The financial responsibility of the employee contributes. The employee and the material damage caused: when they answer with a salary. What it is

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What types of liability does the Labor Code establish?

In practice, it sometimes happens that, as a result of conscious or unconscious actions of an employee, an enterprise suffers material damage. In such cases, the employer has the right to bring the employee to material and disciplinary liability in accordance with the norms established by labor legislation. An employee can be brought to compensation for material damage on different conditions and within different limits, but only if his guilt in what happened is proven. It should be borne in mind that in such cases, lost profits are not taken into account and are not subject to compensation.

can be of two types - full and limited. Both that and the other occurs only in the case when the employer was able to confirm the direct actual damage caused by the employee who violated the established regulations, instructions, laws or rules. But each of these types of material liability of an employee implies a different procedure for compensating for the damage caused to them.

When it comes to full liability, the employee will be obliged to compensate the employer for the damage caused in full. When calculating the actual amount of damage, the market price lost or damaged property.

note: The principle of full liability is applied selectively and not to every guilty employee. It is possible to demand full compensation from an employee only if an agreement on full liability has been concluded with him and if the employee’s position is mentioned in the list approved by Article 243 of the Labor Code of the Russian Federation.

Limited material liability occurs in all other cases. Its maximum size cannot exceed the size of the average monthly earnings, in accordance with Article 241 of the Labor Code of the Russian Federation. The employer has the right to withhold the amount of damage caused by the employee from his salary, but the deduction must be made within several months, and not at a time.

note: In accordance with Part 1 of Article 138 of the Labor Code of the Russian Federation, the amount withheld to pay for material damage cannot exceed 20% of the salary, but in some cases this share can be increased to 50%. In this case, deductions are made monthly until the amount of damage is paid in full.

But what to do in the case when an employee who has not yet paid the amount of damage caused through his fault, because, in accordance with labor legislation, the employer does not have the right to withhold him. In such cases, the employee must write a receipt stating that he undertakes to pay material damage in full. This receipt will become a guarantee of compensation for damages. It is only necessary that it be drawn up correctly, although it is written in a simple writing. It is necessary to indicate in as much detail as possible all the necessary information and details in it, in order to interpret its text, in the event of a trial, it was possible unambiguously. Going to court is inevitable if after some time it becomes clear that the employee is not going to fulfill the agreed obligations on a voluntary basis. Compensation will be collected from him by the court on the basis of this receipt, in accordance with Part 4 of Article 248 of the Labor Code of the Russian Federation.

➤ A hint from the experts of the magazine "Personnel Business".

In what cases does full liability arise?

The law strictly stipulates the cases and the presence of certain circumstances in which the employee guilty of causing material damage to the employer will have to compensate him in full. These cases are listed in Article 243 of the Labor Code of the Russian Federation, and are presented in the figure:

A hint from the experts of the magazine "Personnel Business". Which employees are subject to liability?

In other cases, we can only talk about limited liability. If the employer, for cases not covered by Article 243 of the Labor Code of the Russian Federation, is established by the local normative act full liability, this will be considered a violation of applicable law.

Employee Liability Agreement

The material responsibility of the employee must be documented. Full liability agreement can be concluded both with an employee who has already worked at the enterprise for a long time, and with one who is just getting a job. Full financial responsibility for an employee can be assigned only under a bilateral agreement and only on condition that this agreement complies with established standards labor legislation.

When concluding such an agreement, it should be taken into account that full liability, as well as for the one whose position is not mentioned in the List of positions and works replaced or performed by employees, with whom the employer can enter into written agreements on full individual liability for the lack of entrusted property, approved Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85 (hereinafter referred to as the List). This document also provides information on standard form full liability agreements.

The list of positions with which an agreement on full liability can be concluded includes, in particular, the following positions: cashier, freight forwarder, store administrator, warehouse manager, head of a pharmacy or pharmaceutical organization or an enterprise, an employee who receives and pays money, etc. For those positions and types of work that are not included in this List, full liability cannot be established, except for the cases stipulated by Article 243 of the Labor Code of the Russian Federation.

