Protection of the rights of employers in labor relations. Features of the protection of labor rights of workers by trade unions, labor inspectorates, police and prosecutors. The damage is paid by the employer

Conflicts in the sphere of labor relations are not uncommon today. However, employers are in no hurry to apply to the courts and the prosecutor's office, but the protection of the employer's rights in court is necessary in order to prevent material costs.

Article 352 of the Labor Code of the Russian Federation defines a list of the main ways to protect rights and freedoms:

• self-defense by workers labor rights;
• protection through trade unions;
• state control of compliance labor law;
• judicial protection.

The employer is allowed to use only regulated forms of self-defense of labor rights, since other methods detract from the rights of employees guaranteed by law. Employers are prohibited from worsening the situation of employees in comparison with the current legislation.

Employers are allowed:

• suspend the employee from work on the basis of Art. 76 of the Labor Code of the Russian Federation;
• deprive the bonus, but the grounds must be provided for by internal regulations;
• apply remark, reprimand.

Not only employees need to protect their rights, but the employer also needs to defend their interests in order not to incur losses. The issue is especially relevant for megacities such as Moscow, when a large number of visiting workers do not always comply with the labor standards established by the company.

How is the protection of the labor rights of the employer

Employers often do not want to get involved in multi-stage procedures for dismissing employees, bringing them to material or disciplinary liability. They are limited to the requirement to resign on own will or withhold part of the salary. Such actions lead to judgments in favor of employees, with compensation for unused vacation, court costs, organizational costs, fines.

Note!

Effective protection of the labor rights of the employer begins with the organization of the right actions when concluding employment contract and the establishment of a labor schedule, the competent use of legal levers of influence on violators labor discipline correct formalization of relations with subordinates.

If it is necessary to restore and protect the labor rights of the employer, you should contact the prosecutor's office or the court. We recommend using the help of our qualified lawyers who will provide online consultation around the clock and free of charge. To do this, you only need to fill out the appropriate form provided on the site, or call one of the indicated phones.

Note!

Create legal stability for employer positions with local regulations to save on labor disputes.

Following the advice of an experienced lawyer, the employer:

1. will create an effective protection mechanism through:

• development of a form of an employment contract that best protects the interests of the employer and meets the requirements of the law;
• preparation of local regulations to create real leverage on employees;

1. be able, within the framework of the law, to dismiss an employee, bring him to disciplinary responsibility;
2. provide the greatest possible judicial protection;
3. resolve a collective labor dispute (you can use the mediation service).

Why contact a lawyer

Workers' claims may not always be considered justified; employees often use their rights in bad faith. How to win in court with such sad statistics labor disputes: Judges often take the side of workers. In order not to incur legal risks, the manager must conclude a correct contract with the employee and familiarize him with the job description.

Note!

The key to the well-being of the employer is impeccable personnel work. Fix the legally significant actions of the employee in accordance with the Labor Code of the Russian Federation, formalize them in acts, orders, certificates, orders.

If employees can afford not to know their rights and obligations, then the employer must know and strictly comply with the law. The employer can also take advantage of the employee's missed deadline to go to court, but this is not enough. To build a competent protection of your rights and interests, it is better to involve professional lawyers in labor law who will not only advise you on issues related to labor relations, but will provide comprehensive assistance in resolving conflict situations.

AT Russian Federation every citizen is able to protect his own rights by all means that do not contradict the law. They are listed in the Labor Code.

Article 352 indicates the following ways in which the protection of the labor rights of workers can be carried out:

Self defense;

These associations operate with the help of their bodies (trade union committees), labor inspectorates and trusted labor protection officers.

The authorized representative of the trade union committee, who will subsequently consider issues of labor protection, is selected, as a rule, at the general meeting all employees of the organization.

But labor inspectorates are created at the all-Russian level, as well as regional and territorial.

Protection of the labor rights of workers is the main goal of creating associations such as trade unions. Therefore, the powers of labor inspectors allow them to freely visit those enterprises that are the place of work of trade union members (and their form of ownership does not matter) in order to check whether the legislation on labor standards is observed there, whether previously signed agreements and contracts are fulfilled.

