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Liability in full amount caused to the employer. 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?

According to the Labor Code of the Russian Federation (Article 238 of the Labor Code of the Russian Federation), the employee is liable for damage caused to the employer.

Material liability - legal term , which generally means duty persons reimburse damage caused to another person. In Russian law, the term is mainly mentioned in the context of labor law.

The liability of an employee to an employer is special kind responsibility, which is characterized by the following factors:

The subject of this type of liability can only be individual who is in an employment relationship with the employer at the time of causing direct actual damage;
the amount of liability of the employee depends on the nature of the offense and labor function worker.

An employee may be held liable if:

direct actual damage (Article 238 of the Labor Code of the Russian Federation);
unlawful behavior of an employee (part 1 of article 233 of the Labor Code of the Russian Federation);
the fault of the employee (part 1 of article 233 of the Labor Code of the Russian Federation).

Wherein material liability of an 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 storing property entrusted to the employee (Article 239 of the Labor Code of the Russian Federation).

Types of liability of an employee

Partial material liability of an employee, in which the employee is liable for the damage caused within the limits of his average monthly salary, unless otherwise provided by law (Article 241 of the Labor Code of the Russian Federation).
Full material liability of the employee, in which the employee compensates the direct actual damage caused to the employer in full (part 1 of article 242 of the Labor Code of the Russian Federation).

Full liability occurs in the following cases (part 1 of article 243 of the Labor Code of the Russian Federation):

imposition on the employee in accordance with the law of material liability in full for damage caused to the employer in the performance of the employee job duties. Such an obligation is assigned, for example, to the head of the organization (part 1 of article 277 of the Labor Code of the Russian Federation);
identification of a shortage of valuables entrusted to an employee 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 criminal actions of the employee, established by the court;
causing damage as a result of an administrative offense established by the relevant government agency;
disclosure of information constituting a legally protected secret (state, official, commercial or other);
causing damage not in the performance of work 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 (part 2 of article 243 of the Labor Code of the Russian Federation).

Employees under the age of 18 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 (part 3 of article 242 TC RF).

An agreement on full liability can be concluded with certain categories of employees (for example, cashiers, controllers, managers, managers, etc.). The list of such positions and works was approved by the Decree of the Ministry of Labor of Russia No. 85 of December 31, 2002 (part 2 of article 244 of the Labor Code of the Russian Federation).

The procedure for recovering material damage from an employee

In order to claim material damage from an employee or a group of employees, the employer must:

conduct an inventory of property in the organization and identify lost or damaged property;
appoint an internal investigation, create an internal investigation commission, establish the causes of loss or damage to property;
demand from the employee written explanations of the causes of damage, and in case of refusal or evasion of the employee from providing the specified explanation, draw up an appropriate act;
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 the data accounting(including wear);
if the damage was caused by several employees, it is necessary to determine the degree of fault and the amount of responsibility of each employee.

During the audit, as well as after its completion, the employee and (or) his representative have the right to get acquainted with all the materials of the audit and appeal against them.

Damage caused to the employer can be recovered both in court and in before judicial order. If the damage does not exceed the average monthly earnings of the employee, recovery is made on the basis of the employer's order without going to court.

The order can 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 (part 1 of article 248 of the Labor Code of the Russian Federation). 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 employment contract compensation for damages by installments 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 dismissal of an employee who gave a written commitment to voluntary compensation damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court (part 4 of article 248 of the Labor Code of the Russian Federation).

If the monthly 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 (part 2 of article 248 of the Labor Code of the Russian Federation).

Therefore, in order to recover damages, the employer can apply with statement of claim to the employee in court. In this case, a reduced limitation period is applied - one year (part 2 of article 392 of the Labor Code of the Russian Federation). If the employee quit without paying damages, the employer can also go to court.

Traditionally, liability is associated with labor relations, and to a greater extent with the duties of employees. Upon careful consideration of the issue of causing damage by action or inaction, one can see that, according to the Labor Code of the Russian Federation, such responsibility is, first of all, mutual, and when establishing it, it is necessary to adhere to the principle of equality of the parties.

