Employee and Employer Liability
Material liability is the obligation of the subordinate to compensate the harm caused to the employer. It can occur only if there is a fault of the employee. In addition, he will be obliged to compensate only direct damage, loss of profit or lost income from the employee can not be recovered. The labor code states that the employee must always treat the property of his employer with care. And the manager has the right to demand from his subordinates an attentive attitude towards the material values of the enterprise.
Types of responsibility
Under the actual direct damage imply the deterioration of the property or its reduction. For example: damage to equipment or materials, shortage of property or monetary values, the cost of repairing damaged items, etc. In the LC RF, there are two types of responsibility: collective (or brigade) and individual.At the same time, the individual is also divided into two types: full and limited liability.
Limited liability is applied much more often. In other words, it implies that the subordinate will be punished in the amount of his monthly salary. However, labor law does not specify a specific list of violations for which the employee is obliged to incur limited liability. In practice, it can often be such cases: the loss of important documents, the loss of instruments, tools, the destruction (damage) of valuables through negligence, a shortage of money through the fault of an employee, etc.
Recovery of damage
If the amount of losses incurred by the enterprise due to the employee’s fault does not exceed his monthly salary, then this amount can be collected by order of the manager. Such a document is valid for a month from the date the employee is found guilty. In cases where the amount of losses is greater than the monthly average salary of an employee, or if the employee does not agree to pay the debt voluntarily, it is possible to recover this amount only through the courts.When deducting a debt from a subordinate, it is necessary to take into account that the total amount of all penalties cannot exceed 20%. In some individual cases, it may be 50% of the salary, but not more. In general, it turns out that the employee who harmed the company should be liable only within the monthly average earnings. The exception is if the losses were caused to the subordinates who had been in a state of toxic, alcoholic or narcotic intoxication. Then the full liability of workers will be applied.
Punishment to the fullest extent.
This type of responsibility applies mainly to employees in the branches of trade, consumer services, public catering, etc. However, the contract on full liability is concluded only with those subordinates who are related to material values, i.e., whose activities are related to their processing, storage, holiday, reception. The full list of positions that are responsible is specified in the Resolution of the Ministry of Labor No. 85 of December 31, 2002. These include cashiers, administrators, sellers, inspectors, merchandise and others.It is possible to enter into a full liability agreement only with employees holding these positions.
When is the contract?
A liability contract is a document that may be concluded between the director and the employee; its execution is a right, not a duty. At the same time, if the manager does not formalize such an agreement, it will be impossible to recover the amount of losses from the employee. Only damage caused by an employee within his monthly salary will be compensated. Minor employees can also be fully responsible for damages, but only in the following cases: intentional actions, damage caused by the commission of a misdemeanor or a crime, if the person has caused damage while intoxicated.
Cases of liability
Liability in full will be assigned in the following situations:
- at non-performance by the subordinate of the functions that entailed harm;
- in case of shortage of values for which he was to be responsible;
- intentional damage;
- injury caused by the criminal acts of an employee;
- disclosure of information that is secret (commercial, state, official).
It should be noted that such a contract can be concluded not only with individual employees, but also with the entire team (brigade). Collective liability may be imposed if subordinates do the work together, and their activity is directly related to the sale, transportation, use, processing, use, storage of the values transferred to them. If their duties cannot be demarcated, then it is worth concluding an agreement on collective responsibility. According to the provisions of such a document, a group of employees who are entrusted with certain values will be fully responsible for them. If a brigade member believes that he is guilty of losing or damage to equipment, furniture, or other property, he will have to prove it.
The collective financial liability of employees is first drawn up by order of the head and declared to the brigade. Such a document should also be attached to the employment contract.In addition, the law stipulates that collectively responsible for causing damage to property, employees can only under the condition that they perform such functions:
- payment or acceptance of payments;
-storage or production of coupons, tickets, season tickets;
- processing, reception, accounting, manufacturing, vacation, safety of certain property at bases, warehouses, offices, areas;
- purchase or sale of goods, services, products;
- Reception of objects of cultural and community value;
- delivery and acceptance of baggage, mail, cargo, etc .;
- in some other cases.
In addition to the employee’s responsibility for his guilty actions, the Labor Code of the Russian Federation provides for cases in which the employer can be punished. In particular, the director must be punished for such actions:
- Damage to the property of a subordinate.
- Delayed salary or other payments. Late payment of salaries is a fairly common situation. In this case, the responsibility of the head is assigned regardless of his guilt. If the salary is delayed for more than 15 days, the employee has the right to refuse to work, after notifying the director.
- Inflicting moral damage on a subordinate.
- Unlawful deprivation of an employee's ability to work. For example, transfer without the consent of the employee to another job. Some entrepreneurs do not want to draw up a work book, despite the requirements of the law. For such actions, the head is also liable.
As you understand, financial responsibility can be imposed both on the employee and on the head of the organization. If you are confident that your interests are seriously neglected, forced to pay a certain amount for the harm done, which is not your fault, it is better to seek protection in court.