Labor inspectors for whose benefit the defense is authorized:

Monitor whether the employer complies with labor laws;

Independently conduct an examination of the conditions in which employees work, as well as the conditions for ensuring their safety;

Participate in the investigation of those accidents that occurred at work, and prof. diseases;

Receive from managers information about what conditions they have created in this organization for full-fledged work;

The powers of the inspectors include the protection of the labor rights of workers regarding issues related to the harm caused to their health at work;

Require employers to suspend work if they threaten the life and health of employees;

After discovering violations of labor legislation, require the employer to eliminate them;

Check whether the employer complies with the obligations regarding the protection and working conditions provided for in the collective agreement or contract;

Be a member of the commission, as independent experts, during the inspection of means of production before putting them into operation;

Participate in the proceedings of disputes that are related to the fact that the employer violated the norms and working conditions stipulated in the collective agreement;

Participate in the development of legal acts and laws that contain the establishment of labor law;

Participate in the development of legal acts subordinate to the law and related to labor protection, as well as coordinate them in accordance with the procedure established by the Government of the Russian Federation;

Demand from the relevant authorities that persons who violate labor laws or cover up what happened are held accountable.

In exercising the powers enumerated above, labor inspectorates closely cooperate with state bodies involved in supervision and control over strict observance of labor law provisions.

It is the responsibility of every employer to create conditions for trade unions to exist and operate (including in the field of human labor protection).

Unfortunately, not every employer can boast of exact and unquestioning compliance with the norms of the Labor Code of the Russian Federation. Not infrequently, violations are committed in the field of labor relations, as a result of which workers are forced to seek help. allows you to do this by all means not prohibited by law.

What should an employee do if his rights are violated?

When the legitimate interests of a worker are violated, action must be taken. The current legislation gives the employee the freedom to choose the means and methods in order to receive assistance. You can resolve the dispute on your own, alone, or you can contact various bodies and authorities for help to resolve your issue. To restore justice, all options are good.

The main thing is not to be inactive, since inaction gives rise to impunity for the illegal actions of the employer and provides him with a further opportunity to commit violations.

What is the name of the Labor Protection Service?

The main body for protection is the State Labor Inspectorate. The inspection resolves disputes that have arisen between the employee and the employer. In order to apply to the service for the protection of labor interests of workers, it is necessary to writing file a complaint, setting out the details of the issue.

The State Labor Inspectorate considers without fail absolutely all applications, answers are given, if a violation is detected, appropriate measures are taken against the employer in the form of sanctions.

The main ways to protect the rights of workers

Forms of protection of labor interests of workers are various.

There are several main ways:

• Self-defense when an employee acts alone;
• contacting a trade union;
• Appeal to a higher authority;
• Contacting State Inspectorate labor;
• Appeal to the commission on labor disputes;
• Appeal to the prosecutor's office;
• Appeal to the judiciary.

State control implies the implementation of systematic checks personnel activities organizations on the part of the inspection to identify violations.

As for the form of the complaint, it is mostly written. In self-defence, an oral statement is possible, the employee makes demands on the employer. When sending documents to various authorities, the complaint must be made in writing.

The procedure for protecting the rights of workers under the Labor Code of the Russian Federation

The Labor Code of the Russian Federation determines the procedure for protection. First of all, the deadlines for submitting applications must be observed. They are regulated by Article 392 of the Law. The total period is 3 months from the date of commission of illegal actions.

If the issue is related to dismissal, then the application must be written within a month from the date of receipt work book on your hands. In case of damage caused to an employee by the employer, the period of application is one year. It should be noted that if the employee did not have time to defend his rights within the specified time for good reasons, illness, forced change of residence, business trip, etc., then he can apply later than the established time.

As a rule, rights are first asserted at the local level - the worker puts forward verbal demands to his manager. He may also submit a written application, which must be considered within thirty days.

If everyone Taken measures at the local level did not bring the proper result, and it was not possible to avoid violations against oneself, it is advisable to contact government bodies for help.

Protection of the rights of workers - self-defense

The most peaceful way to avoid violation of the rights of an employee is through self-defense. To know your labor rights, you need to be familiar with the articles of the Labor Code of the Russian Federation. It is a visual aid on how to do it and how not to do it.

