Labor Code of the Russian Federation. Labor Code of the Russian Federation Bringing an employee of the Labor Code of the Russian Federation to liability

The liability of an employee under labor law as a sanction for a labor offense is one of the types of legal liability. These issues are regulated by Chapter 39 of the Labor Code of the Russian Federation. . For damage or destruction due to negligence of materials, semi-finished products, products (products), including during their manufacture, workers and employees are liable in the amount of damage caused through their fault, but not more than their average monthly earnings. In the same amount, workers and employees are liable for damage or negligent destruction of tools, measuring instruments, special clothing and other items issued by the enterprise, institution, organization to the employee for use.

In order for the employer to be able to prove the fact of the transfer of property to the employee for the performance of labor duties, it is advisable to conclude an appropriate agreement indicating the value of the transferred property, namely, an agreement on the transfer of property to the employee for the performance of labor duties. In case of dismissal of an employee, it is necessary to conclude an additional agreement to such an agreement on termination of its validity.

If the material assets of the organization are damaged as a result of an accidental combination of circumstances or for any other reasons beyond the control of the employee, then it is not his fault and it is impossible to withhold money from his salary. But if the employee caused the damage intentionally or through negligence, then he will have to compensate for this damage at his own expense. In this case, the fault of the employee must be proven.

the employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee.

The material liability of an employee to the employer is limited to the average monthly salary of the employee, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

Full financial responsibility is assigned to the employee in the following cases when, in accordance with Art. 244 of the Labor Code of the Russian Federation, a written agreement was concluded between the employee (employees) and the organization on the assumption of full individual or collective (team) liability for failure to ensure the safety of property and other valuables transferred for storage or for other purposes.

An employment contract or written agreements attached to it may specify the liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than it is provided for by the Labor Code of the Russian Federation or other federal laws. So, the employer can take on additional obligations without any conditions, and the employee - only in cases where this is provided for by the labor code.

In accordance with Art. 248 of the Labor Code of the Russian Federation, an employee guilty of causing damage has the right to voluntarily compensate for the damage in full or in part by depositing the appropriate sums of money into the cash desk of the organization or with the consent of the administration in kind (by transferring an equivalent or corrected property in his free time without payment).

Source: Federal Portal for Support of Small and Medium Enterprises

Criminal and administrative liability of the employer

If for violation of the established deadline for the payment of wages, payments upon dismissal and other payments due to the employee, the employer is obliged to pay him monetary compensation, then much stricter liability is provided for non-payment of wages, pensions, scholarships, allowances and other payments for more than two months (Article 145.1 Criminal Code of the Russian Federation). According to the above article, non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law, committed by the head of an enterprise, institution or organization, regardless of the form of ownership out of mercenary or other personal interest, is punishable by a fine of up to 80 thousand rubles. or in the amount of the wage or other income of the convicted person for a period of up to six months, or by deprivation of the right to occupy certain positions or engage in certain activities for a term of up to five years, or by deprivation of liberty for a term of up to two years.

Art. 136 "Violation of the equality of rights and freedoms of man and citizen" of the Criminal Code of the Russian Federation. Such a violation can be expressed in discrimination against employees, i.e. violation of labor rights depending on gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations or any social groups. For example, unjustified refusal to hire, dismissal, creation of conditions for career growth, patronage or connivance in the service and other similar actions in relation to persons of a certain nationality, party affiliation, place of residence.

One of the constitutional rights of an employee, which is provided for by Part 5 of Art. 37 of the Constitution of the Russian Federation , is the right to rest. According to the above article, everyone has the right to rest. A person working under an employment contract is guaranteed the length of working time established by federal law, weekends and holidays, and paid annual leave.

Violation by the employer of the provisions of the Labor Code of the Russian Federation regarding the rest of the employee can be considered as a violation of the rights and freedoms of man and citizen (Article 136 of the Criminal Code of the Russian Federation) .

The labor rights of employees are also protected by art. 145 of the Criminal Code of the Russian Federation, which establishes liability for unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as a woman with children under the age of three.

The legislator in the Code of Administrative Offenses provides for Art. 5.27 - for violation of labor legislation and labor protection. This norm does not have an expansive interpretation, i.e. under this article, any official can be held liable, regardless of the severity of the offense.

So, violation of labor legislation and labor protection entails the imposition of an administrative fine on officials in the amount of 1 thousand to 5 thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from 1 thousand to 5 thousand rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30 thousand to 50 thousand rubles. or administrative suspension of activities for up to 90 days.

