade unions

Chapter VI social partnership in the sphere of labor

§ 1. General characteristics of social partnership in the sphere of labor

§ 2. Collective bargaining

§ 3. Collective agreement

§ 4. Agreements

§ 5. Responsibility of the parties to the social partnership

Special part

2) The concept of employment and categories of the employed population

§ 2. Legal status of the unemployed

1) The concept and procedure for recognition as unemployed

2) The concept of suitable work

3) Rights and obligations of the unemployed

§ 3. Social support for the unemployed and members of their families

Chapter VIII Employment Contract

§ 1. The concept of an employment contract

§ 2. Content of the employment contract

§ 3. Types of employment contract

§ 4. General procedure for concluding employment contracts

§ 5. Probation for employment

§ 6. Amendment of the employment contract

§ 7. Suspension from work

§ 8. Termination of an employment contract

Chapter IX Working Time and Rest Time

§ 1. The concept and duration of working time

§ 2. Working hours

§ 3. The concept and types of rest time

§ 4. Holidays

Chapter X - legal regulation of wages

§ 1. The concept of wages and wages

§ 2. Wage systems

Tariff coefficients of the Unified tariff scale for remuneration of employees of public sector organizations

Tariff rates (salaries) of the Unified tariff scale for remuneration of employees of public sector organizations

§ 3. Remuneration of labor in case of deviation from normal working conditions

§ 4. Legal protection of wages

Chapter XI guarantees and compensations

§ 1. The concept and types of guarantees and compensations

§ 2. Guarantees when sending employees on business trips and moving to work in another locality

§ 3. Guarantees and compensations to employees in the performance of state or public duties

§ 4. Guarantees and compensations for employees who combine work with education

§ 5. Other guarantees and compensations

Chapter XII labor regulations. Labor discipline

§ 1. The concept of labor discipline and the work schedule of the organization

§ 2. Encouragement of employees

§ 3. Disciplinary responsibility of employees and its types

Chapter XIII labor protection

§ 1. The concept of labor protection

§ 2. The right of the employee to work in conditions that meet the requirements of safety and hygiene

§ 3. Creation of healthy and safe working conditions

§ 4. Investigation and registration of accidents at work

§ 5. Supervision and control over compliance with labor protection legislation. Responsibility for violation of labor protection requirements

Chapter XIV Liability of the parties to the employment contract

§ 1. The concept, types and conditions for the occurrence of liability

§ 2. Liability of the employer to the employee

§ 3. Material liability of the employee for damage caused to the employer

§ 4. Procedure for compensation for damage caused to the employer

Chapter XV Peculiarities of labor regulation of certain categories of workers

§ 1. The concept of unity and differentiation of legal regulation of labor

§ 2. Features of the regulation of the labor of women and persons with family responsibilities

§ 3. Features of the regulation of labor of workers under the age of eighteen years

§ 4. Features of labor regulation of the head of the organization

§ 5. Part-time work

§ 6. Work for employers - natural persons

§ 7. Homework

§ 8. Work in the conditions of the Far North and equivalent areas

§ 9. The work of pedagogical workers

§ 10. Other categories of employees for whom the peculiarities of legal regulation are provided

Chapter XVI Consideration of individual labor disputes

§ 1. The concept of an individual labor dispute

§ 2. Consideration of an individual labor dispute in a labor dispute committee

§ 3. Consideration of individual labor disputes in courts

§ 4. Execution of decisions on individual labor disputes

Chapter XVII Consideration of collective labor disputes

§ 1. The concept, types and parties of a collective labor dispute

§ 2. Peaceful procedures for resolving collective labor disputes

§ 3. Strike as a way to resolve a collective labor dispute

§ 4. Responsibility for violation of legislation on the procedure for resolving collective labor disputes

Accepted abbreviations

Normative legal acts

List of special literature

List of ILO conventions in force in the Russian Federation299

labor law

344002, Rostov-on-Don, per. Cathedral, 17

344019, Rostov-on-Don, st. Soviet, 57

§ 3. Material liability of the employee for damage caused to the employer

In accordance with Article 21 of the Labor Code of the Russian Federation, an employee must take care of the property of the employer and other employees. Violation of this obligation may entail bringing the employee to liability, since, according to Article 238 of the Labor Code, the employee is obliged to compensate the employer for the direct actual damage caused to him.

