Man and woman 

One of the types of liability

Liability in the sphere of labor is the obligation of one party to the employment contract, guilty of causing damage to the other party, to compensate for it in the amount and in the manner prescribed by labor legislation.

Classifications liability in the field of work:

By amount of compensation allocate full (in the amount of direct actual damage) and limited (in the amount of direct actual damage, but not more than the average salary of the employee). The employer always bears full financial responsibility, and the employee in cases specified by law bears full financial responsibility, and in the rest - limited;

By the number of perpetrators and the method of distribution of responsibility between them allocate and . According to the method of distribution of responsibility in the group of workers guilty of causing damage, share, joint and several, subsidiary and collective (brigade) liability are distinguished;

By way of compensation for the damage caused allocate compensation on the basis of a written agreement of the parties (voluntary compensation procedure), on the basis of a court decision and on the basis of an order from the employer.

It should always be remembered that mandatory conditions liability are:

  • actual (actual) damage;
  • damage is caused by one party to the employment contract to the other party;
  • there is the fault of the party that caused the damage (with the exception of cases of damage caused by a source of increased danger and the employer's liability for damage caused by his employee in the performance of job duties);
  • there must be a causal link between the guilty wrongful act (action or omission) and the damage caused;
  • there are no circumstances exonerating from liability.

Usually, liability is based on an offense, therefore, when holding an employee liable, the employer takes an explanation from him, as in disciplinary responsibility. In addition, as with any offense, there must be a certain composition in order to be held accountable.

The elements of an offense in material liability can be defined as follows:

  • subject: party to the employment contract, including the former, if the damage was caused during the employment relationship;
  • subjective side: the guilt of the subject as a category that characterizes the attitude of the subject to the act and the ensuing consequences, is determined in the form of intent or negligence;
  • object: a legal relationship violated by an act, these are relations of property and property interests that are violated as a result of causing damage;
  • objective side: it external characteristic the act itself, including the consequences, the causal relationship between the action or inaction and the damage caused, as well as the place, time, method of committing the act and other external characteristics.

Speaking about liability, one cannot fail to note the importance of the institution of liability in labor law:

  • recovery value: the damage caused is compensated;
  • educational value: the need to endure adverse consequences; there is an influence on the employee himself and other members of the labor collective to prevent such acts;
  • legal meaning: the procedure, the amount of compensation, the procedure - everything is regulated by law, and failure to comply with the established rules may deprive the party of the possibility of compensation.

It should be borne in mind that the conditions for ensuring the property interests of the parties to the employment contract do not appear on their own, they are directly related to the fulfillment by the parties of the employment contract of their duties. Thus, labor legislation provides for the obligation of the employee to take care of the property of the employer (Article 21 of the Labor Code of the Russian Federation). The employer is obliged to create the necessary conditions for work, he is obliged to ensure the safety of machines, mechanisms, must provide employees essential tool, documentation, in established cases, train the employee in the methods and techniques of conducting work, and the employer must ensure the conditions for the safety of the property entrusted to the employee (Articles 22, 212, 239 of the Labor Code of the Russian Federation). An exception to the general rule will be enterprises where, in the performance of duties, there is a certain economic risk of consequences in the form of damage.

The conditions, at which the production economic risk is considered justified, the following: the goal cannot be achieved by two means without risk; the risk taker has taken all possible measures to prevent adverse consequences; risk of loss corresponds economic purpose for which it is undertaken; the object of risk should be property benefits, and not the life and health of people; the right to risk is given only to persons professionally trained.

Employees are not liable for damage within the limits of natural loss in the course of work or if the damage was caused within the framework of normal economic risk, subject to the conditions justifying it. The legislation provides for exemption from liability in cases emergency and the necessary defense if the limits have been exceeded.

Based on the requirements of Art. 232 of the Labor Code, the obligation to compensate for the damage caused is considered as a mutual obligation of the participants labor agreement, which can be specified by the parties. The party to the employment contract (employee or employer) that caused damage to the other party shall compensate for this damage in accordance with Labor Code and other federal laws. An employment contract or agreements concluded in writing may specify the liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer higher than it is provided for by the Labor Code or other federal laws.

The liability of an employee for the harm caused should be distinguished from the corresponding civil liability. According to Art. 1064 Civil Code Russian Federation (Civil Code of the Russian Federation) damage caused to the property of an individual or legal entity, is fully refundable. At the same time, the concept of harm includes both real damage and lost profits. Real damage is the cost that a person has made (or will make) to restore damaged or acquire new property of equal value. Lost profits are understood as incomes that a person could have received under normal conditions of civil circulation if his right had not been violated. The material liability of an employee under labor legislation is established only for real damage, lost profits are not subject to recovery.