Nikolai Yakovlev, Leading Legal Counsel of the MTS Group of Companies, will suggestwhen the damage can be recovered in full size

The list of positions is not subject to extended interpretation, therefore, if the employer plans to conclude an agreement with the employee on full liability, then the name of the employee's position must exactly match the name indicated in the List. If an employee works as a part-time employee, an agreement on full liability can be concluded with him only if his main position appears in the List.

EXAMPLE

As an example, we present the case considered by Rostov regional court(Determination dated May 14, 2015 in case No. 33-6963/2015). An agreement on full liability was concluded with an employee working as a forwarding driver. One day, when he was delivering goods to the store, his car broke down. Subsequently, it was found that the car's engine failed due to the fact that lubricants were not replaced in a timely manner and the coolant was not filled. This happened through the fault of the employee, whose job duties included Maintenance car. Based on the contract concluded with the employee on full liability, the employer decided to collect full cost car repair with worker.

Considering the case, the court found out that in this case the employee combined two positions: a driver and a freight forwarder. Each of these positions is different conditions jobs and different levels of responsibility. At the same time, the position of the forwarder is indicated in the List, but the position of the driver is not in it.

Therefore, the contract of full liability applies only to labor function forwarder, performed by the employee simultaneously with the labor function of the driver. This liability extends to cases of material damage related to the duties of the forwarder - only to the goods that he accompanies and to which the technical serviceability of the vehicle has nothing to do. The car itself is operated by the driver in order to perform a labor function, therefore, it cannot be the subject of an agreement on liability.

It is the responsibility of the employee who has concluded such an agreement not only to ensure the accounting and safety of property, but also to timely notify employers of all cases that threaten its safety. A materially responsible employee is obliged to keep records of the balances and movement of material assets and submit them to the accounting department of the enterprise in a timely manner. If the organization does not maintain commodity reporting, then all operations on the movement of values ​​are recorded in the accounting registers of the accounting department according to the primary documentation submitted by the responsible person. He must also take part in the inventory activities, providing, at the request of the inspectors, all necessary accounting documents.

In some cases, when employees jointly perform certain types works, including storage, processing, sale, transportation, release of material assets, it is not possible to distinguish between the responsibility of each of them. In such situations, collective (brigade) liability may be introduced.

The procedure for bringing an employee to liability

There are cases when, despite the obvious guilt of an employee in damage or loss of material assets, it is not possible to hold him accountable. This can only be done when the employer manages to prove and confirm with the relevant documents:

the fact of causing material damage;

the fact that material damage was caused as a result of a guilty action or inaction of a materially responsible employee;

a causal relationship between the action or inaction of the employee and the damage caused.

In addition, the employer must determine the amount of damage in order to make a claim to the employee. But if the calculation of damage, as a rule, does not cause any particular difficulties, then the search for convincing evidence of the employee's guilt is a rather complicated matter. In some cases, a special commission is created to investigate what happened, which has to interview the culprit and witnesses.

An employee suspected of causing material damage is obliged to explain to the employer what happened in writing, as established by part 2 of article 247 of the Labor Code of the Russian Federation. In accordance with Part 1 of Article 193 of the Labor Code of the Russian Federation, the employee must submit his explanations within two days, if this did not happen or the employee refuses to give explanations, this fact must be reflected in the relevant act.

note: The decision to compensate for damages by a specific employee can only be made based on the results of an internal investigation ( )

As a result of the commission's work, certain conclusions with which the employee has the right to disagree. He can appeal the decision of the commission in court, involving as an expert any specialist whom he considers to have the experience and knowledge necessary for an objective consideration of the case. In the event that the court considers the employee's guilt proven, he will have to compensate the material damage caused to the employer in full or partial liability.

An employee is considered innocent of causing material damage in the event that this damage is due to force majeure, normal economic risk, extreme necessity or necessary defense. The employee will be recognized by the court as not guilty of causing material damage and in the event that the employer's guilt is proved in failure to fulfill the obligations to ensure proper storage conditions for material assets entrusted to the employee.

Is it possible to recover material damage from an employee and impose a disciplinary sanction on him?

