Liability of employees to the employer: types, limits. Liability of the employee for damage caused to the employer

The fact that one party, being a party to labor relations, is punished by the other party, is prescribed in the Labor Code. The law stipulates that when there is a liability of employees to the employer, the perpetrator must compensate for the damage that was caused as a result of this.

general information

The employment contract itself or the agreement drawn up additionally, prescribes specific consequences that occur in certain cases. At the same time, the fundamental document is, of course, the Labor Code. Therefore, the employee’s liability to the employer cannot be set higher and that of the employer lower than that provided for by this law and other acts of federal significance.

Even when the employment contract is terminated, the parties are not exempted from it. Liability of employees to the employer comes in the presence of several conditions, one of which is the unlawful actions of the employee. At the same time, the latter proves the specific damage inflicted.

Subjects and their obligation

Only material liability of the employee to the employer may occur. The types of subjects are thus limited to those parties that have entered into an employment contract.

The obligation to pay the employer the damage is regulated by article 238 of the Labor Code of the Russian Federation. According to it, the employee compensates for the harm that is valid and direct. Such damage is a real reduction in property, its deterioration or the need for the employer to spend funds to compensate for damage resulting from actions that were caused by the employee.

When you do not need to pay damages

However, the employees will not be liable to the employer if there is force majeure, economic risk, defense, extreme necessity or failure to fulfill their obligations as the employer in providing normal conditions for storing these things. In addition, the employer has the right to refuse to recover funds from the employee for the damage caused. This is defined in article 240 of the code. But if the owner of the damaged property is not an employer, then he can limit this right in accordance with various legal acts of both federal significance and the level of constituent entities of the Russian Federation, as well as compulsory medical insurance and directly the documents of a particular organization.

Limited and full liability of the employee to the employer

The next item prescribed by law is the limits. It is in accordance with them that material liability of employees to the employer may occur. This is determined by article 241. According to it, the punishment can be no higher than the average monthly salary. But the cases of full liability of the employee to the employer are also separately indicated (Article 243) :

• When full responsibility is entrusted initially by law.
• Upon detection of a shortage of entrusted values ​​in accordance with a special agreement.
• In case of premeditated damage.
• Due to damage resulting from intoxication with alcohol or drugs.
• As a result of a crime (after a court verdict).
• Due to an administrative offense.
• In case of failure to fulfill obligations under the contract.
• Due to the disclosure of secrets, which by law has a commercial, official or state character.

The employee’s liability for damage caused to the employer, which must be paid in full, may be established by a labor agreement between the parties, where the chief accountant or deputy head acts as the employee. This is regulated by Article 242. According to it, in the event of full financial liability of the employee to the employer, the first shall indemnify for certain specific damage (which is actual) in full. But this rule applies only when there is a direct indication of the law.

Thus, it turns out that the limits of the employee’s liability to the employer are full and limited. We examined the first view, now we will focus on the second. Liability arising in limited form is not directly established by law. However, in practice, the following cases have developed:

• damage or destruction of property due to neglect;
• shortage of funds, loss or impairment of any documents or payment of fines due to the actions of an employee.

Age and responsibility

When determining the employee's liability for damage to the employer, the age of the employee should be considered. So, people who are not yet 18 years old, will bear it in full only if intentional damage is caused due to intoxication with alcohol or drugs and due to the commission of an unlawful act involving criminal or administrative punishment. Full liability agreements are concluded only with adult workers who use and maintain values: monetary, commodity or other. The works and categories of those who fall under this type of responsibility are approved by the government of the Russian Federation.

Collective and individual responsibility

Depending on the situation, the material liability of the employee to the employer is different. Types: collective (team) and individual. The first cases occur when it is not possible to delimit the limits of the damage caused by each of the employees. Then an agreement is concluded between the employer and the whole team. In the event of consequences, the employee must prove his innocence and innocence.

When the damage is indemnified on a voluntary basis, then its amount is determined by a separate agreement, which takes into account the fault of each separately. If the damage is recoverable in a judicial proceeding, then the guilt and involvement of employees is determined directly by the court.

Before recovering damage, the employer is obliged to establish how much damage was caused. In this, article 247 of the Code obliges him. In addition, it is necessary to obtain an explanation of this fact in writing from the employee. If he refused to give explanations or evaded this obligation, then a separate act is drawn up about this.

If desired, the employee can familiarize himself with all the inspection materials and appeal them if he sees fit.

The individual liability of the employee to the employer is complete. If there is one, an agreement is concluded in accordance with the standard form established by a decree of the Ministry of Labor in 2002.

How damage is compensated

How is damages recovered from a convicted employee? This is determined in article 248. If the employer departed from the established procedure, the employee has the right to sue on this occasion.

Damage may be indemnified on a voluntary basis. In addition, an additional agreement may be concluded by which an installment plan is provided for this purpose. Then the employee is obliged to indemnify according to a certain schedule, and this fact is recorded in writing. Moreover, if he quits and refuses to pay the amount collected, then in the future a trial is being conducted, as a result of which the debt will be collected on the basis of a court decision.

If the employer agrees, then compensation is possible through the transfer of equivalent property. In addition, already damaged property can be corrected by an employee. In this case, the employer transfers this property to the perpetrator, and the latter carries out the work promised by him in this regard.

If an employee quits

Compensation is realized in accordance with article 249. If the employee quits earlier than the full compensation for damages without good reason, he must reimburse the employer for the costs that he incurred for training, calculated in proportion to the time actually worked after this training.

The authority authorized to conduct labor disputes may reduce the amount of payment. The decision is made when taking into account the form and degree of guilt, as well as various circumstances and conditions of the employee. But such a decision will by no means be taken if the damage was recovered as a result of the commission of a criminal offense by the employee for personal gain.

Preparing for the Trial

Sometimes the employer has to go to court. Then he provides the following information in order for the employee to become liable to the employer:

1. The employee voluntarily refuses to fulfill the contract.
2. Recovery is not possible by order.
3. The amount of damage is more than the average monthly earnings.
4. The employer was not reimbursed for the training expenses spent on the employee.
5. He had to compensate for the damage caused by the employee.

The right to appeal to the court remains for a year from the moment the damage was discovered.

Judicial resolution

On November 16, 2006, the Plenum of the Supreme Court issued Decree No. 52. It regulates how the employee's liability to the employer is applied. A sample contract can be seen below. The resolution, in particular, indicates that in order to resolve a case for damages, evidence is necessary, the burden of which lies with the employer. In particular, he must provide the court with the following evidence:

1. Information on the absence of circumstances in which the limited or full liability of the employee to the employer is excluded.
2. The wrongfulness of the employee.
3. His fault in the onset of harmful consequences.
4. The relationship between the damage caused and the employee’s actions that are unlawful.
5. The presence of damage of a valid nature and its exact size.
6. Evidence that the contract (“Liability of the employee to the employer”), the sample of which is below, was fully complied with.
   

In this case, the employee is obliged to prove the absence of fault in the fact that damage was caused. If guilt is proven, then the burden of damages falls on him, regardless of whether there is an administrative, disciplinary or criminal liability or not.