Financial liability of the employee and employer

Briefly about the regulatory framework

The financial liability of the employee and the employer is established in three chapters of Section XI of the Labor Code of the Russian Federation, namely:

• general provisions are established in Chapter. 37, which contains two articles that establish the obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract (Article 232 of the Labor Code of the Russian Federation), defines the conditions for the onset of material liability of a party to an employment contract;
• The employer's responsibility to the employee is discussed in Chapter. 38;
• The financial liability of the employee is regulated by Ch. 39.

Please note that:

• under the terms of contracts (labor or financial liability), the employer’s liability to the employee cannot be lower, and the employee’s liability cannot be higher, than it is established by the Labor Code of the Russian Federation or other federal laws;
• in the event of termination of an employment contract, the party to this contract is not released from financial liability;
• financial liability can be applied exclusively to persons with whom employment agreements have been concluded, including part-time workers, temporary and seasonal workers. Individuals with whom civil contracts have been concluded are liable to the other party only within the framework of the Civil Code of the Russian Federation.

All types of financial responsibility of the employee and employer to each other are shown in the diagram.

Presentation on the topic Material liability of the parties to an employment contract, presentation for the lesson

Slide 1

Material liability of the parties to the employment contract in Belgorod

Slide 2

ACCORDING TO ART. 232 OF THE LABOR CODE OF THE RF (HEREINAFTER referred to as the Labor Code of the Russian Federation) THE PARTY TO THE EMPLOYMENT CONTRACT (EMPLOYER OR EMPLOYEE) THAT CAUSES DAMAGE TO THE OTHER PARTY COMPENSATES THIS DAMAGE. AN EMPLOYMENT AGREEMENT OR WRITTEN AGREEMENTS ATTACHED TO IT MAY SPECIFY THE MATERIAL LIABILITY OF THE PARTIES TO THIS AGREEMENT. TERMINATION OF AN EMPLOYMENT CONTRACT AFTER DAMAGE HAS BEEN CAUSED DOES NOT RELEASE THE PARTIES TO THIS AGREEMENT FROM MATERIAL LIABILITY PROVIDED FOR THE RF Labor Code OR OTHER FEDERAL LAWS.

Slide 3

IN ACCORDANCE WITH ART. 233 of the Labor Code of the Russian Federation, MATERIAL LIABILITY OF A PARTY TO AN EMPLOYMENT CONTRACT ARISES FOR DAMAGE CAUSED BY IT TO THE OTHER PARTY TO THIS AGREEMENT AS A RESULT OF ITS GUILTY ILLEGAL CONDUCT (ACTIONS OR INACTION), UNLESS OTHERWISE PROVIDED BY THE RF Labor Code OR OTHER FEDERATIONS EARLY LAWS. EACH OF THE PARTIES TO THE EMPLOYMENT CONTRACT IS RESPONSIBLE TO PROVE THE AMOUNT OF DAMAGE CAUSED TO IT.

Slide 4

MATERIAL LIABILITY OF THE EMPLOYER TO THE EMPLOYEE ACCORDING TO ART. 234 of the Labor Code of the Russian Federation, THE EMPLOYER IS OBLIGED TO COMPENSATE THE EMPLOYEE FOR EARNINGS NOT RECEIVED IN ALL CASES OF ILLEGAL DEPRIVATION OF HIS OPPORTUNITY TO WORK. SUCH OBLIGATION APPEARS IN PARTICULAR IF EARNINGS ARE NOT RECEIVED. AS A RESULT OF: — ILLEGAL SUSPENSION OF AN EMPLOYEE FROM WORK, HIS TERMINATION OR TRANSFER TO ANOTHER JOB; — THE EMPLOYER’S REFUSAL TO EXECUTION OR UNTIMELY EXECUTION OF THE DECISION OF THE LABOR DISPUTE RESOLUTION BODY OR STATE LEGAL LABOR INSPECTOR ON RESTORING THE EMPLOYEE TO THE PREVIOUS JOB; — DELAYS BY THE EMPLOYER IN ISSUING THE EMPLOYEE’S EMPLOYEE’S RECORD, ENTERING INTO THE EMPLOYEE’S RECORD INCORRECT OR NOT IN COMPLIANCE WITH LEGISLATION FORMULATION OF THE REASON FOR THE TERMINATION OF THE EMPLOYEE.