The employer has the right to reprimand the employee who is guilty of material damage and reimbursed him. These sanctions relate to the responsibility of two different types: disciplinary and material. They are used for different purposes: material - to compensate for damage, disciplinary - to force an employee to perform labor discipline.

Labor legislation prohibits punishing an employee twice for the same offense, imposing two disciplinary sanctions on him at the same time. But the law has no restrictions on the simultaneous application of material and disciplinary sanctions (). Therefore, an employee guilty of causing material damage may be subject to any disciplinary action including reprimand.

Liability of an employee hired part-time

When accepting an external part-time worker for a responsible position, the employer in the usual manner draws up an agreement on full individual liability, even if a similar agreement has been concluded with him at another place of work. The current legislation does not contain a ban on concluding a liability agreement with a part-time partner for each of the places of work, if the following conditions are fully met:

• the employee is over 18 years of age;
• positions in which a materially responsible employee works are included in;
• the work performed by the part-time worker is directly related to the maintenance or use of goods, Money and other property belonging to the enterprise.

, read in the magazine "Personnel Business"

Is it possible to provide for the liability of an employee when concluding a civil law contract?

Concluding a civil law contract for the provision of services with individual, the organization may include a condition on such liability in the document. At the same time, it must be remembered that this concept in civil law is somewhat different from what is established by labor law. By prescribing a clause on the contractor's liability for improper performance of obligations under the contract, it is possible to provide for a penalty or a fine.

Causing damage to the property of the customer by the contractor is compensated in full (Article 15,), therefore, conclude separate contract, providing matresponsibility, does not make sense. Moreover, the execution of such an agreement indicates a desire to document the liability of the employee (and not the contractor), which may lead to the recognition of a civil law contract as an employment contract.

Liability of an employee hired part-time When accepting an external part-time worker for a responsible position, the employer in the usual manner draws up an agreement on full individual liability, even if a similar agreement has been concluded with him at another place of work. The current legislation does not contain a ban on the conclusion of an agreement on liability with a part-time job for each of the places of work, if the following conditions are fully met: the employee is already 18 years old; the positions in which the materially responsible employee works are included in the List; the work performed by a part-time worker is directly related to the maintenance or use of goods, funds and other property belonging to the enterprise. The head of the organization is to blame for the material damage. Who should initiate the audit, read in the magazine "Personnel Business" Is it possible to provide for the liability of an employee when concluding a civil law contract? When concluding a civil law contract for the provision of services with an individual, an organization may include a condition on such liability in the document. At the same time, it must be remembered that this concept in civil law is somewhat different from what is established by labor law. By prescribing a clause on the contractor's liability for improper performance of obligations under the contract, it is possible to provide for a penalty or a fine. Causing damage to the property of the customer by the contractor is compensated in full (Article 15, 1064 of the Civil Code of the Russian Federation), therefore, it makes no sense to conclude a separate agreement providing for liability. Moreover, the execution of such an agreement indicates a desire to document the liability of the employee (and not the contractor), which may lead to the recognition of a civil law contract as an employment contract.

Liability is one of the basic legal terms that denotes the legal obligation of the person guilty 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 obligations is the response of one side of the business relationship to violations of the other.

The liability of the parties to an employment relationship has its own distinctive features.

1. 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.
2. 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.
3. 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.
4. 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.

There is 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:

1. . The person must compensate the property damage caused in full. This type of liability 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.
2. . 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

1. Existence of actual property damage.
2. The guilt of the violator (one of the parties to the labor relations) is proven.
3. The exact amount of damage and the amount of payments have been determined.
4. 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 them. 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 has 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 of not one person, but a group of materially 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 by him, he can be brought to such obligations in judicial order.

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 an official to liability significantly reduces the number of violations that result in property damage.

Secondly, labor law clearly indicates the conditions of this type of liability, its types, special procedure and principle. This helps to protect the employee's wages from illegal and unreasonable penalties from the employer.

limits

According to article 241 of the Labor Code of the Russian Federation, the amount of monthly payments for causing property damage should not exceed the average income of an 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.

