Only a responsible worker but also. Ten essential qualities of an effective employee. The damage was caused by the unlawful act of the employee

Every leader in an organization wants employees to work responsibly. It is possible to make an employee liable simply by law. financially responsible. Chapter 39 is dedicated to this. Labor Code RF.

There are several types of legal liability, and one of them is the material liability of the employee to the employer - this is the obligation of the employee to compensate the employer for the direct actual damage caused through the fault of the employee (part 1 of article 238 of the Labor Code).

Existence of direct actual damage

As already mentioned, the organization must suffer direct actual damage (part 2 of article 238 of the Labor Code of the Russian Federation). This is a real decrease or deterioration in the condition of the employer's cash assets. It is also the need for him to incur expenses or excessive payments for “correction of the situation” - for the acquisition, restoration of property or for compensation for damage caused to third parties (in relation to property that belongs to third parties, but is with the employer, and he is responsible for it contract or law).

Employee misbehavior

The behavior of the worker, as a result of which the damage was caused, was unlawful. That is, the employee violated the job description, labor regulations and internal regulations, did not comply with safety precautions and other rules established by law or internal documents of the organization.

The damage was caused by the unlawful act of the employee

A prerequisite for attracting an employee to liability is the existence of a causal relationship between the actions of the employee and the infliction of direct actual damage. In this case, two necessary conditions must be observed:

• the illegal action of the employee precedes the moment of harm;
• harm to the employer is caused precisely by the unlawful actions of a particular employee.

Employee fault

The material liability of the employee arises only if the employee is at fault (part 1 of article 233 of the Labor Code of the Russian Federation). The concept of guilt is divided into intent and negligence. In case of intentional damage to the property of the employer or third parties, the employee is aware of what his actions will lead to, and in case of negligence - no, although he should.

EXAMPLE: Chief Accountant who has transferred a portion of the firm's proceeds to his own account knows that he is hurting the firm he works for. And the cleaner who, while wiping the table, broke the monitor, did not know that this would happen, although she should have been careful.

There are circumstances that exclude the fault of the employee and release him from liability.

First, it is an act of force majeure.

EXAMPLE: The driver was hit by hail, which shattered the windshield of the car. Of course, the actions of force majeure include earthquakes, wars, uprisings, hurricanes, and all other natural and social phenomena which the employee can neither influence nor prevent them.

Secondly, the employer's failure to fulfill the obligation to ensure the conditions for the storage of property entrusted to the employee.

EXAMPLE: not only the employee who, under the contract, is responsible for its contents has the keys to the safe.

Thirdly, the normal economic risk, namely:

• there is no other way to achieve the desired result;
• all reasonable steps have been taken to prevent harm;
• the object of risk is property, not human life and health.

Liability: partial and full

The liability of the employee to the employer may be partial or full. The employee is liable for the full actual damage caused by him within the limits of his average monthly earnings, unless otherwise provided by the Labor Code or other federal law (Article 241 of the Labor Code of the Russian Federation). This is a partial responsibility.

The full liability of the employee consists in his obligation to compensate the direct actual damage caused to the employer in full (Article 242 of the Labor Code of the Russian Federation), and this can be a very impressive amount. Therefore, in addition to the conditions set out above, for full liability, special conditions must be “fulfilled” (Article 243 of the Labor Code of the Russian Federation).

• full financial responsibility is assigned to the employee by the Labor Code or other federal law;
• a special written contract was concluded with the employee;
• the employee was given the appropriate material values;
• the employee made a shortage of these material assets;
• the damage is intentional. It should be noted that in order to bring an employee to full liability for harm caused to the employer intentionally, it is not necessary to open a criminal case or an administrative offense case;
• the damage was caused in a state of alcoholic, narcotic or toxic intoxication. The form of guilt in this case does not matter. An employee who caused harm to an employer in a state of alcoholic, narcotic or toxic intoxication will bear full financial responsibility, regardless of whether he wanted to cause this harm or did not even suspect what his actions would lead to;
• if the damage was caused by the employee's criminal actions, as evidenced by a court verdict (not a decision to initiate a criminal case), which indicates that it was his unlawful actions of the employee that led to the damage;
• if the damage was caused as a result of an administrative offense established by the relevant state body;
• if the damage was caused as a result of disclosure of information constituting a legally protected secret (official, commercial or otherwise). In this case, the employer must prove that the information disclosed by the employee constituted a legally protected secret. For example, he can present the Confidentiality Agreement concluded with the counterparty, or the Regulation on commercial and official secrets adopted by the organization;
• if the damage was caused by the employee not in the performance of the employee's labor duties (regardless of when it happened - during working or personal time).

Responsibility for the list

In order to bring an employee to full liability for the lack of valuables entrusted to him, it is necessary that, under an employment contract, he fill a position that allows him to be held fully liable for the full actual damage caused. This list of positions and professions was approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85 (hereinafter referred to as the List).

An employee may also bear full financial responsibility on the basis of a one-time document, for example, an invoice. It must be said that, according to one-time documents, those employees whose position or work performed are not included in the List usually bear full financial responsibility.

Individual and collective responsibility

The financial responsibility of employees can be individual and collective.

