Material liability
One of the types of legal liabilityis a liability. It arises in connection with the infliction of damage by an official or other employee to the enterprise due to improper performance of his duties.
The liability is partial andcomplete. The first means the obligation of the employee to compensate the direct actual damage caused to the enterprise, that is, the real worsening or reduction of the employer's property, as well as the costs that must be incurred for its restoration, acquisition or refund. The amount of payments under this type of liability can not exceed the size of the average monthly earnings. The lost profit is not refundable.
Full financial liability for the harm caused occurs in the following cases:
- causing damage intentionally;
- causing it in drug or alcohol intoxication;
- in the performance of an administrative offense or a crime;
- with a shortage of values that are entrusted to the contract;
- the disclosure of secrets protected by law;
- as a result of non-performance of labor duties;
- in other cases provided for by federal laws and the RF Labor Code.
In the case of under-age workers, full responsibility can only be exercised if the situations indicated in the first three cases arise.
The liability can only beif there is an intentional or careless fault of the employee. It is excluded if harm is caused due to normal economic risk, force majeure, in extreme circumstances, with the necessary defense, failure by the employer to ensure proper storage conditions for the property.
Contracts on full responsibility are concluded only with adults who directly use or serve commodity and monetary values or other property.
The material responsibility of workers canbe collective and individual. In the first case, the head of the enterprise must issue an order and bring it to the attention of the whole collective, and then conclude an agreement on full material responsibility, which must be signed by each employee of the collective. Individual responsibility is applied to a specific employee:
- which is entrusted with the function of ensuring the security of the property transferred to it;
- which is entrusted to store it with the provision of a separate isolated storage room;
- who reports independently to the accounting department for the values he has accepted for reporting.
Full liability mayto impose a special agreement, before the conclusion of which it is necessary to conduct an inventory of property in order to find out what exactly the employee will answer for. If the harm has come, it is necessary to again make an inventory, to appoint an official investigation and to find out the cause of the incident.
The employer has the right to refuse compensationdamage caused by the employee. If he does not have such a desire, he issues an order to bring to liability or appeals to the court. The latter may within 3 months appeal the order in a judicial procedure. In this case, the operation of the order is not suspended. In the case of voluntary compensation for damages, the employee may be granted installments on the basis of a written obligation indicating the terms of payment. The employee can repair the damage by providing similar property, or repair the damaged one.
In case of disputes, it is necessary to apply to the court. The limitation period for bringing an employee to liability is 1 year.