Liability in the full amount of the damage caused to the employer can be assigned to the employee only in cases expressly determined by the Labor Code or other federal law. The list of cases of full liability of employees is established by Art. 243 TK. However, it does not apply in full to all employees, but only to those who have reached the age of 18. Employees under the age of 18 bear full liability only for intentionally causing damage, for damage caused while under the influence of alcohol, narcotic or toxic intoxication, as well as as a result of committing a crime or administrative offense, i.e. only in cases provided for in paragraphs 3 - 6 of Art. 243 TK. Liability in the full amount of damage caused to the employer in accordance with Art. 243 of the Labor Code is assigned to the employee in the following cases: 1) when liability in full is assigned to the employee of the Labor Code or other federal law (clause 1). For example, according to Art. 277 of the Labor Code, the head of the organization bears full liability for direct actual damage caused to the organization; 2) if there is a shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document (clause 2). A written agreement on full liability can be concluded with individual worker - an agreement on full individual liability or with a team (team) of employees - an agreement on full collective (team) liability. In case of collective (team) liability, the damage caused to the employer is compensated in full not by one employee, but by all members of the team who have concluded an agreement on collective liability. One-time documents for receiving valuables are usually issued in cases where it is not possible to perform this work by a person who has concluded an agreement on full individual liability. An employee whose duties do not include the performance of this kind of work can be issued a one-time document for receiving valuables only with his consent; 3) in case of intentional damage. To bring to full liability on this basis, it is necessary to identify the form of guilt of the employee in causing damage. It is allowed if it is established that the damage was caused intentionally, i.e. in the presence of guilt in the form of intent. If the shortage of property entrusted to the employee, its damage or destruction occurred due to negligence, limited material liability arises within the limits of the average monthly earnings. The presence of intent in the actions (inaction) of the employee must be proven by the employer; 4) when causing damage in a state of alcoholic, narcotic or toxic intoxication. Full material liability for causing damage while intoxicated occurs regardless of whether the employee’s intent was to cause damage or the damage was caused by negligence. This is due to the fact that the very fact of appearing at work in a state of intoxication is a gross violation of labor discipline. In order to bring the employee to full liability in this case, the employer must prove that the damage was caused by the employee in a state of intoxication; 5) when causing damage as a result of the criminal actions of the employee, established by a court verdict. In this case, it refers to criminal actions established by a court verdict, therefore, it cannot be a basis for bringing the employee to full financial responsibility, for example, initiating a criminal case against him or conducting investigative actions in this case, or removing the employee from work and DR- Cannot be brought to full liability and the employee, in respect of which an acquittal was issued due to the absence of corpus delicti or the case was terminated on this basis at the stage of preliminary investigation. At the same time, the release of an employee from criminal liability under an amnesty due to the expiration of the statute of limitations and for other non-rehabilitating reasons does not release him from full liability, since the criminal nature of the actions that caused the damage was established by a court verdict; 6) when the damage was caused as a result of an administrative offense, if such is established by the relevant state body. An administrative offense (offence) is an unlawful, guilty action (inaction), for which, in accordance with the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses, administrative liability is provided. According to Art. 22.1 of the Code of Administrative Offenses, cases of administrative offenses provided for by this Code are considered within the competence established by law: by judges (magistrates); commissions for minors and protection of their rights; federal authorities executive power, their institutions, structural divisions and territorial authorities, as well as other government bodies authorized to do so based on the tasks and functions assigned to them by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation. The decision of the court (justice of the peace) or the decision of the authorized body on the imposition of an administrative penalty for the commission of an administrative