Violation of the legislation on labor and labor protection by an official who has previously been subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.

TC RF).

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

• the subject of this type of liability can only be an 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 the labor function of the employee.

Conditions for holding an employee liable

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).

At the same time, the employee’s material liability 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

1. Partial material liability, in which the employee is liable for the damage caused within the limits of his average monthly earnings, unless otherwise provided by law (Article 241 of the Labor Code of the Russian Federation).

2. Full liability, 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).

In this case, full liability occurs in the following cases (part 1 of article 243 of the Labor Code of the Russian Federation):

• the imposition on the employee in accordance with the law of material liability in full for the damage caused to the employer in the performance of labor duties by the employee. 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 state body;
• 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 eighteen bear full financial responsibility only for the intentional infliction of 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).

Note. An agreement on full liability can be concluded with certain categories of employees (for example, cashiers, controllers, managers, managers, etc.). Scroll such positions and works approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 N 85 ( Part 2 Art. 244 of the Labor Code of the Russian Federation).

The procedure for recovering material damage

In order to recover damages 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 (clause 27 of the Regulations on Accounting, approved by Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n);
• appoint an internal investigation, create an internal investigation commission, establish the reasons for the loss or damage to property (part 1 of article 247 of the Labor Code of the Russian Federation);
• demand from the employee a written explanation of the causes of the damage. In case of refusal or evasion of the employee from providing the specified explanation, draw up an appropriate act (part 2 of article 247 of the Labor Code of the Russian Federation);
• determine the amount of damage based on actual losses at market prices on the day the damage occurred, but not lower than the value of the property according to accounting data (including depreciation) (part 1 of article 246 of the Labor Code of the Russian Federation);
• 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 (part 3 of article 247 of the Labor Code of the Russian Federation).

Damage caused to the employer can be recovered both in court and in pre-trial 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 to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In the event of the dismissal of an employee who gave a written obligation to voluntarily compensate for 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 file a claim against the employee in court. In this case, a reduced limitation period is applied - one year (part 3 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.

Note!

Compensation for damage is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer ( Part 6 Art. 248 of the Labor Code of the Russian Federation).

One of the basic rights of the employer in accordance with the provisions of Article 22 of the Labor Code of the Russian Federation is the right to bring employees to liability in the manner prescribed by applicable law.

Based on Art. 233 of the Labor Code of the Russian Federation, the material liability of a party to an employment contract occurs for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

Liability arises under the simultaneous presence of the following conditions:

• unlawful behavior (action or inaction) of an employee;
• a causal relationship between the illegal act and material damage;
• guilt in committing an unlawful act (inaction).

According to Article 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for the damage caused to him direct actual damage*.

Note:Lost income (lost profit) recoverable from the employeenot subject to .

*Direct actual damage means:

• a real decrease in the employer's cash assets,

• deterioration in the condition of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property),

• the need for the employer to make costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties.

“Direct actual damage can be attributed, for example:

• lack of money or property values,
• damage to materials and equipment,
• the cost of repairing damaged property,
• payments for the time of forced absenteeism or downtime,
• the amount of the fine paid.

• limited liability,
• full liability.

Such a norm is established by the provisions of Article 241 of the Labor Code of the Russian Federation.

In this article we will talk about the provisions of the current legislation regarding the liability of employees, in particular:

• on cases of full liability of employees,
• on the procedure for recovering from employees the damage caused by them,
• on the recovery from employees of the cost of training paid by the employer,
• etc.

Full financial responsibility of employees

Liability in the full amount of the damage caused can be imposed on the employee only in cases provided for by the Labor Code of the Russian Federation or other federal laws.

Cases of full liability are provided for by Article 243 of the Labor Code of the Russian Federation.

According to the provisions of Article 243 of the Labor Code of the Russian Federation, liability in the full amount of the damage caused is assigned to the employee in the following cases:

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

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

1. intentional damage;

1. causing damage in a state of alcoholic, narcotic or other toxic intoxication;

1. causing damage as a result of the employee's criminal actions established by a court verdict;

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

1. disclosure of information constituting a legally protected secret:

• state,
• service,
• commercial,
• other

1. causing damage not in the performance of work duties by the employee.

In addition, on the basis of Article 277 of the Labor Code of the Russian Federation, the head of the organization bears full liability for direct actual damage caused to the organization.