Slide 5

EMPLOYER'S MATERIAL LIABILITY FOR DAMAGE CAUSED TO THE EMPLOYEE'S PROPERTY IN ACCORDANCE WITH ART. 235 of the Labor Code of the Russian Federation, THE EMPLOYER WHO CAUSES DAMAGE TO THE EMPLOYEE’S PROPERTY SHALL COMPENSATE THIS DAMAGE IN FULL. THE AMOUNT OF DAMAGE IS CALCULATED AT MARKET PRICES CURRENT IN THE GIVEN LOCATION ON THE DAY OF COMPENSATION OF DAMAGE. WITH THE CONSENT OF THE EMPLOYEE, DAMAGES CAN BE COMPENSATED. THE EMPLOYEE'S APPLICATION FOR COMPENSATION OF DAMAGES IS SENT TO THE EMPLOYER. THE EMPLOYER IS OBLIGATED TO CONSIDER THE RECEIVED APPLICATION AND MAKE AN APPROPRIATE DECISION WITHIN TEN DAYS FROM THE DATE OF ITS RECEIPT. IF AN EMPLOYEE DISAGREES WITH THE EMPLOYER'S DECISION OR FAILS TO RECEIVE A RESPONSE WITHIN THE ESTIMATED TIME DATE, THE EMPLOYEE HAS THE RIGHT TO GO TO COURT.

Slide 6

MATERIAL LIABILITY OF THE EMPLOYER FOR THE DELAY OF PAYMENT OF WAGES AND OTHER PAYMENTS DUE TO THE EMPLOYEE ACCORDING TO ART. 236 of the Labor Code of the Russian Federation, IF THE EMPLOYER VIOLATES THE ESTABLISHED DEADLINE FOR PAYMENT OF WAGES, VACATION PAYMENT, TERMINATION PAYMENTS AND (OR) OTHER PAYMENTS DUE TO THE EMPLOYEE, THE EMPLOYER IS OBLIGATED TO PAY THEM WITH PAYMENT PERCENT (MONETARY COMPENSATION) IN AN AMOUNT OF NOT LESS THAN ONE HUNDRED AND FIFTIENTH OF THE CURRENT RATE TIME OF THE KEY RATE OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION FROM AMOUNTS NOT PAID ON TIME FOR EACH DAY OF DELAY STARTING FROM THE NEXT DAY AFTER THE DUE DATE OF PAYMENT TILL THE DAY OF ACTUAL SETTLEMENT INCLUDED. THE AMOUNT OF MONETARY COMPENSATION PAID TO AN EMPLOYEE MAY BE INCREASED BY A COLLECTIVE AGREEMENT, LOCAL REGULATIONS OR AN EMPLOYMENT AGREEMENT.

Slide 7

COMPENSATION FOR MORAL DAMAGE CAUSED TO AN EMPLOYEE IN ACCORDANCE WITH ART. 237 of the Labor Code of the Russian Federation, MORAL DAMAGE CAUSED TO AN EMPLOYEE BY ILLEGAL ACTIONS OR INACTION OF THE EMPLOYER IS COMPENSED TO THE EMPLOYEE IN CASH IN THE AMOUNT DETERMINED BY THE AGREEMENT OF THE PARTIES TO THE EMPLOYMENT CONTRACT. IN THE EVENT OF A DISPUTE, THE FACT OF MORAL DAMAGE TO AN EMPLOYEE AND THE AMOUNT OF ITS COMPENSATION WILL BE DETERMINED BY THE COURT, REGARDLESS OF THE PROPERTY DAMAGE TO BE COMPENSATED.