Individual responsibility

Full individual liability applies to a specific worker who:

• material values ​​​​are transferred, and it is he who is entrusted with the function of ensuring their safety;
• instructed to store (process, sell, etc.) the transferred valuables, and for this he is provided with a separate isolated room and a place for storing valuables (for example, a safe);
• must independently report to the accounting department for the values ​​\u200b\u200baccepted by him under the report.

Collective responsibility

Article 245 of the Labor Code is "responsible" for collective (team) responsibility. It can be introduced in an organization if employees jointly perform certain types of work related to the storage, processing, sale, transportation and other use of the values ​​transferred to them. In order to introduce collective (team) responsibility in organizations, it is necessary to issue an order from the head of the organization and bring it to the attention of the team (team). Then the brigade should sign an agreement on full liability. At the same time, it should be borne in mind that this should be an agreement, one for all - at the end of the agreement there must be signatures of all employees of the team.

If the organization has collective responsibility, the employer should consider the following:

• the foreman is appointed by order of the director of the organization, but taking into account the opinion of the team. Consent must be obtained in writing. The majority of the workers of the brigade must vote "for";
• it is possible to accept a new employee into an already created team only with the consent of the team (in the manner similar to that described above);
• if the head (foreman) changes in the team or most of the employees leave (leave), the contract on full liability must be renegotiated by conducting an inventory;
• a member of the team may be released from full liability, but subject to evidence of the absence of guilt (for example, was on vacation at the time of the incident)
• if a team of workers compensates the employer for damage voluntarily, then the degree of guilt of each is determined by an agreement between the team (team) and the employer, and if compensation for damage goes through the court, then the degree of guilt will be determined by the judge.

A separate contract is required

Despite the fact that the concept of liability is considered within the framework of labor law, agreements on the full liability of employees must be concluded with them separately from employment contracts. If the employer simply includes the obligation to bear full financial responsibility in the text of the employee's employment contract, then this provision will not apply. After all, the presence of an appropriate written contract is one of the main conditions for the imposition of liability. At the same time, the employee must be at least 18 years old and serve or use directly monetary, commodity values ​​or other property (Article 245 of the Labor Code of the Russian Federation).

But the employment contract must contain a clause stating that the employee performs work in accordance with the List and bears full financial responsibility, about which an appropriate contract must be concluded.

It is especially important to conduct an inventory before concluding an agreement on full liability in order to find out what values ​​the employee or team will be responsible for. An inventory should also be carried out in connection with holidays of financially responsible employees, sick leave and dismissal.

The financially responsible employee must know ...

Material liability is assigned to employees only for the property that he received according to the primary accounting document.

In addition to contracts, such an employee must have a clear job description.

Steps to collect

In order to start recovering damages from an employee or a group of employees, the employer must follow a certain sequence of his actions.

Step 1	Conduct an inventory of property in the organization, identify lost or damaged property
Step 2	Schedule an internal investigation	Establish a Commission of Inquiry	Establish causes of loss or damage to property
Step 3	Request written explanations of the causes of damage from the financially responsible person	If the material person refuses to give written explanations, draw up an act about this (Article 247 of the Labor Code of the Russian Federation)
Step 4	Determine the amount of damage (based on actual losses at market prices on the day the damage occurred, but not lower than the value of the property according to accounting data (including depreciation) (Article 246 of the Labor Code of the Russian Federation)
Step 5	If the damage was caused by several employees, determine the degree of fault, the type of liability limit for each of them individually

During the audit, as well as after its completion, the employee or his representative should be allowed to familiarize himself with its materials. If they deem it appropriate, then, according to the rules of Articles 386,391 of the Labor Code, they can appeal against both the findings of the audit and its materials.

How to claim damages

Damage can be recovered from the employee both without going to court, and in judicial order.

If the damage does not exceed the average monthly earnings of the employee, it can be recovered from him without going to court. To do this, the head must issue an appropriate order (in any form).

It happens that the employee agrees to compensate for the damage voluntarily. In this case, the organization can provide him with installments. But the employee must write a written obligation to compensate for the damage and indicate the period in which he plans to do this.

If a month has elapsed since the damage was caused or the amount of damage exceeds the average monthly salary of the employee, and it was not possible to “agree amicably”, the employer may file a claim for bringing the employee to liability in court. As mentioned above, in this case, a reduced limitation period is applied - one year (Article 392 of the Labor Code).

If the employee quit without reimbursing the damage, the employer can also go to court (Article 248 of the Labor Code).

“One and only one person must be responsible for every task assigned.”

– Otto von Bismarck

Legislation and discipline

In accordance with the requirements of the Labor Code (LC), the employee is obliged to comply with the internal labor regulations of the organization and labor discipline.

Labor discipline is obligatory obedience for all employees to the rules of conduct, determined in accordance with the Labor Code, other laws, a collective agreement, an agreement, employment contract, local regulations organizations.

The leader has the right to involve subordinates in disciplinary responsibility in case of non-compliance with the rules.

For damage caused to the organization due to non-fulfillment or violation of labor duties, employees are liable.