As soon as the employee becomes aware of the violation, it is necessary to take action. First you need to try to verbally discuss the problem with the manager, to find a compromise. If it was not necessary to agree orally, then a written appeal should be sent to the organization, in which the essence of the issue should be stated in detail. It is better to send a request by registered mail with a notification attachment to make sure the recipient gets it.

According to the law, a response must follow within a month. If the problem is not resolved, the next step is to contact the trade union body of the organization, and then to the state bodies for the protection of labor rights.

Judicial protection of the rights of workers - law

The Labor Code of the Russian Federation provides for judicial protection as a way to protect the labor rights of employees.

Usually, an employee goes to court when all other methods have proved powerless. In order to restore justice, a citizen puts forward a lawsuit in court. At the same time, it is very important to observe the deadline for applying, provided for by the Labor Code of the Russian Federation.

The subjects of the lawsuit of employees according to the data judicial practice are:

• Causing harm to a worker;
• Illegal dismissal;
• non-payment wages;
• Violation of the procedure for granting leave;
• Industrial injuries;
• Failure to pay due benefits and compensation upon dismissal;
• Other questions.

Most often, if a violation takes place, then the employee restores his legitimate interests, and also receives compensation from the organization for the harm and losses caused.

What is the protection of labor rights of workers? Why is it needed, what functions does it perform, and in what cases are employees entitled to various compensations, and employers - restrictions and fines?

The facts show that such a side of labor relations as an employee is the least protected. Leaders are different. It is difficult to call the management of some of them nothing but arbitrariness. Therefore, it is very important that the state protect employees from exceeding the powers of the head. Different states have different levels of such protection. But let's talk about Russia in more detail.

Residents of Russia have long been accustomed to the fact that higher authorities protect their rights. Ever since the domination of the Soviet political system. And this protection begins with the use of documents such as labor Code(TK). First of all, it is the Code that guarantees such protection.

The TC was created according to the traditions of the Labor Code. Particularly for this, section No. 13 was withdrawn. It regulates the concept and forms of protection of labor rights of workers, and other important issues. For example (far from all issues are mentioned below), how labor disputes are resolved, what responsibility the authorities will bear if the labor rights of an employee are infringed. That is, the legislation is interested in ensuring that all measures to protect the labor rights and freedoms of workers are implemented.

Speaking about this concept itself, it is first necessary to decide in what aspect it is of interest. It can be considered in narrow and broad aspects.

The protective function of labor law is the broad meaning of this concept. It, in turn, reflects the same function of the entire state. The protection of the labor rights of workers consists of several components, with the help of which it protects the rights of workers. But they will be discussed in more detail below.

In the meantime, it must be said that the protection of the rights of company employees in the broad sense includes this concept in the narrow sense. In a narrow sense, protection of rights is understood as a guarantee under which all rights of employees will be observed. They will be protected from violations, and employees of the organization - from them. If there has been an illegal violation of rights, protection means their real restoration. As well as a guarantee that, in accordance with the Labor Code and the instructions of the relevant authorities, employers will bear the responsibility provided for their violations. This responsibility should not be nominal, but more than real and effective.

Methods of protection that are used to protect the rights of employees

All of these methods are listed below:

1. Promotion of the execution of the TC by all possible ways. First of all, through the most frequently used media.
2. Establishment at the state level (with the help of other documents of labor legislation) the most decent working conditions at the enterprise. This also includes the guarantee of labor rights, which are increased and, if necessary, supplemented. They are developed by regional labor laws.
3. Continuous improvement of democratic production. It can be carried out both with the help of representatives and directly. Democracy through representatives is understood to mean “through other employees or trade union organizations”. It is important that the employees themselves help to form the internal regulations, decide whether it is necessary to conclude collective agreements. It is very important that not only the employer makes such decisions. In this way, a kind of equality between the employer and the people working for him is realized.

Including methods involve the implementation of such an important point as social protection personnel.

In addition, the rights of employees are required to protect organizations that deal with labor disputes. It is equally important that their social security is also ensured. If necessary, staff should be able to apply to the courts.