Liability - what is it in simple terms

From the point of view of labor legislation, liability is a mutual obligation of the employee and the employer to compensate for the damage caused by one of the parties.

Material damage can be understood as:

direct destruction or loss of property;
decrease in the value of stocks as a result of the guilty actions of one of the parties (damage to valuables);
disclosure of information that caused losses;
loss of property owned by third parties, but transferred to the employer for safekeeping;
theft of the values of the employer or client.

From the point of view of labor legislation, only real damage can be considered, lost profits are not subject to compensation, Art. 238 of the Labor Code of the Russian Federation. The conditions for the onset of liability are described in detail in section XI of the Labor Code of the Russian Federation. In addition, the obligation to take care of the values used in the work process is listed as the main one in Art. 21 and article 22 of the Labor Code of the Russian Federation.

Types of liability

The method of compensation for the damage caused is directly dependent on how it is stipulated in the employment contract. Existing species Liability is classified according to:

the subject and amount of compensation - the obligation of the employee is differentiated, the employer - for the most part, full;
the number of subjects - individual and collective;
method of compensation - under an agreement, a one-time document or a court decision.

Labor legislation gives the employer the right to demand material compensation for the damage caused, but does not oblige to do this when each such fact is revealed, Art. 240 of the Labor Code of the Russian Federation.

Conditions for liability

By general rule, the employee's liability for material damage caused to the company does not automatically arise, even if the amount is established and proven. In order to hold a hired person accountable for written agreement or according to a one-time document (acceptance certificate, paper on responsible storage, invoice or inventory) there must be several essential conditions:

the damage is real (hypothetical damages within the labor relations not considered)
guilt in the actions (inaction) of the employee or criminal intent;
a proven causal relationship between the harm and the actions of the employee (memorandums, audit materials, inventory data, video surveillance materials);
lack of evidence that the person responsible has made every effort to avoid or reduce the amount of damage;
the injured party made a claim for compensation (voluntary or involuntary).

From the point of view of the onset of liability, the existence of an agreement on the obligation to compensate for the full amount of damage caused significantly reduces the duration of the procedure and the number of its stages. But even in the absence of a special clause in the labor contract or a separate agreement with the employer, the employee will not be able to avoid full liability (Article 243 of the Labor Code of the Russian Federation) if:

the damage was the result of intent;
the employee allowed the destruction of property in a state of intoxication (alcoholic, narcotic, toxicological);
material damage caused as a result of the offense;
the damage was not caused in the performance of labor functions (this case is not subject to the Labor Code of the Russian Federation and will be considered from the point of view of general legislation - civil or criminal).

In the presence of these conditions for the onset of liability, minors can be brought to it, but only in court, because the law does not provide for the conclusion of agreements on full liability with them, Article 242 of the Labor Code of the Russian Federation. It should be borne in mind that in cases of intentional harm, the Labor Code will not protect even pregnant women.

The principle of liability

The essence of liability labor law is more fully revealed if we highlight the principles of its imposition:

Engagement Principles	essence
Reciprocity	The measure of responsibility for the employee should not be higher than for the employer.
Holding parties liable only as a result of labor relations	Compensation for damage will be considered through the prism of the Labor Code of the Russian Federation only if the parties are united labor contract, and the fact of damage is related to the performance of work duties. If there is no such agreement between the parties, then it will not be about material, but about property damage under the Civil Code of the Russian Federation (the same applies to those who perform work under the GPA).
Guilt	It is possible to oblige the party to restore the lost only if there is irrefutable evidence of the guilt of the actions. The recognition of the employee can also act as confirmation.
Accounting for direct actual damage	The duty of the employer is not only to investigate and prove guilt, but also to determine the amount of destroyed or damaged property in monetary terms.
Possibility of reaching an agreement on the form and terms of repayment of obligations	The guilty party can compensate for the damage both in money and by providing similar serviceable property. The issue of repayment of the established debt in terms of amount, form and terms can be agreed with the employer. The Labor Code of the Russian Federation reserves the right for the latter to refuse the demand for debt.
Justice	Enforce payment for material damage, for example, when collective responsibility, you can only the one whose participation in this is fully proven. If a person was absent from work that day, then it is impossible to bring him to pay for the damage caused, even if he signed a common paper on full (team) responsibility.