offense by an employee, if as a result of this misconduct the employer has suffered material damage, is the basis for bringing the employee to full financial responsibility. An employee who caused material damage to an employer as a result of an administrative offense compensates for this damage, regardless of the type of administrative punishment applied to him, for example, an administrative fine; 7) when the damage occurred as a result of disclosure by the employee of information constituting a legally protected secret (official, commercial or other). Disclosure of information constituting a secret protected by law is the basis for bringing the employee to full financial liability, provided that the employee’s obligation not to disclose the specified information is provided for by the employment contract concluded with him or an annex to it, and if full liability for damage caused by the disclosure of such information, expressly provided for by federal law. Federal Law "On Trade Secrets" in Art. 11 determined that in order to protect the confidentiality of information, the employee is obliged to: 1) comply with the trade secret regime established by the employer; 2) not to disclose information constituting a commercial secret owned by the employer and his contractors, and without their consent not to use this information for personal purposes; 3) not to disclose information constituting a commercial secret, owned by the employer and his counterparties, after the termination employment contract within the period stipulated by the agreement between the employee and the employer concluded during the term of the employment contract, or within 3 years after the termination of the employment contract, if the specified agreement was not concluded; 4) compensate for the damage caused to the employer if the employee is guilty of disclosing information constituting a commercial secret, which became known to him in connection with the execution of job duties . The employment contract with the head of the organization should provide for his obligations to ensure the protection of the confidentiality of information owned by the organization and its counterparties, and responsibility for ensuring the protection of its confidentiality. The head of the organization compensates the organization for losses caused by his guilty actions in connection with the violation of the legislation of the Russian Federation on trade secrets. In this case, losses are determined in accordance with civil law. In accordance with Art. 7 of this Law, the owner of information constituting a trade secret has the right to protect his rights in the manner prescribed by law in the event of disclosure, illegal receipt or illegal use by third parties of information constituting a trade secret, including claiming compensation for damages caused in connection with the violation of his rights . According to part 4 of Art. 11 of this Law, the employer has the right to demand compensation for the damages caused by the person who terminated the employment relationship with him, if this person is guilty of disclosing information constituting a commercial secret, to which this person received access in connection with the performance of his labor duties, if the disclosure of such information followed within the period established in accordance with paragraph. 3 h. 3 Article. 11 of this Law. Article 14 of this Law establishes disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation for its violation. The damage or losses caused are not compensated by the employee or the person who terminated the employment relationship, if the disclosure of information constituting a trade secret was the result of force majeure, extreme necessity or the employer's failure to fulfill the obligation to ensure the trade secret regime. According to paragraph 7 of Art. 243 of the Labor Code, disclosure of information constituting a secret protected by law is the basis for imposing material liability on the employee in the full amount of the damage caused only in cases provided for by federal laws. According to Art. 277 of the Labor Code, the heads of organizations bear full liability for direct actual damage in all cases of damage to the employer, and therefore in connection with the disclosure of secrets protected by law. It should be emphasized that in all cases of bringing employees to full liability, we can only talk about compensation for direct actual damage, because the recovery of lost income (lost profit) from employees (including the head, his deputies and the chief accountant of the organization) labor legislation does not provide; 8) in case of causing damage not in the performance of work duties by the employee. Full liability arises in this case, regardless of when such damage was caused: in working time after completion or before commencement of work. For example, an employee broke a machine while making some parts or items on it for personal purposes, caused an accident with a car while using it for his personal business, etc.

