One of the types of penalties is the liability of the parties to the employment contract
(compensation for damage to the injured party). Damage means the deterioration of the state of entrusted property, a decrease in its quantity, including property taken for storage (use) from third parties. At the same time, it is legally stipulated in separate clauses:
- full or partial liability of the parties to the employment contract cannot be more or less in relation to each other;
- the basis for exemption from compensation for losses is force majeure, natural economic risk, the emergence of conditions of extreme need (need for defense), as well as non-provision of conditions for proper storage;
- each of the parties, in case of harm, must prove not only the fact of its existence, but also its actual size, based on market value in a given area;
- lost profits and lost profits in connection with the damage caused are not subject to collection;
In the Labor Code of the Russian Federation, the concept of liability is defined and acts equally, both in relation to the employee and the employer. The indemnification agreement is individual or collective. It comes into force when it is discovered that there is a lack of values entrusted to it in writing or on a one-time document, or if the damage was done intentionally, as well as if the damage was caused by an employee in a state of alcoholic or other other type of intoxication. The employer shall be compensated in full for damage arising from criminal acts or administrative offenses, but the fact of their existence must be established by a court decision. Damage is considered to be the disclosure of
secrets (official, commercial or other) in cases stipulated in federal laws. However, despite a wide range of possibilities, an employee’s liability agreement is not concluded with persons under the age of 18. For this category of persons, the penalty is usually established in court.
The full collection form is applied where the party to the agreement is the management team of the organization: the direct manager (manager), his deputies and the chief accountant, a person engaged in financial activities (control), as well as employees engaged in the storage, transportation, processing or sale of material assets.
In cases where the liability of the parties to the employment contract cannot be demarcated (it is impossible to determine the responsibility of everyone), a collective agreement is drawn up, which implies compensation for losses by the entire group of persons who were entrusted with any actions using values in order to perform official duties. The employee is not liable if it is proved not to be involved in the harm. If agreement is not reached in contentious matters, the liability of the parties to the employment contract, its size and methods of compensation are determined in court, regardless of the type of agreement.