Timing

Liability issues are considered within the scope of the provisions Labor Code only if the damage was caused as a result of the performance of work duties. Everything that is done outside the company or working hours must be qualified according to the norms of civil and criminal law. However, this does not mean that former employee cannot be held liable after the termination of the working relationship with him.

As an insurance, the employer can use, which provides for the opportunity to apply for compensation a year after the fact of material damage is identified and the perpetrators are identified. This right is also confirmed, which says that the termination of the employment contract does not terminate the right to receive compensation for damage caused during cooperation.

For the employee, the danger lies in the fact that checking the integrity of stocks and property may not occur on the day of dismissal, but much later. Theoretically, each business entity should conduct an inventory annually no later than the end of the year, before compiling the final reporting, Order of the Ministry of Finance No. 49. So the terms for filing claims can stretch up to two years after the dismissal of a specialist.

Employees who, according to the list of the Government, belong to those with whom it is allowed to conclude an agreement on the full liability of the employee, should know that upon dismissal, the employer is obliged to conduct an unscheduled inventory of the site entrusted to the specialist in order to identify shortages. If, according to the results of an extraordinary check, all valuables were available and in good condition, then the financially responsible person can be relatively calm.

The term for applying for compensation for damage is one year from the date of establishing the value of the lost valuables and the perpetrators, Art. 392 of the Labor Code of the Russian Federation.

Target

In addition to the return of the value of stolen or damaged valuables, liability pursues the achievement of a number of other goals:

restoration of the lost (money, property or other agreed method);
educational function - the inevitability of punishment helps the parties to be more attentive to their own obligations under the Labor Code of the Russian Federation;
legal significance - the parties can count on full compensation only if the procedures established by law are observed, otherwise this right will be lost.

limits

Article 242 of the Labor Code of the Russian Federation allows the employer to impose on employees full responsibility for the values entrusted to them. This can be done immediately upon signing an employment contract, in the process of work, draw up a separate agreement or issue an order imposing additional duties on a person.

In this case, a reservation will be essential that only representatives of certain professions from the list of positions related to maintenance can be held fully liable. Money or preservation of commodity stocks, art. 244 of the Labor Code of the Russian Federation. For these purposes, the Ministry of Labor of the Russian Federation, by its Decree No. 85, approved a list of professions and types of work, as well as samples of contracts on full individual and collective liability.

For those with whom the contract is not concluded, the limits of liability are established by Art. 241 of the Labor Code of the Russian Federation - no more than one average salary, calculated according to the rules of Art. 139 of the Labor Code of the Russian Federation. In addition, Art. 248 of the Labor Code of the Russian Federation limits the time period for obtaining even such an amount of compensation in the manner of a simple deduction from the settlement amount - this right can be exercised only within a month from the date of establishing the fact and amount of damage caused. If the deadlines are missed, the employer can recover compensation only through the courts.

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

The circumstances of damage to property or the loss of part of the stock may be taken into account in internal proceedings. To do this, when carrying out measures to establish the amount of damage, it is customary for an employee to require an explanation of his actions (inaction). If justifying moments are found, the employer has the right to refuse the compensation claim in whole or in part, Art. 240 of the Labor Code of the Russian Federation. At the same time, the authorities may be guided by considerations:

a small amount of damage;
life circumstances and material conditions of the offender;
the position of the owner of the property (may be contained, for example, in a collective agreement).