The material liability of the parties to the employment contract is mutual and bilateral, therefore the legislator establishes the general conditions for the onset of material liability 250, which were mentioned in the first paragraph of this chapter. Between The liability of an employee has a number of features compared to the liability of the employer.

1. The employee compensates the employer only for direct actual damage. Unreceived income (lost profit) is not subject to recovery from the employee.

2. The employee shall be liable both for direct actual damage directly caused by him to the employer, and for the damage incurred by the employer as a result of compensation by him for damage to other persons.

3. Even in the presence of direct actual damage, the employee may be released from material liability to the employer if there are circumstances excluding such liability. The Labor Code in Article 239 provides that the material liability of the employee is excluded in cases of damage due to:

Force majeure. According to Article 202 of the Civil Code of the Russian Federation under force majeure understand an emergency and unavoidable circumstance under the given conditions. There are two groups of such circumstances: natural disasters (earthquakes, floods, fires, etc.); certain circumstances of public life (military operations, epidemics, etc.);

Normal economic risk. concept normal economic risk not in the legislation. However, in science and practice, general provisions have been developed that characterize the category of "normal economic risk" 251 . The risk should be recognized as justified, i.e. normal if: 1) the performed action corresponds to modern knowledge and experience, and the goal cannot be achieved by means that are not associated with risk; 2) the possibility of harmful consequences is only probable, not obvious; 3) the object of risk may be material factors, but not the life and health of workers. Normal economic risk is associated with the introduction of new inventions into production, the improvement of working methods, and the technology of production processes. At the same time, normal economic risk should be distinguished from unreasonable decisions made by the manager in order to fulfill economic obligations at any cost. An unjustified decision that caused damage not only does not exclude liability, but can also serve as a basis for dismissal from work of the head of the organization, his deputies under clause 9 of article 81 of the Labor Code of the Russian Federation;

Urgent necessity or necessary defense. These concepts are disclosed in the Criminal Code of the Russian Federation. According to Article 37 of the Criminal Code of the Russian Federation, it is not a crime to harm an offending person in a state of necessary defense, those. when protecting the personality and rights of the defender or other persons, the interests of society or the state protected by law from a socially dangerous encroachment, if this encroachment was accompanied by violence dangerous to the life of the defender or other person, or with an immediate threat of such violence. urgent need according to Article 39 of the Criminal Code of the Russian Federation, it involves causing harm to legally protected interests in order to eliminate the danger that directly threatens the individual and the rights of this person or other persons, the legally protected interests of society or the state, if this danger could not be eliminated by other means;

Failure by the employer to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

4. For the damage caused, the employee, as a general rule, bears liability within the limits of his average monthly earnings.

Depending on the amount of damage to be compensated and the subject composition, the following are distinguished: types of liability of employees:

a) limited liability;

b) full individual responsibility;

c) full collective (team) responsibility.

Limited Liability. With limited liability, the damage is compensated in full, but within predetermined limits. In this case, the maximum amount of compensation for the damage caused cannot exceed the average monthly salary of the employee. Since the maximum amounts are limited by the wages of the employee who caused the damage, this type of liability is therefore called limited liability.

The legislation does not contain any list of cases of damage in which this type of liability arises. In this regard, compensation within the specified limits is general rule and occurs in all cases, with the exception of those when other limits of liability are established by law. Other limits of liability may be provided for by the Labor Code of the Russian Federation or other federal laws. If the amount of damage does not exceed the average monthly earnings of the employee, the entire amount of damage is subject to recovery.

The average monthly salary of the employee who caused the damage is determined on the day the damage was discovered. In this case, the calculation period for calculating the average earnings is twelve months.