Different types of control over the rights of employees, who exercises it

The most important and having the opportunity to make the most important decisions is state control. The organizations that are responsible for it include companies involved in labor protection.

Supervision and control over compliance with the rights of personnel is divided into several types:

• preliminary;
• current;
• subsequent.

The implementation of the last of these types of control is carried out by such organizations as the prosecutor's office and the court. They start their work in the event that it was revealed that the labor rights of employees and labor protection rules were violated. By the way, it is the rules of labor protection that regulate such an important thing as the social protection of workers.

In other cases, a large number of other organizations deal with issues of supervision and control in the sphere of labor. To ensure that all labor laws are executed as accurately as possible, the Prosecutor General's Office of the Russian Federation and lower bodies of this kind are constantly working.

Which organization is responsible for state control over the observance of the rights of workers and all labor protection laws? First of all, it is produced with the help of the Federal Occupational Safety and Health Inspectorate and other agencies that are subordinate to it. It is the Federal Inspectorate that is the main body that regulates the protection of workers' rights.

Other important points about these organizations

Together with the inspectorate, organizations specially designed for this purpose control the safety of work in certain industries.

The activities of each of these bodies are regulated special provisions relating to each of them.

What rights does each of these organizations have? In particular, they can visit any organization or production under their jurisdiction at any time without any obstacles. Of course, only if they need to do this to check or investigate accidents. In addition, they have the right to issue instructions to the administrations of these industries, which they must comply with without fail. If the equipment being used is found to be defective, they have the right to temporarily stop using it. If the officials production organizations committed labor offenses, then these authorities have the right to impose fines on them.

In addition to the organizations mentioned above, trade union organizations play an important role in monitoring the protection of workers' rights.

This is one of the forms of association of workers. The rights of trade unions are regulated by the Labor Code of the Russian Federation. This organization has a lot of power. In particular, management cannot accept a single document that says anything about the rights and obligations of workers without taking into account the opinion of trade unions. Every worker has the right to join a trade union. This right is given to him by the Constitution of the Russian Federation. How is the activity of trade union organizations regulated?

First of all, by themselves and various regulations. But, as already mentioned, they have many rights, thanks to which all measures of social protection of personnel are provided in practice. Therefore, this service is very important.

A few words of conclusion

In accordance with the legislation, the protection of the labor rights of workers by trade unions and other organizations should help make their work safe, in compliance with all measures to protect workers (including the protection of their rights), and their social security.

Explanations are regularly published in the media on how an employee can defend his rights in a dispute with an employer. Thanks to the abundance of such information, citizens have become “savvy”: for the most part, they are well aware of their right to go to court and use it more and more often. But the fact that in the process of labor relations the rights of employers may be violated is for some reason mostly silent ... However, we all know that the employer can be the injured party, including the financially injured. In the last issue of the Personnel Officer's Handbook, we identified the grounds on which an employee can be held liable. Today we will continue the topic and dwell on the procedure for bringing an employee to liability.

As is known, current legislature provides various ways protection of the labor rights of the employee.

Method 1. By contacting the competent authorities state power(GIT, prosecutor's office, court, etc.).

Method 2. Protection of labor rights by trade unions.

Method 3. Self-defense, i.e. the ability to refuse to perform work in cases established by law.

In relation to the employer, the law does not establish such a list of forms and methods for protecting his rights arising from labor relations. This is due to the fact that the employer is an initiative figure in these respects, organizes labor process. And the need to appeal to the authorities arises, as a rule, in the case of property claims against the employee:
on compensation for material damage caused by the employee;
on compensation for training costs if the employee refuses to work stipulated by the treaty for a training period, etc. Let's see how the employer can restore their violated rights in these situations.

PROCEDURE FOR RECOVERY OF MATERIAL DAMAGE

The procedure for recovering material damage caused to the employer is regulated by Art. 248 of the Labor Code of the Russian Federation. Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit in order to establish the amount of damage and the reasons for its occurrence. In the course of the audit, it should be clarified whether the employee’s behavior was unlawful and his guilt in causing damage.

Note! The obligation to prove the amount of damage caused lies with the employer

To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists. The results of the commission's work are documented.