If the responsibilities at a new job are inextricably linked with the need to maintain and store the values of the company, understanding the individual subtleties of the concept of liability will not be superfluous for everyone entering the position. But even if the future specialty is not mentioned in the List of the Ministry of Labor, one should not forget that the obligation to monitor the safety of the employer's property is recorded as one of the main ones in Art. 21 of the Labor Code of the Russian Federation, and full liability can overtake even without an agreement signed on it.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

The full liability of the employee is his obligation to compensate the direct actual damage caused to the employer in full (part 1 of article 242 of the Labor Code of the Russian Federation). In contrast to the incomplete material liability of an employee, otherwise referred to as, full liability applies only in individual cases. We will recall them in more detail in our consultation.

Cases of full liability

First of all, the head of the organization bears full liability for direct actual damage caused to the organization (part 1 of article 277 of the Labor Code of the Russian Federation).

Other main cases when an employee is held liable in full for the damage caused are provided for in Art. 243 of the Labor Code of the Russian Federation. This is possible when the damage is caused:

in the performance of his labor duties by an employee who, in accordance with the Labor Code of the Russian Federation or other federal laws, is entrusted with full liability;
as a result of a shortage of valuables transferred to the employee on the basis of a special written agreement or received by him under a one-time document;
intentionally;
in a state of alcoholic, narcotic or other toxic intoxication;
as a result of the employee's criminal actions established by a court verdict;
as a result of an administrative offense, which is established by the relevant state body;
as a result of disclosure of information constituting a legally protected secret (state, official, commercial or other);
not in the performance of work duties by the employee.

In addition, full liability can be established by an employment contract, which is concluded with the deputy head of the organization, as well as with the chief accountant.

The most typical cases in organizations are such cases of full liability, which are based on contracts concluded with employees on individual or collective liability. We talked about such agreements in a separate one. Recall that the list of persons bearing full liability is generally limited. This means that the employer does not have the right to conclude an agreement on full liability with any employee with whom he wants. He is in without fail should be checked against the list of positions with full financial responsibility, which is provided

The employee comes in case of causing damage to the employer, if the employer proves:

the fact of causing material damage to him;
an offense committed by an employee, i.e. a guilty act or omission, as a result of which damage was caused;
the presence of a causal relationship between the action or inaction of the employee in the labor process, which caused damage;
the amount of damage;
in cases established by law, the existence of an agreement on full liability.

For this purpose, the employer conducts an inspection of the labor behavior of the employee who caused property damage. AT necessary cases a special committee is formed. Relevant specialists are included in its composition by order of the employer.

The employee is required to provide a written explanation of the reason for the property damage caused by him. The employee is obliged to give such an explanation by virtue of Part 2 of Art. 247 of the Labor Code of the Russian Federation. In case of refusal or evasion of the employee to provide an explanation, the employer draws up an appropriate act. In part 2 of Art. 247 of the Labor Code of the Russian Federation does not fix the period necessary for giving explanations. Since the basis of liability is an offense, a disciplinary offense, in this case the period provided for in Part 1 of Art. 193 of the Labor Code of the Russian Federation - two working days.

Unlike an employee, not only has the right to familiarize himself with all the materials of the verification of his offense that caused material damage, appeal against them, make petitions, i.e. contribute to the objectivity of the verification, but also involve a representative for this purpose (part 3 of article 247 of the Labor Code of the Russian Federation ). Such a representative may be a specialist who, in the opinion of the employee, provides the necessary knowledge for an objective, complete and legal analysis of the accusations against the employee of committing an offense that caused material damage to the organization.

By current legislation the employer is compensated only for direct actual damages. The employee does not compensate for the income not received as a result of the offense (lost profit). They are in accordance with Part 1 of Art. 238 of the Labor Code of the Russian Federation "are 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 its condition (including the property of third parties held by the employer, if he is responsible for its safety), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or to compensate for damage caused by the employee to third parties.