Slide 8

MATERIAL LIABILITY OF AN EMPLOYEE ACCORDING TO ART. 238 of the Labor Code of the Russian Federation, THE EMPLOYER IS OBLIGATED TO COMPENSATE THE EMPLOYER FOR DIRECT ACTUAL DAMAGE CAUSED TO HIM. UNRECEIVED INCOME (LOST PROFITS) SHALL NOT BE RECOVERED FROM THE EMPLOYEE. DIRECT ACTUAL DAMAGE IS UNDERSTANDED AS AN ACTUAL REDUCTION IN THE EMPLOYER’S AVAILABLE PROPERTY OR A DEVORATION IN THE CONDITION OF THE SPECIFIED PROPERTY (INCLUDING THE PROPERTY OF THIRD PARTIES OWNED BY THE EMPLOYER, IF THE EMPLOYER IS RESPONSIBLE FOR SAFETY OF THIS PROPERTY), AND ALSO THE NECESSITY FOR THE EMPLOYER TO MAKE COSTS OR EXCESSIVE PAYMENTS FOR THE PURCHASE, RESTORATION OF PROPERTY OR COMPENSATION FOR DAMAGE CAUSED BY AN EMPLOYEE TO THIRD PARTIES.

Slide 9

CIRCUMSTANCES EXCLUDING MATERIAL LIABILITY OF AN EMPLOYEE ACCORDING TO ART. 239 of the Labor Code of the Russian Federation, MATERIAL LIABILITY OF AN EMPLOYEE IS EXCLUDED IN CASES OF DAMAGE DUE TO FORCE MAJEURE, NORMAL ECONOMIC RISK, EXTREME NECESSITY OR NECESSARY DEFENSE, OR FAILURE TO FULFILL THE EMPLOYER’S OBLIGATIONS PROVIDING APPROPRIATE CONDITIONS FOR STORING PROPERTY ENSURED TO THE EMPLOYEE.

Slide 10

THE EMPLOYER'S RIGHT TO REFUSE TO COLLECT DAMAGES FROM AN EMPLOYEE IN ACCORDANCE WITH ART. 240 of the Labor Code of the Russian Federation, THE EMPLOYER HAS THE RIGHT, TAKEN INTO ACCOUNT OF THE SPECIFIC CIRCUMSTANCES IN WHICH THE DAMAGE WAS CAUSED, TO COMPLETELY OR PARTIALLY REFUSE COLLECTION FROM THE GUILTY EMPLOYEE. THE OWNER OF THE ORGANIZATION'S PROPERTY MAY LIMIT THE SPECIFIED RIGHT OF THE EMPLOYER IN THE CASES PROVIDED FOR BY FEDERAL LAWS, OTHER REGULATIVE LEGAL ACTS OF THE RUSSIAN FEDERATION, LAWS AND OTHER REGULATIVE LEGAL ACTS OF THE SUBJECTS ECTS OF THE RUSSIAN FEDERATION, REGULATIVE LEGAL ACTS OF LOCAL GOVERNMENT BODIES, CONSTITUENT DOCUMENTS OF THE ORGANIZATION.

Slide 11

LIMITS OF MATERIAL LIABILITY OF AN EMPLOYEE ACCORDING TO ART. 241 of the Labor Code of the Russian Federation FOR DAMAGE CAUSED, THE EMPLOYEE SHALL BE MATERIALLY LIABLE WITHIN THE LIMITS OF HIS AVERAGE MONTHLY EARNINGS, UNLESS OTHERWISE PROVIDED BY THE Labor Code of the Russian Federation OR OTHER FEDERAL LAWS.

Slide 12

FULL MATERIAL LIABILITY OF THE EMPLOYEE ACCORDING TO ART. 242 of the Labor Code of the Russian Federation, THE FULL MATERIAL RESPONSIBILITY OF AN EMPLOYEE CONSISTS IN HIS RESPONSIBILITY TO COMPENSATE DIRECT ACTUAL DAMAGES CAUSED TO THE EMPLOYER IN THE FULL AMOUNT. MATERIAL LIABILITY IN THE FULL AMOUNT OF DAMAGE CAUSED MAY BE ASSIGNED ON THE EMPLOYEE ONLY IN THE CASES PROVIDED BY THE RF Labor Code OR OTHER FEDERAL LAWS. EMPLOYEES UNDER THE AGE OF EIGHTEEN ARE FULLY LIABLE ONLY FOR INTENTIONAL CAUSE OF DAMAGE, FOR DAMAGE CAUSED IN A STATE OF ALCOHOL, DRUG OR OTHER TOXIC INFUSION, AS WELL AS FOR DAMAGE CAUSED AS A RESULT OF THE COMMITMENT OF A CRIME OR ADMINISTRATIVE MINSFORMATION.