In the cases stipulated by federal laws, the head of the organization compensates the organization for losses* caused by his guilty actions.

*Calculation of losses is carried out in accordance with the norms provided for by civil law.

So, for example, in accordance with paragraph 2 of article 44 of the Federal Law of 08.02.1998. 14-FZ "On Limited Liability Companies", the head of the company is liable to the company for losses caused to the company by their guilty actions (inaction), unless other grounds and amount of liability are established by federal laws.

Paragraph 2 of Article 71 of the Federal Law of December 26, 1995 contains similar norms. No. 208-FZ "On Joint Stock Companies".

According to Article 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability * can be concluded with employees who have reached the age of eighteen and directly serve or use monetary, commodity values ​​or other property.

*That is on compensation to the employer for the damage caused in full for the shortage of property entrusted to employees

Note:aged workersunder 18 bear full financial responsibilityonly in exceptional cases :

• intentional damage,
• for damage caused in a state of alcoholic, narcotic or other toxic intoxication,
• for damage caused as a result of a crime or administrative offense.

Recovery of damages from a financially responsible employee

• based market prices operating in the area on the day of the damage, but not less than the value of the property according to accounting data taking into account the degree of wear and tear of this property.

In addition, it is mandatory to demand a written explanation from the employee to establish the cause of the damage. If the employee refuses or evades providing explanations, it is necessary to draw up an appropriate act.

To determine the amount of damage, it is necessary to conduct an inventory. In accordance with paragraph 2 of Article 11 of the Federal Law of 06.12.2011. No. 402-FZ "On Accounting", the inventory reveals the actual presence of the relevant objects, which is compared with the data of accounting registers.

Usually, a commission with the participation of relevant specialists is created to conduct an audit.

The commission may include, for example:

• caretaker,
• chief engineer,
• security guard
• lawyer,
• accountant,
• etc.

The created commission should establish:

• the presence or absence of circumstances that exclude the liability of the employee;
• unlawful actions of the employee in causing damage to the property of the employer;
• the fault of the employee in causing damage to the company;
• the presence of a causal relationship between the behavior of the employee and the resulting damage;
• the presence or absence of direct actual damage.

• whether the fault of the employee was established;
• whether there have been unlawful acts on his part;
• whether it was possible to establish a causal relationship between the actions of the employee and the damage caused.

Primary documents confirming the conduct and results of the inventory, as well as written explanations of the employee and, if necessary, any other documents, are attached to the act.

In accordance with the provisions of Article 247 of the Labor Code of the Russian Federation, the employee and (or) his representative have the right to get acquainted with all the materials of the audit and appeal against them in the manner established by the Labor Code of the Russian Federation.

On the basis of Article 248 of the Labor Code of the Russian Federation, the recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer.

note: Such an order can be madeno later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.

In cases where:

• month has expired

• the employee does not agree to voluntarily compensate for the damage caused to the employer, the amount of which exceeds his average monthly earnings,

The employee may voluntarily compensate for the damage caused in whole or in part.

By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms.

In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

With the consent of the employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property.

Note:Compensation for damage is maderegardless of bringing the employee to disciplinary, administrative or criminal liability for actions or omissions that caused damage to the employer.

Reimbursement of costs associated with employee training

• employment contract,
• or learning agreement,

The amount of reimbursement of such expenses is calculated in proportion to the time actually not worked after graduation (unless otherwise provided by the employment contract or training agreement).

At the same time, the terms of the employment contract or training agreement that worsen the position of the employee are illegal and can be challenged by the latter in court. In this case, the court is likely to take the side of the employee.

Thus, by the Ruling of the Supreme Court of the Russian Federation of September 28, 2012 No. No. 56-KG12-7, the court decided that the employee’s claim for the recovery of excessively withheld amounts was lawfully satisfied, since the court correctly calculated the amount in proportion to the time actually not worked after graduation, since the condition of the student agreement, which provides for the employee’s full reimbursement of the cost of training , worsens the position of the employee and is contrary to the requirements of Art. 249 of the Labor Code of the Russian Federation:

“In resolving the dispute, the court, referring to the provisions of Article 249 of the Labor Code, calculated the amount to be reimbursed to the plaintiff in proportion to the time actually not worked by the defendant after the end of training, and not in full amount spent on the training process.

