Production relations have different stages. Sometimes a perfect mutual understanding is formed in the team, but not always everything happens without incident. Offices are filled with modern equipment, work in the workshops on expensive equipment. It even happens at home that a glass of tea accidentally falls over onto a computer keyboard and has to be replaced. What to do with office supplies, the employee is obliged to compensate the employer for the loss caused to him by negligence or negligence?
Representation of liability
When the founders form a joint venture, they jointly purchase devices on which their hired personnel will work. Money is spent, but the owners hope that everything will pay off thanks to the diligent work of employees.
They take into account the depreciation of equipment in their plans, but do not expect that the time will come, and the employee will be obliged to compensate the employer for losses incurred for damaged or stolen equipment. This item of expenditure should be included in case the problem cannot be fixed with the help of the rules of the Labor Code of the Russian Federation (Article 39 is devoted to this).
If instruments, technical devices are entrusted to a specialist, it is necessary to conclude a liability agreement when applying for a job. Such protective measures will save the entrepreneur from many worries and worries. It will not be necessary to think how the employee is obliged to compensate the employer for the material damage caused to him. The agreement will describe in advance all possible cases.
Legal requirements
If the employee does not have liability, the manager will have to collect evidence base on the reality of the losses. As evidence, it is necessary:
- establish that the act was committed unlawfully;
- determine whether there is direct actual damage;
- estimate the loss in cash equivalent;
- identify guilt;
- find out the reasons that influenced the incident;
- check to what extent the rules were followed and whether its actions comply with the liability agreement for the improper handling of machinery or equipment, if it is concluded;
- consider whether conditions excluding guilt are present.
The head establishes how the specialist related to his duties and labor discipline. Perhaps his skills and professionalism are so necessary for the company that it is not worth aggravating the situation. In the opposite case, it is necessary to focus only on real losses and the issue that the employee is obliged to compensate the employer for the harm caused to him.
What are the signs to work on?
The actual loss must have signs proving that the objects had a direct adverse effect:
- the devices are owned and stored by the company, they were used by the employee, the condition of the products worsened or materials became less;
- the manager spent his money on repairs, bought new equipment.
The economist of the enterprise makes the calculation of shortages, if there is such an opportunity. When expensive property, property is insured, it will be more profitable to get insurance than to engage in legal proceedings to reimburse the employee for damage to the employer.
How to identify malice?
Guilt is considered proven when there are signs of intentional intent to harm the property of the organization. The troublemaker will have to pay damages for the careless handling of the equipment, provided that he agrees with the claims of the authorities.
Maliciousness is determined by the criteria:
- the citizen had previously planned to take actions with negative consequences;
- the specialist was fully conscious, understood what he was doing, allowing damage or reducing the amount of materials;
- compensation by the employee for damage to the employer was not included in his plans, all actions were performed specifically according to preliminary calculation.
Each item to the head has to be documented, the court does not accept and does not consider unfounded charges.
Negligence and frivolity
Careless handling of building materials or tools, other devices - acts punishable. No one will suffer losses from the fact that putty or cement is thrown away, because the painter arranges long breaks during operation. The employee is obliged to compensate the employer for the damage caused to him due to negligence.
Similar actions are determined by the signs:
- full realization that misconduct is wrong;
- it was hoped that time would hide the flaws;
- I did not think about the occurrence of losses, but nobody canceled the duties and prudence in any position.
In our country, there is constitutional equality, so everyone can sue the court if it is peacefully impossible to resolve the situation, as well as protest it. To protest that the employee is obliged to compensate the employer for the damage caused to him in the form of monetary compensation, reliable evidence is also needed.
Unseen circumstances
There are situations when the director does not have the right to demand compensation from his staff. In the Labor Code of the Russian Federation, article 239 provides a list, on its basis workers are exempted from paying expenses. It includes:
- disappearance of property when force majeure is present;
- the enterprise operated in a business risk mode;
- an extreme need made misconduct;
- the necessary defense affected the incident;
- the company has poor work organization, there is no reliable storage of tools, thefts are periodically stolen by unknown persons.
Characteristics
The employee is not obligated to compensate the employer for the damage caused to him, TC confirms this if:
- flood;
- fire;
- earthquake;
- terrorist act.
When, with constant monitoring of the worker, it turns out:
- work was performed according to the terms of the job description;
- actions were carried out prudently with care for trusted equipment;
- measures were taken to prevent losses.
As a result, a shortage of materials was found, losses are attributed to economic risk, which does not provide liability for losses.
Perhaps the employee was trying to eliminate the danger that threatens the lives of other people and save the property of his employer during the accident, the culprit of which is an outsider. In this case, one cannot demand money from him for unforeseen damage. As with violence, the attack of criminal elements, where the specialist had to defend himself, because of which property was damaged.
When an employee is obliged to compensate the employer for the damage caused to him - Labor Code of the Russian Federation
Losses are indemnified depending on the level of their infliction and degree of evidence. The employer estimates the size based on the average earnings of the worker. If the salary allows you to cover unforeseen expenses, it is kept on the basis of an order in the accounting department.
The loss may be higher than the rate, then the costs are shared with the management when the owner refuses part of his claims. The leader makes concessions, taking into account the severity of the misconduct, the amount of lost funds.
The obligations of employees on material liability to owners of enterprises where they work are approved in the Labor Code of the Russian Federation by Article No. 238 and Federal Law No. 90. Legislative provisions interpret direct actual losses with the exception of lost profits.
Full refund
The employee is obliged to compensate the employer for the direct damage caused to him in full without taking into account the size of his salary in the following cases:
- approved the law for this case, full compensation;
- values transferred to the employee by proxy or contract;
- intentional harm;
- damage to property caused by alcohol or drug intoxication;
- a criminal fact was discovered, a sentence was passed after the trial;
- an administrative offense has been imposed;
- disclosure of commercial, medical, state secrets;
- Identified theft or other illegal actions.
When losses are held without trial and investigation, within the limits of wages, the duty of the head to conduct an internal investigation of the incident. There is a legislative procedure:
- the company appoints an inventory;
- create a commission;
- a group of people understands documents;
- the offender submits a written explanation.
Labor Code of the Russian Federation 246 gives an idea in which order they calculate the amount that the violator is required to repay. In the ideal case, the parties to the conflict enter into an indemnification agreement.