Employee liability- this is one of the types of liability that may be applicable to a person who is in labor relations with an employer. It can occur in violation of the requirements of the law or local regulations, as well as as a result of causing damage to them. Below we will talk about the existing typesemployee liabilityand the grounds that allow such measures to be applied to the perpetrators.

On the liability of the employee to the employer

An employee's material liability may arise in cases where his actions (or, conversely, inaction) were the basis for causing material harm to the employer.

It is important to note that prosecution is possible only if a number of conditions are met, the main of which are:

• the presence of fixation and evidence of the fact of the damage that was caused;
• the existence of a causal relationship between the damage that occurred and the actions (inaction) of the employee that caused such consequences;
• determination of the amount of damage caused.

At the same time, an employee can be held fully liable only in cases where an appropriate contract has been signed with him.

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For responsibility to come necessary condition is also conducting a check. This is carried out by authorized representatives of the employer or by a specially created commission appointed by order of the employer.

During the verification period, materials are collected that help to restore the picture of what happened and identify the guilty person. It is important to correctly and reasonably establish the amount of damage caused. The employee has the full right to get acquainted with all the materials received during the audit, to make objections and give explanations.

After checking, the employee is introduced to its materials, allowing him to express his own opinion regarding the decision made by the employer and the established amount of damage. The opinion must be expressed in writing, and if the employee refuses to familiarize himself or give explanations, the employer draws up an appropriate act.

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The material liability of an employee can be of several types:

• limited;
• complete;
• individual;
• collective.

On the limited liability of the employee

Limited liability is its most common type: in this case, employees compensate for the damage caused only in a certain part of the total amount of damage (incomplete amount of losses). In Art. 241 of the Labor Code of the Russian Federation states that an employee can be held liable only within the limits of his average monthly earnings - this is called the employee's limited liability.

In this case, the employer has the right to independently (without going to court) to impose a material penalty on the employee. On the other hand, the employee is also entitled to refuse to voluntarily repay the debt to the employer - then the disputed situation is considered in court.

On the full liability of the employee

By analogy with the previous version of liability, the full material liability of an employee is a variant such that the real damage is compensated to the employer in full, regardless of the size of the employee's salary.

Don't know your rights?

An employee can be brought to this kind of liability on grounds, the range of which is rather limited, as evidenced by Art. 243 TK:

1. Responsibility can come only when illegal actions are committed by the employee intentionally, i.e. he knows about the onset of adverse consequences and wants them to occur.
2. The full liability of an employee can also be discussed in cases where he commits guilty actions in a state of alcoholic / toxic / drug intoxication or damage is caused during the commission of a crime / offense. It is important to say that the fact of committing a crime by an employee must be established by the court, and the fact of committing an offense - by an authorized state body.
3. An employee may also be held liable for full liability for disclosure of state/commercial or any other secrets protected by law.
4. A similar type of liability is also applicable when an employee is entrusted with valuables - both under a specially concluded agreement, and under a one-time document.
5. Another reason for bringing an employee to full liability is damage caused to them as a result of actions not related to the performance of labor duties.

It should be said that the employment contract concluded with the chief accountant or any of the deputy heads may also contain conditions for full liability.

Agreements on such a degree of responsibility can be concluded with those employees who, in the course of their work, are engaged in the transportation, maintenance or receipt of goods and materials. At the same time, the list of works and professions that require the conclusion of such a document is established by the Decree of the Ministry of Labor of December 31, 2002 No. 85.

If we talk about the liability of employees under the age of 18, then it is mentioned in the provisions of Art. 242 of the Labor Code, in particular, it can occur only if they intentionally cause damage, causing it in a state of any kind of intoxication, or as a result of an administrative offense / crime.

Agreement on individual and collective liability (sample 2017-2018)

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Now we will deal with such varieties of responsibility of the material plane as individual and collective.

In the first case, the material liability of the employee should be considered that which is applicable to a particular employee in the event of causing material harm to the employer. It is important to note that this type of liability can be discussed in cases where the damage was caused as a result of proven illegal actions of a particular employee or due to his inaction.

Collective material liability occurs in cases where an agreement on it is concluded between the employer and the team (team) of employees. In Art. 245 of the Labor Code of the Russian Federation states that a liability agreement of this kind is concluded with a team of workers who, by the nature of their activities, have to transfer, receive, transport, store, maintain, or otherwise have free access to goods and materials. But this is possible only on the condition that the specifics of the team's activities do not allow bringing a particular employee to individual responsibility.

It should be noted that even if an agreement on the collective liability of employees is concluded, this does not mean at all that an individual employee of the collective will have to compensate for damage in any situation. According to paragraph 3 of Art. 245 of the Labor Code, if the employee manages to prove his non-involvement in actions (inaction) that caused damage to the employer, then he will be released from liability.

Employees with whom an agreement has been entered into collective responsibility, has the right to voluntarily conclude an agreement on compensation for damages with the employer. If the employees do not agree to compensation for damage, then the dispute is referred to the court, which must determine the degree of guilt of each of the employees and determine the amount of liability of each in proportion to their fault.

The agreement on collective liability of the sample of 2017-2018 (as well as previous years) is not subject to renegotiation if new employees were accepted into the team. However, the agreement can be changed at the initiative of the employer or upon dismissal of more than 50% of the team.