According to the current labor legislation, the material liability of an employee is limited to his average monthly earnings. Therefore, it is called limited. The limited amount of compensation for damage is explained not only by the legislator's concern for protecting the interests of the employee, but also by working conditions. During the working day, especially towards the end, the employee often has a decrease in self-control, an assessment of the danger that is always present when handling machines, tools, materials, semi-finished products, i.e., a situation is created that contributes to the production of defective products, tool breakage, increased wear means of production.

If the property damage does not exceed the average monthly earnings of the employee, the employer, with the consent of the employee, within a month may issue an order to recover the damage caused. This period is calculated from the date of completion of the inspection, establishment by the employer of the amount of damage caused by the employee.

An employer must go to court to recover damages if:

the employee does not agree to voluntarily compensate for the property damage caused;
the amount of such damage exceeds his average monthly earnings;
the employee quit and he has an outstanding debt for the damage he caused to the property of the employer.

The employee may, on his own initiative, compensate the damage caused to the organization in full or in part. The installment plan is established by agreement of the parties. The employee gives a written obligation to compensate for damage, indicating specific terms and amounts of payments.

With the consent of the employer, the employee can compensate for the damage by transferring property of equal value to the employer or repairing the damaged one.

The employer may refuse to recover damages, reduce its size, bring the employee to disciplinary responsibility, send materials to law enforcement agencies if the damage was caused by an administrative offense or a crime.

The legislator, in certain cases, establishes full financial liability of the employee for damage caused by him to the employer. It differs in content offenses and by subject matter.

In Art. 243 of the Labor Code of the Russian Federation, cases of the onset of full liability of an employee are fixed:

a situation where labor legislation imposes material liability on the employee for damage caused to the employer in the performance of labor duties (full material liability, for example, occurs with the telecom operator on the basis of Federal Law No. 126-FZ of July 7, 2003 "On Communications" );
shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document;
deliberate infliction of damage by the employee to the property of the employer;
causing damage in a state of alcoholic, narcotic or other toxic intoxication;
causing damage as a result of a crime committed by an employee and established by a court verdict;
infliction of damage by an administrative offense of an employee, if measures of administrative influence were applied to the employee or the fact of causing damage to the property of the employer was established;
disclosure of information constituting a state, official, commercial or other secret protected by law, if this is provided for by federal law, for example, “On Commercial Secrets”;
causing damage not in the course of performance by the employee of his labor duties, i.e. damage is caused by the employee in his spare time. At the same time, he uses the means of production belonging to the employer, as a rule, in his own interests.

According to the subject composition, the legislator highlights the features of full liability under the employer's agreement with the deputy head of the organization, the chief accountant (part 2 of article 243 of the Labor Code of the Russian Federation). The head of the organization bears full liability for direct actual damage caused to the organization (part 1 of article 277 of the Labor Code of the Russian Federation). In the cases provided for by law, he also compensates for the losses caused by his guilty actions, in accordance with the norms of civil law (part 2 of article 277 of the Labor Code of the Russian Federation).

An employee under the age of 18 is fully liable for damage caused to the employer only:

for intentional damage;
if the damage was caused by a minor employee in a state of alcoholic, narcotic or other toxic intoxication;
for damage caused as a result of an administrative offense or crime (part 3 of article 242 of the Labor Code of the Russian Federation).

Full financial responsibility of the employee may also be based on contract. Such an agreement is concluded with an adult employee upon employment, if material, monetary values are transferred (entrusted) to him to perform the labor function. The agreement is usually concluded when the employee enters the organization simultaneously with the employment contract. The standard form of an agreement on full liability was approved by the Ministry of Labor and social development RF December 31, 2002 The individual agreement provides for the rights and obligations of the employee and the employer. In particular, the obligation of the employer to create the conditions for the employee necessary for normal work and ensuring the complete safety of the property entrusted to him is stipulated. As a rule, failure to fulfill this obligation releases the employee from liability in whole or in part. The contract is drawn up in two copies, having the same legal force, and kept by each of the parties. An agreement on full liability is concluded only with an employee performing work or filling a position related to the storage, processing, sale (vacation), transportation or use in the labor process of material assets belonging to the employer. The list of positions, works is established on behalf of the Government of the Russian Federation of the Ministry of Health and Social Development of Russia. The parties to the employment contract cannot go beyond its limits. It is forbidden to expand the list in local regulations and collective agreement.