Full financial responsibility of the employee according to Article 242 of the Labor Code of the Russian Federation, it consists in his obligation to compensate for the direct actual damage caused in full, without any restrictions beyond the employee's earnings. Liability in the full amount of the damage caused can be imposed on the employee only in cases provided for by the Labor Code or other federal laws. For example, in accordance with the Federal Law "On Communications" 252, telecom operators bear full liability for loss or damage to valuable postal items, the lack of investments in these shipments in the amount of the declared value.

Labor legislation provides for additional guarantees to bring workers under the age of eighteen to full liability. Article 242 of the Labor Code of the Russian Federation contains an exhaustive list of cases when such employees can be held fully liable:

In case of intentional damage;

For damage caused in a state of alcoholic, narcotic or toxic intoxication;

For damage caused as a result of a crime or administrative offense.

Since this list is not subject to expansion, in no other cases should a person under the age of eighteen years be held fully liable.

Employees over the age of eighteen, in accordance with Article 243 of the Labor Code of the Russian Federation, can be involved tofull liability in the full amount of the damage caused in the following cases:

1) when, in accordance with the Labor Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee.

In this case, it is necessary to pay attention to the fact that full liability should be established precisely federal laws and no other normative acts - neither government decrees, nor acts of federal ministries and departments; 2) shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document.

According to Article 244 of the Labor Code of the Russian Federation written agreements on full individual or collective (team) liability, those. on compensation to the employer of the damage caused in full for the lack of property entrusted to employees, are concluded with employees who have reached the age of eighteen years and directly serve or use monetary, commodity values or other property.

The lists of works and categories of employees with whom these contracts may be concluded, as well as standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation. Currently, the normative acts adopted in the USSR are applied, since they do not contradict Russian legislation. Decree of the State Committee of Labor of the USSR No. 447 and the All-Union Central Council of Trade Unions No. 24 of December 28, 1977 approved the List of positions and works replaced or performed by employees with whom an enterprise, institution, organization can conclude written agreements on full liability for failure to ensure the safety of valuables transferred to them for storage, processing, sale (vacation), transportation or use in the production process, as well as the Model agreement on full individual liability, and the List of works during the performance of which collective (team) liability may be introduced, as well as the Model agreement on collective (team) ) material liability were approved by the Decree of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of September 14, 1981 No. 259 / 16-59.

Collective (team) liability for causing damage can be introduced in case of joint performance by employees certain types works related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full.

In accordance with Article 245 of the Labor Code of the Russian Federation, a written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team). Under an agreement on collective (brigade) material liability, valuables are entrusted to a predetermined group of persons who are fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt. 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.

Full financial responsibility rests with the employee even if he received material values according to a one-time document for example, under a one-time power of attorney, invoice, etc. Usually, a one-time power of attorney is issued to an employee whose duties do not include servicing cash and commodity values and with whom an agreement on full liability has not been concluded. Therefore, the issuance of a one-time document can take place only with the consent of the employee;

3) intentional infliction of damage.

The Labor Code of the Russian Federation has significantly expanded the scope of full liability for intentional damage. Currently, the employee must compensate the damage in full, regardless of what property it was caused. It does not require that it be issued for use by the employee. Therefore, in case of intentional infliction of damage, employees under the age of eighteen years are also involved in full liability. Thus, in order for the employee to be held liable on the specified basis, the employer is obliged to prove the presence of intent in his actions;

4) infliction of damage in a state of alcoholic, narcotic or toxic intoxication.

In all cases, the specified state of the employee in the event of damage is the basis for imposing liability on him in full. This liability arises for the employee causing damage to any property of the employer. This may result in damage or destruction of property. The state of alcoholic, narcotic or toxic intoxication must be proven by the employer;

5) infliction of damage as a result of the criminal actions of the employee, established by a court verdict. Since in order to bring an employee to full financial responsibility, it is necessary that his criminal actions be established by a court verdict, the termination of a criminal case for any reason at the preliminary investigation stage cannot entail such liability. Similarly, the issue is resolved when an acquittal is issued due to the absence of corpus delicti. The employee bears full financial responsibility when he is released by the court from criminal liability under an amnesty or in connection with a pardon;

6) causing damage as a result of an administrative offense, if such is established by the relevant state body.