At the same time, the court pointed out that the condition of the apprenticeship agreement, which provides for full reimbursement by the employee of the cost of training, and not in proportion to the time worked after graduation, worsens the position of the employee and contradicts the requirements of Article 249 of the Labor Code.”

A similar position is set out in the Letter of the Federal Service for Labor and Employment dated April 13, 2012 No. №549-6- 1 “On the illegality of including in an employment contract or agreement on training a provision providing for the obligation of the employee to reimburse training costs, regardless of the term of dismissal”:

“Article 249 of the Labor Code of the Russian Federation provides that reimbursement of costs associated with the training of an employee is possible if the employee leaves without good reason before the expiration of the period stipulated by the employment contract or training agreement at the expense of the employer.

According to Article 57 of the Labor Code, an employment contract may provide foradditional conditions that do not worsen the position of the employee compared to the set

• labor law,
• other normative legal acts containing labor law norms,
• collective agreement,
• agreements
• local regulations,

The inclusion in an employment contract or training agreement of a provision providing for the obligation of an employee to reimburse training costs regardless of the term of dismissal, in our opinion, reduces the level of employees' rights, since employees have an obligation to reimburse costs in any case, regardless of working out a certain period.

In accordance with Article 9 of the Code, collective agreements, agreements, labor contractscannot contain conditions restricting the rights or reducing the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms.

If asuch conditions included in a collective agreement, agreement or employment contract, theyare not applicable .»

In order to reimburse the cost of training a departing employee, the following conditions must be met:

• the employee is sent for training by the employer;
• the employer paid for the training of the employee;
• there is a condition in the employment contract on the training of the employee at the expense of the employer, or a training agreement has been concluded with the employee;
• the employment contract or training agreement stipulates that after training, the employee is obliged to work in the company for a certain time (for example, a year);
• the employee leaves before the expiration of the agreed period of working without good reason*.

1. Due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases).

1. In cases of established violation by the employer:

• labor legislation and other normative legal acts containing labor law norms,
• local regulations,
• the terms of the collective agreement,
• agreement or employment contract.

As follows from Art. 233 of the Labor Code of the Russian Federation, the employee must be liable for any damage caused to the employer as a result of his guilty unlawful behavior. However, it should be borne in mind that, in accordance with Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

This is one of the main features of the liability of workers. Direct actual damage is understood as a real reduction (diminution) of the employer's cash property (or the property of third parties held by the employer, if the employer is responsible for the safety of this property) or deterioration of its condition, as well as the need for the employer to incur costs or excessive payments for the acquisition or restoration of property. In this case, the cash property of the employer is considered only that which is on its balance sheet.

Lost income (lost profits), which, as already noted, are not subject to compensation, are those income that the employer could have received, but did not derive due to the employee's unlawful behavior. For example, absenteeism, of course, causes property damage to the employer, since he does not receive some part of the profit as a result.

But this is not direct actual damage, therefore absenteeism is the basis only for disciplinary, but not material liability. On the contrary, damage by an employee to a vehicle that he drove in the performance of his job duties is an actual (real) damage and entails liability. But the losses, consisting in the non-receipt by the employer of income from the use of this vehicle in connection with its repair, are already lost profits, which are not subject to compensation.

Or another example. Due to the fault of the worker, the machine failed. The machine was under repair for three days. The cost of repairing the machine is direct actual damage subject to compensation by the guilty employee, and the possible income from unproduced in three days and unsold products forms lost profits (lost income), which is not subject to compensation.

Legislation provides circumstances excluding the liability of the employee.

The Labor Code of the Russian Federation includes:

• irresistible force;
• normal economic risk;
• extreme necessity or necessary defense;
• non-fulfillment by the employer of obligations to ensure proper conditions for the storage of property entrusted to the employee.

These circumstances are not specified in the Labor Code, but usually force majeure is understood as extraordinary and unavoidable events under given conditions. For example, we can talk about a natural disaster, as a result of which there was a shortage or damage to the property of the employer entrusted to the employee.

The risk is considered justified if:

1. the completed action corresponds to modern knowledge and experience;
2. the goal set could not be achieved by other actions;
3. the person who accepted the risk took all possible measures to prevent damage.

Extreme necessity is understood as the infliction of harm to eliminate the danger that directly threatens the person and the rights of this person and other persons, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented. For example, damage to the employer's property while extinguishing a fire.

An example of the lack of proper conditions for the storage of property entrusted to an employee may be the storage of valuables without appropriate protection or in a room unsuitable for this. However, the employee must promptly notify the employer in writing of the absence of these conditions.