Slide 13

CASES OF FULL MATERIAL LIABILITY ACCORDING TO ART. 243 of the Labor Code of the Russian Federation, MATERIAL LIABILITY IN THE FULL AMOUNT OF THE DAMAGE CAUSED IS ASSIGNED ON THE EMPLOYEE IN THE FOLLOWING CASES: 1) WHEN, IN ACCORDANCE WITH THE LC RF OR OTHER FEDERAL LAWS, THE EMPLOYEE IS ASSIGNED WITH MATERIAL LIABILITY IN THE FULL AMOUNT E FOR DAMAGE CAUSED TO THE EMPLOYER DURING THE PERFORMANCE OF EMPLOYEE DUTIES. 2) INSUFFICIENCY OF VALUABLES ENTERED TO HIM ON THE BASIS OF A SPECIAL WRITTEN AGREEMENT OR RECEIVED BY HIM UNDER A SINGLE DOCUMENT. 3) INTENTIONAL CAUSE OF DAMAGE. 4) CAUSES OF DAMAGE IN A STATE OF ALCOHOL, DRUGS OR OTHER TOXIC INFLUENCE. 5) CAUSED DAMAGE AS A RESULT OF CRIMINAL ACTIONS OF AN EMPLOYEE, ESTABLISHED BY A COURT JUDGMENT. 6) CAUSED DAMAGE AS A RESULT OF ADMINISTRATIVE MISCELLANEOUS, IF SUCH IS ESTABLISHED BY THE RELEVANT STATE AUTHORITY. 7) DISCLOSURE OF INFORMATION CONTAINING A SECRET PROTECTED BY LAW (STATE, OFFICIAL, COMMERCIAL OR OTHER), IN THE CASES PROVIDED BY FEDERAL LAWS. DAMAGE CAUSES NOT WHEN PERFORMING THE EMPLOYEE'S JOB DUTIES. MATERIAL LIABILITY IN THE FULL AMOUNT OF DAMAGE CAUSED TO THE EMPLOYER CAN BE ESTABLISHED BY AN EMPLOYMENT AGREEMENT CONCLUDED WITH THE DEPUTY MANAGERS OF THE ORGANIZATION, THE CHIEF ACCOUNTANT.

Slide 14

DETERMINATION OF THE AMOUNT OF DAMAGE CAUSED IN ACCORDANCE WITH ART. 246 of the Labor Code of the Russian Federation, THE AMOUNT OF DAMAGE CAUSED TO THE EMPLOYER WHEN LOSS AND DAMAGE TO PROPERTY IS DETERMINED BY ACTUAL LOSSES, CALCULATED BASED ON MARKET PRICES CURRENT IN THE LOCALITY ON THE DAY OF THE DAMAGE, BUT NOT LESS THAN THE COST OF THE PROPERTY STI ACCORDING TO ACCOUNTING DATA, TAKEN INTO ACCOUNT THE DEGREE OF WEAR OF THIS PROPERTY. FEDERAL LAW MAY ESTABLISH A SPECIAL PROCEDURE FOR DETERMINING THE AMOUNT OF DAMAGES SUBJECT TO COMPENSATION CAUSED TO THE EMPLOYER BY THEFT, INTENTIONAL DAMAGE, SHORTAGE OR LOSS OF CERTAIN TYPES OF PROPERTY AND OTHER VALUABLES, AND ALSO IN THOSE WHEN THE ACTUAL AMOUNT OF DAMAGE CAUSED EXCEEDS ITS NOMINAL AMOUNT.