So, in the course of the work of the commission, a protocol can be drawn up, based on the results of its work, an inspection report or a conclusion on the amount of damage and the reasons for its occurrence can be drawn up.

Individual entrepreneur V. filed a lawsuit against B. and P. She demanded compensation for the damage caused to the employer by employees in the performance of job duties. It followed from the materials of the case that B. and P. were hired by V. as sellers of non-food products in the department “ Household chemicals» store "M". An agreement on full collective liability was concluded with them. When formalizing labor relations and concluding an agreement on material liability, an inventory list of inventory items entrusted to the defendants dated 10.07.2006 was drawn up. At the same time, the shortage according to the specified inventory amounted to 291.40 rubles. An inventory carried out later (August 11, 2006) showed a shortage in the amount of 17,848.12 rubles. An inventory list dated 12.08.2006 was also submitted to the case file, according to which the shortage amounted to 213.43 rubles.

According to the decision of the court, a forensic accounting examination was appointed. However, the expert said that it was not possible to conduct an examination based on the materials of the case: the employer does not keep records of inventory items, and the case does not contain reliable data on the number of inventory items entrusted to the defendants.

Court decision in satisfaction of claims individual entrepreneur V. was refused. The court indicated that the amount of damage that the plaintiff asked to recover from the defendants was not confirmed primary documents accounting, the reasons for the shortage - in violation of the requirements of the current labor legislation - were not established by the employer, evidence of damage caused by the plaintiff was not presented at the hearing.

Advice Determine and inform the employee of the period during which he must submit written explanations to establish the cause of the damage

It is mandatory to request a written explanation from the employee to establish the cause of the damage. The requirement of the employer to provide written explanations should be made in writing, for example, in the form of a notification sent to the employee (attachment).

At the same time, the legislation, in contrast to the situation of demanding explanations from the employee about the violation of labor discipline, does not establish a period during which the employee must give such an explanation. This gives grounds to assert that it is set by the employer independently.

In case of refusal or evasion of the employee to provide the specified explanation, it is advisable to draw up an appropriate act.

The employee is given the right to familiarize himself with all the collected materials and executed documents.

The damage is paid by the employer

Note! The procedure for recovering damages depends on its size.

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

Thus, in some cases, the employer can independently compensate for the damage caused by the employee by deducting from wages.

Indisputably by order of the employer material damage may be recovered from the employee under the following conditions.

Condition 1. The amount of damage does not exceed the average monthly earnings.

Condition 2. The order to recover damages is made no later than one month from the day the employer determined the amount of damage caused.

As a result of the inventory in our store, a shortage of goods was revealed for a total of 15,550 rubles, which occurred through the fault of the seller A. Can we withhold the entire amount from it, given that A.'s salary is 21,000 rubles?

No, it is not possible to recover the entire amount of damage at once in this case. This is due to the fact that the deductions from the employee's wages to pay off the damage caused to the employer should not exceed the limits established in Art. 138 of the Labor Code of the Russian Federation: the total amount of all deductions for each payment of wages cannot exceed 20%.

Damage to be awarded by the court

In the event that the monthly period for issuing an order (instruction) of the employer to recover damages has expired or the employee does not agree to voluntarily compensate for the harm caused to him, and the amount of damage to be recovered from the employee exceeds his average monthly earnings (part 2 of article 248 of the Labor Code RF), recovery can be carried out only by the court.

In which courts are cases on the claims of the employer against employees for the recovery of material damage caused?

Note! If the employer violates the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court

In accordance with Part 1 of Art. 232 of the Labor Code of the Russian Federation, the obligation of the employee to compensate for the damage caused to the employer arises in connection with labor relations, therefore, cases in disputes over the material liability of the employee for damage caused to the employer, including in the case when the damage was caused by the employee not in the performance of his labor duties, according to Art. 24 Code of Civil Procedure of the Russian Federation are considered by the district court as a court of first instance.

According to the same rules, cases are considered on the claims of employers, filed after the termination of the employment contract, for compensation for damage caused by the employee during the validity of the contract, which, as follows from Part 2 of Art. 381 of the Labor Code of the Russian Federation are individual labor disputes.