In the presence of at least one of the considered circumstances, the material liability of the employee for damage incurred by the employer is excluded.

The legislation provides for two types of material liability of employees: limited and full.

Limited Liability is expressed in the obligation of the employee to compensate for direct actual damage, but not more than his average monthly earnings. For example, a cleaner of industrial premises, whose salary is 2 thousand rubles, in the process of washing window panes (and their area in industrial premises is quite significant) broke one of them worth 5 thousand rubles.

If a set of all conditions for bringing to liability is established, then her obligation to compensate the employer for damage will be limited to the amount of 2 thousand rubles.

Limited liability is the leading type of material liability of employees and applies in all cases, unless another type of liability is provided by law.

Full liability consists in the obligation of the employee to compensate the direct actual damage caused to the employer in full. It can BQ3J-be given to employees only in cases provided for by the Labor Code of the Russian Federation or other federal laws.

Article 243 of the Labor Code of the Russian Federation provides that full liability is assigned to the employee in the following cases:

• when, in accordance with the Labor Code of the Russian Federation or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee. For example, such responsibility is assigned to cashiers in accordance with the Regulations on the procedure for conducting cash transactions for the shortage of funds received by them for safekeeping and other purposes;
• shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document (for example, by proxy). More details about contracts on full liability will be discussed below;
• intentional damage;
• causing damage in a state of alcoholic, narcotic or toxic intoxication;
• causing damage as a result of the employee's criminal actions established by a court verdict;
• causing damage as a result of an administrative offense, if such is established by the relevant state body;
• disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;
• causing damage not in the performance of work duties by the employee. (For example, if an employee damages a machine or other equipment while using it for personal purposes.)

In addition to the above cases, liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy heads, chief accountant.

Most often, full liability takes place on the basis of written agreements on full liability. Such contracts are concluded only with adults who directly serve or use monetary, commodity values ​​or other property, and only with those indicated in the special lists of works and categories of workers with whom these contracts can be concluded.

Lists of these works and categories of employees, as well as standard forms of contracts, are approved in the manner established by the Government of the Russian Federation. Full liability agreements are concluded, for example, with storekeepers, freight forwarders, cloakroom attendants, conductors, etc.

Full financial responsibility can be not only individual, but also collective. Collective (team) liability is introduced when employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him for full compensation for damages.

In this case, a written agreement on full liability is concluded between the employer and all members of the team (team). Moreover, in order to be released from liability, a member of the team (team) must prove the absence of his guilt.

The Labor Code defines the procedure for determining the amount of damage caused and its compensation.

The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of wear and tear of this property.

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

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

In order to establish the cause of the damage, it is mandatory to request an explanation from the employee in writing.

In the process of verification, the employee and his representative have the right to get acquainted with all the materials of the verification and appeal against them in the manner prescribed by law.

Compensation for damage can be made both voluntarily and involuntarily.

Voluntary compensation for damage possibly in cash or in kind. In monetary form, the employee voluntarily compensates for the damage in whole or in part within the amount of the type of liability that may be assigned to him by law. At the same time, by agreement between the employer and the employee, compensation for damage by installments is allowed.

In this case, the employee submits to the employer a written obligation to voluntarily compensate for the damage, indicating specific payment terms. In-kind compensation for damage is possible with the consent of the employer by transferring to him property equivalent to the lost one, or by repairing damaged property.

If the employee refuses to voluntarily compensate for the damage caused, the recovery is made in compulsory order in the form of money. There are two ways of enforcement: judicial and extrajudicial.

The extrajudicial recovery procedure consists in the fact that the amount of damage is recovered by order of the employer by deduction from the employee's salary. At the same time, the total amount of deductions for each payment of wages cannot exceed 20%. The recovery of the amount of damage caused by the order of the employer is possible only if the amount recovered does not exceed the average monthly earnings. An order for the recovery of damages can be made by the employer (as a general rule) no later than one month from the date of the final determination of the amount of damage caused.

In all other cases, i.e. when the one-month period has expired, and the order has not been made, or the amount of damage to be recovered from the employee exceeds his average monthly earnings, and the employee does not agree to voluntarily compensate for the damage, recovery is made in court.

In turn, the employee, in case of non-compliance by the employer with the procedure for recovering damages established by law, has the right to appeal against the actions of the employer in court.