An administrative offense is an illegal, 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 on administrative offenses establishes administrative responsibility 253 . The range of persons and bodies that may impose administrative penalties are established by the Code of Administrative Offenses;

7) disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws. As in paragraph 1, here we mean only federal laws and no other regulations. For example, the Federal Law “On the Fundamentals of Public Service in the Russian Federation” provides that a civil servant is obliged to keep state and other secrets protected by law, as well as not to disclose information that has become known to him in connection with the performance of official duties, affecting private life, honor and dignity of citizens 254 .

When deciding on the issue of bringing an employee to full liability on this basis, it is also necessary to remember that the Decree of the Government of the RSFSR “On the list of information that cannot be a commercial secret” continues to operate 255 ;

8) infliction of damage not in the performance of work duties by the employee.

In order to bring the employee to full financial responsibility, the employer must prove that the cause of the damage was the actions of the employee, performed by him not in the performance of labor duties. This means that the damage was caused by the employee either in his spare time, or in working time but not in connection with the performance of work duties. Most often, the damage is caused by the employee when he uses the property of the employer for his own personal purposes. For example, a car driver, while carrying cargo to an unauthorized person, had an accident, as a result of which the car broke down. Or the employee broke the machine while manufacturing any parts on it for personal purposes.

According to Article 243 of the Labor Code of the Russian Federation, liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy heads, chief accountant. This is quite justified, since executives are endowed with great powers and manage the material resources of the organization. They must also bear higher responsibility, including material. In accordance with Article 277 of the Labor Code of the Russian Federation, the head of the organization bears full liability for direct actual damage caused to the organization. In cases stipulated by federal law, the head of an organization shall compensate the organization for losses caused by his guilty actions. In this case, the calculation of losses is carried out in accordance with the norms provided for by civil law. As regards the deputy heads and the chief accountant, full liability for them can be established in an individual labor contract.

Liability is one of the basic legal terms that denotes the legal obligation of the perpetrator of causing property damage to compensate it to the injured person. The amount and procedure for compensation for harm is regulated by labor legislation. This type of obligation is a response of one side of the business relationship to violations of the other.

Liability of the parties employment relationship has its own distinctive features.

First, it is always personal. This means that the employee must independently compensate for the damage caused by him. This also applies to minor employees with whom he was imprisoned.
Secondly, the obligation to compensate for harm arises only after establishing the guilt of the person himself directly. The owner of the entrusted property must prove the existence of an offense.
Thirdly, when establishing the guilt of an employee, the limit of liability corresponds to his salary. The amount of payments to compensate for the damage caused should not exceed the average monthly income of a person.
Fourthly, this type of liability threatens only for actual property damage. It is impossible to oblige an employee to make payments for non-compliance with plans and income not received by the company.
Finally, if several employees are at fault, the amount of payments should be distributed taking into account the degree of guilt of each of them. This phenomenon is called shared liability.

If you want to know more about Mr. orders and regulations, go ahead. we present an analysis of the RF legislation on this topic. Having talked about the concept of liability, let's move on to the types.

Exists this term. According to the subject, the obligation of the employee and the employer can be distinguished.

And in terms of the amount of cash payments, it includes:

. The person must compensate the property damage caused in full. This type of obligation often arises from intentional harm, violations while under the influence of alcohol or drugs, or disclosure of legally protected corporate secrets. Read about such an agreement.
. The amount of payments in this case should not exceed the monthly income of the person (according to article 241 of the labor legislation). This type of liability is the most common.

Conditions of occurrence

Existence of actual property damage.
The guilt of the violator (one of the parties to the labor relations) is proven.
The exact amount of damage and the amount of payments have been determined.
There are no circumstances that could relieve the violator from liability.