When should you go to court?

In accordance with current legislation, the employer has the right to independently bring the subordinate to liability of a material nature only when it comes to the amount of damage that does not exceed the average monthly earnings of the employee. In addition, the employer must make a decision to hold the employee liable no later than one month from the date of the final determination of the amount of damage caused. If the deadline for making such a decision has expired, it will be necessary to demand compensation for damage, regardless of its size, in court (part 2 of article 248 of the Labor Code of the Russian Federation).

If the amount of damage determined during the audit exceeds the average monthly salary of the employee, then in order to bring the latter to liability, it is necessary to go to court. It is also necessary to apply for protection to the courts in cases where the damage was caused by an already dismissed employee who is not currently in an employment relationship with the employer.

In addition, going to court to bring to liability an employee who does not agree to voluntarily compensate for the damage caused is also practically the only option.

It should also be noted that bringing an employee to liability does not prevent him from applying other sanctions provided for by law, including bringing him to criminal, administrative or disciplinary liability.

On the liability of the employer to the employee

In addition to the material liability of the employee, the legislator provided for the same for the employer in front of him - and in this case there can be no talk of limited liability. The employer is always liable for the damage caused in full (that is, in an amount equal to the losses actually incurred by the employee).

Such liability may arise in the following cases:

1. In case of unlawful deprivation of the employee of the opportunity to work. Of course, the latter needs to prove that such deprivation is unlawful. This item should include: illegal dismissal, suspension from work, refusal of the employer to fulfill the order given to him regarding the reinstatement of the employee at work, delay in issuing work book or entering incorrect or erroneous information into it, etc.
2. In case of damage to any property of the employee through the fault of the employer. This should include clothing, personal belongings and technical devices belonging to the employee, including those that the employee did not hand over to responsible storage(for example, in the wardrobe).
3. When delayed wages, as well as other payments due to the employee in accordance with applicable law. This violation entails not only bringing the employer to administrative or criminal liability (depending on the severity of the violation), but also civil liability - in the form of compensation to the employee for lost payments, and possibly penalties.

It should be noted that the responsibility of the employer for late payment of wages to the employee occurs regardless of whether there is his direct fault in the committed act. For example, if the non-payment is related to banking activities, the employer is still responsible for violating the terms of payment of wages.

Based on the foregoing, we can conclude that the material liability of the employee is inextricably linked with the rights of the employer, and the liability of the employer - with the rights of the employee. At the same time, the application of penalties to each of the parties should be carried out either on the basis of a voluntary agreement or on the basis of a court decision - and only subject to the procedure provided for by the current legislation.

Liability is one of the types of liability that an employer has the right to apply to an employee. It occurs in case of violations of the law or local acts and when the employee causes damage to the organization. Consider what limited and full liability is, in what cases such measures are applied to the guilty persons.

Full Liability and Limited Liability

Liability is the obligation of one of the parties to an employment contract to bear responsibility for the damage that was caused to the other party as a result of unlawful behavior. These may be actions or inaction, but the guilt of the person must be established.

There are 2 types of liability - full and limited. According to Art. 241 of the Labor Code of the Russian Federation, the limited liability of the employee is the obligation to compensate the employer for the direct actual damage caused to him, but not higher than the maximum limit established by law, which is determined in accordance with the amount of salary (read about the recovery of material damage by the employer from the employee). This maximum limit is the average monthly earnings of the guilty employee.

The concept of full liability is described in Art. 242 of the Labor Code of the Russian Federation. It is the obligation of the employee to compensate the employer for the direct actual damage caused to him in full.

There are other fundamental differences between the types of liability:

Manager's responsibility

The person who occupies leadership position, is obliged, in accordance with Article 277 of the Labor Code, part 1, to bear liability in full for the true direct loss caused to the organization or enterprise.

1. Incomplete material liability of an employee comes from the age of 14, and full - only from the age of majority.
2. An employee can be held liable in full only if he signed a special agreement with the director, his deputy or accountant. Duty to bear limited liability assumes a standard employment contract.
3. Fully financially liable are only employees holding certain positions that involve the performance of operations with money and valuables. All employees are limitedly financially responsible, regardless of whether they are in contact with money and valuables.