According to part 2 of Art. 392 of the Labor Code of the Russian Federation, the employer may apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage.

The statement of claim is submitted by the employer to the court in writing.

Note! The limitation period for claims for compensation by the employee for damage caused to the employer is one year from the date of discovery of the damage.

According to Art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must indicate: 1) the name of the court to which the application is submitted; 2) the name of the plaintiff, the location of the organization, as well as the name of the representative and his address, if the application is submitted by a representative; 3) the name of the defendant, his place of residence 4) what is the violation of the rights, freedoms or legitimate interests of the plaintiff and his claims; 5) the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances; 6) the cost of the claim, as well as the calculation of the amounts recovered or disputed; 7) compliance information pre-trial procedure appeal to the defendant; 8) a list of documents attached to the application.

The following documents must be attached to the claim:
copies statement of claim in accordance with the number of defendants and third parties;
a document confirming the payment of the state fee;
a power of attorney or other document certifying the authority of the plaintiff's representative;
documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies (an employment contract with an employee, orders for employment, dismissal, an agreement on full liability, etc.) ;
Calculation of the exacted or contested amount of money, signed by the plaintiff, his representative, with copies - in accordance with the number of defendants and third parties.

The employer, when filing a claim for compensation for damage caused by an employee, is obliged to pay a state fee in the amount provided for in subpara. 1 p. 1 art. 333.19 of the Tax Code of the Russian Federation.

At the same time, in accordance with Art. 250 of the Labor Code of the Russian Federation, the court may, taking into account the degree and form of guilt, the financial situation of the employee and other circumstances, reduce the amount of damage to be recovered, but is not entitled to completely release him from such an obligation.

AT No. 2‘2007 Plenum Supreme Court The Russian Federation explained: when assessing the financial situation of an employee, one should take into account his property status (the amount of earnings, other basic and additional income), his marital status (the number of family members, the presence of dependents, deductions from executive documents), etc. (p. 16 of the Decree of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 No. 52 “On the application by the courts of legislation regulating the liability of employees for damage caused to the employer”).

As a result of the consideration of the case on causing material damage, the court of first instance, by a decision dated 10.04.2008, recovered from K. in favor of OOO “V” in compensation for material damage the amount of 10,338.06 rubles.

The court of second instance agreed that the employee caused material damage to OOO V in the specified amount. However, given the difficult financial situation of the defendant, the presence of a minor child who at the time of the consideration of the case was not even a year old, the death of his mother immediately before the decision was made, the court of second instance reduced the amount of damage to be recovered from K. in favor of OOO "V" , up to 3000 rubles.

Reducing the amount of damage is permissible in cases of both full and limited liability.

There was a shortage in our warehouse. For the employees of this structural unit entrusted with a full collective (brigade) material liability. The amount of damage is very large, the case for compensation will be considered in court. How likely is it that the court in such a situation will reduce the amount of damage to individual workers?

Reducing the amount of damages to be recovered is also possible with collective (team) liability, but only after determining the amounts to be recovered from each member of the team (team), since the degree of guilt, specific circumstances for each member of the team (team) may be different. For example, the active or indifferent attitude of this or that employee to the prevention of damage or reduction of its size will be taken into account.

At the same time, it should be taken into account that a reduction in the amount of the penalty from one or more members of the team (team) will not serve as a basis for a corresponding increase in the amount of the penalty from other members of the team (team).

Note! Reducing the amount of damage to be recovered from the employee is not made if the damage was caused by a crime committed for personal gain, in a state of alcoholic, narcotic, toxic intoxication or intentionally

The right to reduce the amount of damage that is recovered from the employee belongs not only to the court. In accordance with Art. 240 of the Labor Code of the Russian Federation, the employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the employee. At the same time, the owner of the property of the organization may restrict the specified right of the employer in the cases provided for federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents organizations.

The employee compensates for the damage voluntarily

An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part.

By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee gives 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 damages, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

In order to compensate for the damage caused, the employee may transfer to the employer, with his consent, property of equal value or repair the damaged item.

Application

An example of a notice to an employee about the need to provide a written explanation of the fact of causing material damage to the employer