Briefly about mat. responsibilities of the parties to the employment relationship:

Knowing what liability is, it is worthwhile to deal with those cases when it does not apply. There are certain circumstances that relieve an employee from the obligation to compensate for the harm caused to him. The first of these is property damage due to force majeure. These can be attributed natural disasters(flood, earthquake), man-made circumstance (accident at an enterprise, fire) or public disasters (terrorist attack, war, armed attack, etc.).

The second circumstance is the normal economic risk. The criteria for this concept can be interpreted in different ways. If the employee made every effort and accuracy in relation to the property, fulfilled all the instructions assigned to him by the management, if the damage was caused for the benefit of the health and life of people, or if the goal could not be achieved in another way, then it is removed.

The third circumstance is causing harm in conditions of extreme necessity. This item includes self-defense, as a result of which property damage was caused.

And the last circumstance is the failure of the employer to fulfill his duties. If the authorities violated the storage of property and the conditions for its storage, then the employee is not responsible for the harm caused.

Practically in any organization there is a special system of incentives and criteria for evaluating the results of employees' work. Such systems are supported by the basic principle of liability. It lies in the fact that each employee who is directly related to the property is responsible for the results labor activity. At enterprises, 2 forms of organization of this type of responsibility are quoted:, and collective.

The most common is 1 form. It means that the employee who is responsible for the property of the organization:

will have to compensate for the damage caused by certain goods. We wrote about such an agreement. represents the responsibility not of one person, but of a group financially responsible persons(of this type).

As for, for them the principle of this type of obligation is expressed in a system of fines and penalties for non-compliance with tax laws.

Timing

The management may hold the employee liable for property damage within one year after the discovery of the violation. If the employee refuses to compensate for the actual damage caused to him, he can be brought to such obligations in court.

With the agreement of both parties, according to labor legislation, payment by installments can be carried out. The employee is obliged to provide the authorities with a document in which he indicates the exact timing of the repayment of the debt.

Target

There are two main purposes of this type of obligation. Firstly, bringing to liability official significantly reduces the number of violations that result in property damage.

Secondly, labor legislation clearly indicates the conditions for this type of responsibility, its types, a special procedure and principle. This helps to save wages employee from illegal and unreasonable penalties from the employer.

limits

According to article 241 of the Labor Code of the Russian Federation, sizes monthly payments for causing property damage should not exceed the average income of the employee. This is the main limit of liability.

The right of the employer to refuse to recover damages from the employee

The employer, under article 240 of the Labor Code of the Russian Federation, may refuse to recover damages for harm caused by the employee. To do this, he must refer to certain circumstances. Instead of collecting the debt in full or in part, the employer may apply a disciplinary sanction to the employee.

This article has been updated. The owner of the property may overrule the employer's wish and force the violator to pay damages.

Legal entities, which are directly related to the property, also have some obligations. For example, an employer who did not comply with the rules for the storage and operation of goods must compensate the owner for all damage caused.

So, liability is a term without which it is impossible to imagine labor law . The obligation to compensate for property damage may be imposed on both individuals and legal entities.

The amount of monthly payments, the procedure for collection, types of liability are regulated by labor legislation. Any withdrawal is illegal.

The main purpose of this type of liability at work is to compensate for the harm caused. Any disciplinary action must be taken either on a voluntary basis or through the courts.

The employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 239. Circumstances excluding material liability of an employee

The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

Article 240

The employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the property of the organization may restrict the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government, founding documents organizations.

(in ed. federal law dated 30.06.2006 N 90-FZ)

Article 241. Limits of material liability of an employee

For the damage caused, the employee shall be liable within the limits of his average monthly earnings, unless otherwise provided by this Code or other federal laws.

Article 242. Full liability of an employee

The full material responsibility of the employee consists in his obligation to compensate the direct actual damage caused to the employer in full.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Liability in the full amount of the damage caused may be imposed on the employee only in cases provided for by this Code or other federal laws.

