The material responsibility of employees to the employer: types, limits. Material liability of the employee for damage caused to the employer

The fact that one party, being a party to the employment relationship, is punished by the other party, is spelled out in the Labor Code. The law stipulates that when there is a material responsibility of employees to the employer, the perpetrator must compensate for the damage that has been caused as a result of this.

general information

In the employment contract itself or an agreement drawn up in addition, specific consequences are set forth that occur in certain cases. At the same time, the fundamental document is, of course, the Labor Code. Therefore, the employee's financial responsibility to the employer can not be established above, and the employer's liability is 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 released from it. The material responsibility of employees to the employer comes when there are several conditions, one of which is the illegal actions of the employee. At the same time, the latter proves the specific damage done.

Subjects and their responsibilities

It can only be the material responsibility of the employee to the employer. Types of subjects are thus limited to those parties that have entered into an employment contract.

The obligation to pay damages to the employer is regulated by Article 238 of the LC RF. According to her, the employee reimburses the harm caused, which is real and direct. Such damage is a real reduction of property, its deterioration or the need for the employer to spend money to compensate for damage due to actions that were caused by the employee.

When there is no need to compensate for damage

However, the material responsibility of employees to the employer does not come if there was an insurmountable force, economic risk, defense, extreme necessity or failure to fulfill their employer obligations in terms of providing normal conditions for storage of these things. In addition, the employer has the right to refuse to recover from the employee funds for the damage caused. This is defined in Article 240 of the Code. But if the owner of the spoiled 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 the constituent entities of the Russian Federation, as well as the MLA and directly with the documents of a particular organization.

Limited and full financial responsibility of the employee to the employer

The next point prescribed in the law is the limits. It is in accordance with them that the liability of workers to the employer may come. This is defined in article 241. According to it, the punishment may not be higher than the average amount of the monthly salary. But cases of full financial responsibility of the employee to the employer are also separately indicated (Article 243):

• When the full responsibility is imposed initially by law.
• If there is a shortage of entrusted valuables under a special agreement.
• In prejudice of intentional nature.
• Due to damage caused by alcohol or drugs intoxication.
• As a result of the crime (after the sentence of the court).
• Because of an administrative offense.
• If the obligations under the contract are not fulfilled.
• Because of the disclosure of secrets, which by law has a commercial, official or state character.

The material liability of the employee for damage caused to the employer, which must be paid in full, can be established by an employment contract concluded between the parties, where the chief accountant or deputy head serves as an employee. This is regulated by Article 242. According to it, in the case of full financial responsibility of the employee to the employer, the first reimburses certain specific damage (which is valid) 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 material responsibility of the employee to the employer are full and limited. The first kind we have considered, now we will stop on the second. Responsibility, coming in a limited form, is not directly established by law. However, in practice the following cases have developed:

• Damage or destruction of property due to negligence;
• Shortage of funds, loss or impairment of any documents, or payment due to employee actions penalties.

Age and responsibility

When determining the material liability of an employee for damage caused to the employer, the age of the employee should be taken into account. Thus, persons who are not yet 18 years of age will bear it in full only if intentional harm is caused as a result of intoxication with alcohol or drugs and because of the commission of an illegal act providing for criminal or administrative punishment. Agreements on full responsibility are concluded only with adults who use and serve 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 (brigade) and individual. The first cases occur when there is no possibility to delimit the limits of damage caused by each employee. Then a contract is concluded about this between the employer and the whole team. When the consequences come, the employee must prove his innocence and innocence.

When damage is compensated on a voluntary basis, then its size is determined by a separate agreement, which takes into account the fault of each separately. If the damage is collected in the order of judicial proceedings, the fault and involvement of employees is determined directly by the court.

Before collecting damages, the employer is obliged to establish what amount of damage was caused. In this he is bound by Article 247 of the Code. 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.

With all the verification materials, if desired, the employee can read and appeal them if he deems it necessary.

The individual liability of the employee to the employer is complete. If there is such an agreement is concluded according to the standard form established by the decision of the Ministry of Labor in 2002.

How is the damage compensated?

How is damage collected from the employee found guilty? This is defined in Article 248. If the employer has departed from the established procedure, then the employee has the right to sue in this regard.

Damage can be reimbursed on a voluntary basis. In addition, an additional agreement may be concluded, by which installments are provided for this purpose. Then the employee undertakes to reimburse the damage on a certain schedule, and this fact is recorded in writing. At the same time, if he resigns and refuses to pay the recovered amount, then there is a proceeding in the future, as a result of which the debt will be recovered on the basis of a court decision.

If the employer agrees, compensation for damage is possible through the transfer of equivalent property. In addition, already spoiled property can be fixed by an employee. In this case, the employer transfers this property to the guilty party, and the latter performs the work promised by him in connection with this.

If the employee leaves

The compensation is realized in accordance with article 249. If the employee is dismissed earlier than the full period for full compensation, for no good reason, he must compensate the employer for the costs incurred by him for the training, calculated in proportion to the actually worked out time 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 in no case will be taken if the damage was recovered as a result of the commission of a criminal act by the employee for selfish purposes.

Preparation for legal proceedings

Sometimes an employer has to go to court. Then he provides the following information in order for the employee's material responsibility to the employer to come:

1. The employee voluntarily waives the contract.
2. Execution is impossible by order.
3. The amount of damage is greater than the average monthly earnings.
4. The employer was not reimbursed for the training costs spent on the employee.
5. He had to compensate for the damage caused by the employee.

The right to apply to the court remains within a year from the moment when the harm was discovered.

Solving the issue in court

On November 16, 2006, the Plenum of the Supreme Court issued Decision No. 52. It regulates how the employee's financial responsibility to the employer is applied. A sample contract can be seen below. The decree, in particular, states that in order to resolve the case for damages, proof is required, the burden of which falls on the employer. In particular, he must provide the court with the following evidence:

1. Information on the absence of those circumstances in which a limited or full liability of the employee to the employer is excluded.
2. The wrongfulness of the employee.
3. His fault in approaching harmful consequences.
4. The connection between the damage caused and the actions of the employee, which are illegal.
5. The presence of damage, which is actual in nature and its exact size.
6. Evidence that the contract ("Employee's liability to the employer"), a sample of which is lower, was fully respected.

At the same time the employee is obliged to prove the absence of guilt in the fact that the damage was caused. If the guilt has been proved, the burden of reparation falls on him, regardless of whether administrative, disciplinary or criminal liability occurs or not.