In the event of a change in the list approved by the Russian Ministry of Health and Social Development on December 3, 2002, the agreement on full liability should be revised accordingly.

Along with the labor legislation, collective (team) responsibility for property damage caused to the employer. It is also negotiable. The employer concludes an agreement with a collective (team) of employees, if, in the joint performance of work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, it is impossible to distinguish between the responsibility of each employee for damage and conclude an agreement with him on full individual liability (part 1 of article 245 of the Labor Code of the Russian Federation). The standard form of such an agreement was approved by the Decree of the Ministry of Labor of Russia of December 3, 2002 No.

An agreement on collective (team) liability is concluded in writing by the employer and all members of the team (team). It is developed by the parties on the basis of standard contract. The initiative usually comes from the employer and is formalized by his order (instruction), which is attached to the contract.

In the agreement on (team) liability, the following are fixed: 1) the subject of the agreement; 2) the rights and obligations of the collective (team) and the employer; 3) the procedure for keeping records and reporting; 4) procedure for compensation for damage. The contract is signed by the employer, the head of the team (team), all members of the team (team).

The head of the team (foreman) is appointed by order (instruction) of the employer, taking into account the opinion of the members of the team (team). During the absence of the foreman (leader), the employer assigns his duties to one of the members. The contract is not renegotiated upon departure or admission to the team (team) individual workers. In the event that more than 50% of the members of the team from its original composition or the team leader leave, the contract is renegotiated. When accepting individual employees into the team, the date of entry is indicated in the contract and the signature of the employee is put.

The contract fixes the obligation of the employer to create a team (team) the necessary conditions for the complete safety of the property entrusted to them to perform the assigned labor function. The employer is obliged to take timely measures to identify and eliminate the reasons that impede the safety of property transferred by the employer to the team, identify specific persons guilty of causing damage, and hold them accountable.

The collective under the contract is responsible for the direct actual damage caused to them, as well as for the damage incurred by the employer as a result of compensation for damage to third parties. Material damage is reimbursed by the team only if it occurred through the fault of its members.

The amount of damage caused to the property of the employer is determined by the actual losses, which are calculated at market prices in force in the area on the day the damage was caused. However, it cannot be lower than the value of the lost property according to accounting data. This takes into account the degree of depreciation of this property.

In accordance with Part 2 of Art. 246 of the Labor Code of the Russian Federation, the law may establish a special procedure for determining the amount of damage caused to the employer by theft, deliberate damage, shortage or loss certain types property and other valuables (precious metals, precious stones, drugs). This rule also applies to cases where the actual damage exceeds its nominal amount. Thus, the Federal Law of January 8, 1998 No. З-ФЗ “On Narcotic Drugs and Psychotropic Substances” provides for material liability of employees in the amount of 100 times the direct actual damage caused to the employer.

The Labor Code of the Russian Federation stipulates the circumstances excluding liability parties to the employment contract: force majeure, normal economic risk, emergency, necessary defense, failure by the employer to ensure proper conditions for the storage of property entrusted to the employee.

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.

Incomplete material liability of an employee comes from the age of 14, and full - only from the age of majority.
It is possible to bring an employee to full liability only if he signed a special agreement with the director, his deputy or an accountant. Duty to bear limited liability assumes a standard employment contract.
Only employees holding certain positions that involve the performance of operations with money and valuables are fully financially liable. 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:

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.
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:

Intentional damage.
Lack of values entrusted to the employee on the basis of the contract.
Damage while under the influence of alcohol or drugs.
Causing damage as a result of criminal acts in the presence of a court verdict.
Causing damage as a result of an administrative offense, if this fact is established by the relevant state body.
Disclosure of information constituting a commercial, state, official or other secret protected by law.
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 damages caused 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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