Experts also talk about the moral responsibility of the performer in cases of violation of professional moral standards. Moral responsibility has no fixed limits, but is very important in professional culture. Moral responsibility is of particular importance for professions such as doctors, journalists, and law enforcement officers.

Types of responsibility

Collective and personal responsibility

Collective responsibility is manifested when a group of employees or the entire team works on one project. For errors and miscalculations made by one or more members of the group, the entire team is responsible.

Team responsibility ensures team cohesion and increases its responsibility and focus on results. But “Every mistake has a name and a last name,” and often, to reduce risks and improve the quality of a company’s work, it is necessary to identify a bottleneck in the team’s work. At the same time, we are talking about the personal responsibility of each employee separately and the degree of his participation in the work of the team.

How to teach employees to take responsibility

The first point in the program of education of responsibility of employees is the definition of the boundaries of responsibility - that is, duties and powers.

Every company has job descriptions. It's time to get them out of the folder and carefully study how they differ from the standard text recommended by the Labor Code and other similar documents.

Second note: do not do the work for subordinates. Many managers believe that by doing the work for their employees, they save time and money. In fact, when you take on the tasks of a subordinate, he becomes more irresponsible. Delegate maximum tasks to subordinates to the extent of their competence. Conduct employee training when necessary - this will increase their efficiency and responsibility, and therefore improve the performance of the entire company as a whole.

The more specific and detailed they describe the responsibilities of each employee, the better. It is important to separately prescribe: the employee must perform his functions independently or in cooperation with others. In teamwork, the senior is determined. Exactly on the senior team will be personally responsible for the overall results of the work of the team that reports to him.

Third important point: control the execution of assigned tasks. If an employee knows that he must submit a report on the results to the manager in a certain period, he has an incentive to work with greater efficiency. It is the fact of future control that is decisive for the emergence of responsibility for the result. As the responsibility of an employee grows, you will be able to change his responsibility from personal to collective.

The fourth rule: publicity of the results of work. The results of an employee's work should be visible not only to management, but also to colleagues. This approach is very effective in increasing personal and collective responsibility.

How to determine the responsible?

How to identify that employees do not want to take responsibility? Broken deadlines, forgotten projects, poor quality of work indicate the problem.

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.

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.

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 Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of the 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 liability 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)

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.

Article 245

When jointly performed by employees certain types 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, a collective (team) may be introduced material liability.

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 less than the value of the property according to accounting 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

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.

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.

What qualities of employees would you pay attention to? And what is your team like now? What qualities of employees make them important and indispensable in the team? And are you an effective worker yourself?

The team needs competent, responsible people whose hands grow from where they need to. To determine if your employees fall into this category, we wrote this article.
So, 10 qualities effective employee.

1. Reliability

You can count on him and you know that he will certainly fulfill the task assigned to him, no matter what it costs him. He does not have jambs (or their number is negligible). He acts consistently, without throwing and hesitation. You know that he will work equally well all the time, and not just when the muse comes to him.

2. Constructive communication

An effective employee can communicate his thoughts and ideas clearly and accurately. He communicates with colleagues on the merits, respects both the interlocutors and their participation in teamwork. He can be instructed to convey important information to others and at the same time be sure that everyone will understand everything as it should.

3. Ability to listen

I listen, but I do not hear - this is a disease of many. An effective worker is distinguished by the fact that he does not catch crows at work and carefully listens to the orders of his superiors. This is an important quality, without which it will not be possible to work effectively. He does not enter into an argument just to show that he is the smartest around. Does not challenge someone else's point of view until the interlocutor finishes his thought. Able to adequately respond to criticism in his address.

4. Activity

A good employee is active and proactive. Not only does he get the job done, but he can also contribute constructive ideas along the way. Never extinguished sitting idle while others are working. Voluntarily volunteers to perform a particular task, without waiting for the finger of the leader to point to him.

5. Sociability

6. Ability to work in a team

To be successful, the team must act as single organism. Efficient worker able to work in a team and achieve the goals set for the team. He can interact with colleagues.

7. Flexibility b

The team often faces changing conditions or creates the preconditions for change itself. Effective workers adapt easily to change. They do not complain, do not fall into a stressful state due to the fact that something has changed at work or new bosses have come. An effective worker is also able to be flexible in interpersonal communication, to change his point of view if it is erroneous.

8. Responsibility

He feels responsible not only for himself, but also for his team, for the results of his work. Does everything possible to ensure that the work brings the maximum return, and requires the same from colleagues.

9. Ability to solve problems

Every team faces different challenges. Effective employees do not shy away from difficulties, at any moment they are ready to take on the solution of the problem that has arisen. They do not ignore the problem, do not look for the guilty, do not postpone the solution of the problem until later. They discuss the situation with colleagues and actively interact with them to develop a plan for solving the problem.

10. Respect for people

Effective employees treat their colleagues with respect, as well as their superiors or subordinates. In short, to all people, regardless of their status. They have a sense of humor that does not interfere with their professional activity.

And finally. An effective worker doesn't have to be a leader who flaunts his particular style or personality. He can be quiet, but not passive. Its main task is effective work in the form of the result obtained, and not in the process of obtaining it.