A prerequisite for bringing an employee to any kind of liability is work under an employment contract. If it is not concluded, the employer does not have legal grounds force the employee to compensate him for the damage caused. In this case, the employer himself will be responsible for the failure to register the employee - details.

Types of full liability contracts

The basis for the onset of material liability in full is the contract. It is concluded with a person who has reached the age of 18, simultaneously with the signing of an employment contract, if in order to fulfill official duties the monetary material values ​​of the organization are transferred to him.

Contracts, on the basis of which the full material liability of the employee comes, are of two types:

1. Individual. According to Art. 244 of the Labor Code of the Russian Federation, such an agreement can only be concluded with employees of strictly defined positions who, on duty, are in contact with the company's values ​​and perform operations with them.
2. Collective - is concluded between the employer and all members of the team (team), if it is not possible to distinguish between the degree of responsibility of each for causing damage (Article 245 of the Labor Code of the Russian Federation). Under this agreement, values ​​are entrusted to a specific group of persons. All members of the team are subject to liability in full, and in order to be released from it, a person must prove the absence of his guilt.

List of positions with which you can conclude an agreement on full liability

The law establishes a list of positions with full liability. These include:

List of works

The Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 also provides a list of works with the performers of which the employer can also conclude an agreement on full liability. In particular, it is the acceptance and payment of all types of payments; acceptance and delivery of goods; all types of work in the production of precious and semi-precious stones; work with nuclear and radioactive substances and some others.

• managers with their deputies, specialists and other employees in the field of financial services;
• drivers-collectors;
• directors, managers, administrators in the areas of trade, catering, consumer services, hotel services, their deputies and assistants;
• salespeople, cashiers and merchandisers;
• chiefs and masters of construction and installation departments;
• heads of warehouses and pawnshops, caretakers, commandants and custodians;
• senior nurses of health organizations;
• procurement/supply agents and forwarders;
• heads of pharmacies, deputies, technologists, pharmacists and pharmacists;
• laboratory assistants, methodologists of departments and deans, heads of libraries sectors.

For full and partial liability, the conclusion of an agreement on full liability and the list of positions with which such an agreement can be concluded, see the following video

List of circumstances under which full liability arises under Article 243 of the Labor Code of the Russian Federation

According to paragraph 1 of part 1 of Art. 243 of the Labor Code of the Russian Federation, the full liability of the employee to the employer is established only if three conditions are met:

• the presence in the federal law of an indication of the liability of employees in full;
• performance of the labor function, which, according to federal law, implies full financial responsibility;
• infliction by the employee to the employer of direct actual damage in the performance of his labor duties.

The following cases can be distinguished when the employee is liable in full:

1. Intentional damage.
2. Lack of values ​​entrusted to the employee on the basis of the contract.
3. Damage while under the influence of alcohol or drugs.
4. Causing damage as a result of criminal acts in the presence of a court verdict.
5. Causing damage as a result of an administrative offense, if this fact is established by the relevant state body.
6. Disclosure of information constituting a commercial, state, official or other secret protected by law.
7. Causing damage due to failure to perform official duties.

A minor worker can be held fully liable only in cases where he was under the influence of alcohol or drugs or caused damage to the employer as a result of an offense.

Circumstances under which limited liability arises

It is worth noting: in the event that the total amount of losses incurred does not exceed the limit for deduction within the framework of the law, then in the event of a limited liability, an absolute compensation by the employee for all losses is possible.

Common situations in which limited liability applies:

• payment by the employer of a fine for the employee (if the organization is fined through the fault of the employee, etc.;
• damage to valuables entrusted to perform official duties due to inattention or negligence;
• loss of significant documents if they cannot be restored on time, and due to their absence, the employer receives direct actual damage;
• non-compilation or incorrect compilation of documentation, as a result of which the employer is not able to carry out activities in full;
• expenses for the repair and restoration of damaged property;
• payments for the period of forced downtime or absenteeism;
• the employer’s shortfall in the funds due to him due to the fact that the employee neglected his official duties.

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