Employees under the age of eighteen bear full liability only for intentionally causing damage, for damage caused in a state of alcoholic, narcotic or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 243. Cases of full liability

Liability in the full amount of the damage caused is assigned to the employee in the following cases:

1) when, in accordance with this Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of the employee's labor duties;

2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

3) intentional infliction of damage;

4) infliction of damage in a state of alcoholic, narcotic or other toxic intoxication;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

5) causing damage as a result of the criminal actions of the employee, established by a court verdict;

6) causing damage as a result of an administrative offense, if such is established by the relevant state body;

7) disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

8) infliction of damage not in the performance of labor duties by the employee.

Liability in the full amount of the damage caused to the employer can be established by an employment contract concluded with the deputies of the head of the organization, the chief accountant.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 244. Written agreements on the full liability of employees

Written agreements on full individual or collective (team) liability (clause 2 of part one of Article 243 of this Code), that is, on compensation to the employer for damage caused in full for the lack of property entrusted to employees, may be concluded with employees who have reached the age of eighteen years and directly serving or using monetary, commodity values or other property.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 245

When employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (brigade) liability may be introduced.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team).

Under an agreement on collective (brigade) material liability, valuables are entrusted to a predetermined group of persons who are fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.

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.

Article 246. Determining the amount of damage caused

The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force 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 wear and tear of this property.

The federal law may establish a special procedure for determining the amount of damage to be compensated caused to the employer by theft, deliberate damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal amount.

Article 247

Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists.

Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by this Code.

Article 248. Procedure for recovery of damage

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 recovery can only be carried out by the court.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

If the employer fails to comply with the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court.

An employee who is guilty of causing damage 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 with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In the event of the dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

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 damage is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.

Article 249. Reimbursement of expenses associated with employee training

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after the end of the training, unless otherwise provided by the employment contract or learning agreement.

Article 250

Review body labor disputes may, taking into account the degree and form of guilt, the financial situation of the employee and other circumstances, reduce the amount of damage to be recovered from the employee.

Reducing the amount of damage to be recovered from the employee is not carried out if the damage was caused by a crime committed for mercenary purposes.

Legislation on liability of workers for damage. The employee and the material damage caused: when they answer with a salary. Is it possible to reduce the amount of compensation for the damage caused?

About full financial responsibility

Limitation of deductions from wages

Extract from the Labor Code of the Russian Federation

The employee did not fulfill his duties

Respondent's position

Justification of the position of the court

Court statement

Damage in the form of an administrative fine received through the fault of an employee

Claimant's position

Justification of the position of the court

Typical violations when concluding agreements on full liability on the part of employers and employees

Conclusion of agreements on full liability with minors

The employee refuses to conclude an agreement on full liability

A commercial organization engages individuals under work contracts to perform certain works and at the same time requires them to conclude agreements on full liability

An employee working in a warehouse of a large store and having access to material values ​​refuses to conclude an agreement on full liability

The organization concludes an agreement on full liability with the watchman for the property protected by him

An exemplary contract with an employee on full individual liability.

An approximate form of an agreement on full individual liability

Agreement on full individual liability

What it is

Procedure for attracting

Order and its sample

Features of full individual liability

Order on full collective responsibility and its sample

Video: Employee Liability

§ 3. Material liability of the employee for damage caused to the employer

Conditions of occurrence

Timing

Target

limits

The right of the employer to refuse to recover damages from the employee

Article 239. Circumstances excluding material liability of an employee

Article 240

Article 241. Limits of material liability of an employee

Article 242. Full liability of an employee

Article 243. Cases of full liability

Article 244. Written agreements on the full liability of employees

Article 245

Article 246. Determining the amount of damage caused

Article 247

Article 248. Procedure for recovery of damage

Article 249. Reimbursement of expenses associated with employee training

Article 250

An employee working in a warehouse of a large store and having access to material values refuses to conclude an agreement on full liability