Case Study

Individual entrepreneur R. filed a lawsuit against the seller of his store, V. The entrepreneur asks to recover from her damages in the amount of 93,400 rubles, which was revealed after the audit. An agreement on full MO was concluded with V. It is on this basis that the plaintiff asks to recover the shortfall from the defendant.

The city court of the city of P. denied this to the entrepreneur. The court argued its decision by saying that the audit was carried out with violations, and the damage was caused due to the fact that the seller V. lent goods to residents for this amount, and with the permission of R. himself, and this fact was proven.

This example shows that the court does not always take the employer’s side, even in cases where a full MO agreement has been concluded. The circumstances under which the damage occurred are also taken into account.

MO value

• Legal - the whole process is regulated by law, its violation is fraught with the lack of compensation;
• Restorative – the damage caused will be compensated;
• Educational – due to the onset of negative consequences, a serious educational moment occurs.

It must be taken into account that property interests themselves will not be protected: for this, both parties to the employment contract must fulfill their obligations. That is, the employee must treat property with care, and management, in turn, ensures the safety of workers, provides them with documents and the necessary tools.

In addition, the employer must provide all conditions so that the employee can keep the property that is entrusted to him.

If an employee causes damage to the company, he is obliged to compensate it. This must be done even if he is held liable for some other type of liability. When hiring, the MO must be specified in the employment contract or in an appendix to it. You can also draw up an additional agreement on this matter.

MO will be assigned to the employee only if his guilt in the incident can be established.

MO for workers under 18

Such workers can be called a separate category. That is why the law does not contain the possibility of involving them in full MO. Also, you cannot conclude a full MO agreement with them.

Of course, there are exceptions to this rule, they are as follows:

1. Intentional causing of harm;
2. Drunkenness or other intoxication;
3. The commission of a crime by such a person.

Labor relations with such employees are regulated somewhat differently than with adults. This is done in order to protect working citizens under 18 years of age from unscrupulous employers.

Unfortunately, such facts do occur. Restrictions and prohibitions have been established for working with these persons. It is prohibited to hire these citizens to work in gambling establishments, nightclubs, and stores selling tobacco and alcohol.

Also, when hiring, they cannot be required to undergo a test; they cannot work at night or overtime. Also with financial liability, it is limited by law. And the employer should always remember this.

Content

• The concept of MO and its types
• Full financial responsibility
• Limited liability
• Collective financial responsibility
• When can you be held liable?
• MO value
• How to claim compensation for harm
• MO for workers under 18
• When MO is excluded
• Case Study
• When an employee does not have the right not to sign a medical agreement
• Conclusion

How to claim compensation for harm

Recovery from the employee of the amounts of damage caused occurs in this way: first, an inspection is carried out, based on the results of which an act or other type of document is drawn up. Then the employee who is accused of causing damage writes an explanatory note. Moreover, he may refuse to do this, which is recorded in the documentation. The employee must be familiar with all the results of the inspection, and he can also appeal them.

When the damage is equal to the employee’s average monthly earnings, the manager issues an order to recover it from the employee. This is done no later than within a month from the day the amount of damage was discovered. In a number of other cases (if the deadline has expired or the employee does not want to compensate for the damage), the court will collect damages.

If both parties come to an agreement, then damage can be compensated by purchasing the same property or repairing the damaged one.

It is also worth noting that the amount of damage can be reduced. This can be done by the body that considers labor disputes.

Circumstances for reduction may be:

• Poor financial situation of the employee;
• The employee is indirectly at fault;
• The worker is the only breadwinner in the family, and so on.

If the employer does not agree with this, he has the right to go to court.

The amount of damage will not be reduced if:

• The employee acted with intent;
• The employee pursued a selfish goal;
• The employee is directly at fault.

When MO is excluded

The circumstances covered by the law are:

• Force majeure (natural disaster, military action, illegal behavior of third parties);
• Necessary defense (if attacked by a robber, protection from hooligans);
• The damage was caused by the employer (there were no necessary conditions to store valuables).

All these circumstances will need to be proven in court if the employer considers the employee guilty.