Direct actual damage is understood as a decrease in the employer's cash property or deterioration of the said property, as well as the need to incur unnecessary expenses for the acquisition or restoration of property. At the same time, the damage recovered from the employee also includes damage caused to the property of third parties, if the employer is responsible for its safety (i.e., property in safekeeping). Separately, the Labor Code of the Russian Federation considers the obligation of the employee to compensate for material damage caused to the employer as a result of compensation for harm to other persons. Such relationships, as a rule, arise from employers - owners of sources of increased danger. In this case, the damage caused to a third party is first reimbursed by the employer, and then the employee is presented with a recourse claim for the restoration of expenses incurred by the employer. And if the employer is liable to third parties in accordance with civil law, then the employee is liable to the employer - in accordance with labor legislation. And this is not an infringement of the rights of the employer, since the employer is responsible for organizing the work of the employee, and he is obliged to control the labor process.

Under employee liability is understood as his obligation to compensate for the damage caused to the employer, regardless of the form of ownership (LLC, OJSC, CJSC, unitary enterprise etc.). Moreover, only damage caused by illegal actions or inaction of the employee is subject to compensation.

Labor legislation provides for two types of employee liability:

1) limited, i.e. liability reimbursed within certain (predetermined) limits;

2) complete, i.e. such liability when the damage is indemnified without any restrictions in full.

Limited Liability

The main type of material liability of an employee is limited material liability. It is called limited because the employee is obliged to compensate the employer for the damage caused in the amount of the losses incurred, but not higher than his average monthly earnings (unless otherwise provided by the Labor Code). Russian Federation or other federal laws).

Compensation for damages is made at the order of the employer by deducting the appropriate amount from wages guilty worker. The consent of the employee for the issuance by the employer of an order to compensate for the damage caused by the employee is not provided for by labor legislation.

The employee also has the right to compensate the damage caused to the employer on a voluntary basis.

Full liability

Full liability is understood as the need for the employee guilty of causing damage to compensate it in full.

Liability in the full amount of the damage caused can be imposed on the employee only in cases provided for by the Labor Code of the Russian Federation or other federal laws.

There is a restriction for workers under the age of 18. They are solely liable for:

1) intentional infliction of damage;

2) damage caused in a state of alcoholic, narcotic or toxic intoxication;

3) damage caused as a result of a crime or administrative offense.

The law establishes the following cases in which employees are liable in full:

When, in accordance with the law, the employee is fully liable for damage caused to the enterprise in the performance of labor duties (for example, telecom operators bear full liability for loss, damage to valuable postal items, shortage of investments in the amount of the declared value);

When the damage was caused not in the performance of labor duties (a classic example is the use of the employer's vehicle for personal purposes by the driver);

When a written agreement is concluded between the employee and the enterprise on the acceptance by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes. Such an agreement can be concluded by the employer not with every employee, but only with those who are included in the special List of works and employees with whom agreements on full individual and collective (team) responsibility can be concluded. Full liability agreements must be concluded in writing. It should also be borne in mind that, firstly, an employer can conclude such contracts only with employees who have reached the age of 18, and, secondly, the nature of the work of these employees must be related to the direct service or use of commodity or monetary values ​​or other property;

When property or other valuables were received by the employee on account of a one-time power of attorney or other one-time documents;

When the damage is caused by an employee who was in a state of intoxication;

When the damage is caused by the criminal actions of the employee, established by a court verdict;

When the damage was caused as a result of an administrative offense, if such is established by the relevant state body;

When damage is caused by shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including during their manufacture, as well as tools, measuring instruments, special clothing and other items issued by the enterprise to the employee for use.

In addition to individual liability, the Labor Code of the Russian Federation establishes another type of liability - collective (team) liability for the damage caused.

When employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, collective (brigade) liability may be introduced.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team).

Under an agreement on collective (brigade) material liability, values ​​are entrusted to a predetermined group of persons, which is fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damages judicial order the degree of guilt of each member of the team (team) is determined by the court.

The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused. But it cannot be lower than the value of the property according to the data accounting taking into account the degree of wear and tear of this property.

The procedure for compensation for damages

Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct an audit to determine the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the employer has the right to create a commission with the participation of relevant specialists. The employer is obliged to demand written explanations from the employee in order to establish the cause of the damage. The employee and (or) his representative have the right to get acquainted with all the materials of the audit and appeal them in the manner prescribed by the Labor Code of the Russian Federation.

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee.

If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then the recovery is carried out in court.

If the employer fails to comply with the established procedure for recovering damages, the employee has the right to appeal against the actions of the employer in court.

An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage with installment payment is allowed. In this case, the employee submits to the employer a written obligation to compensate for the damage, indicating specific payment terms. In case of dismissal of an employee who gave a written obligation to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is recovered in court.

With the consent of the employer, the employee may transfer to him equivalent property to compensate for the damage caused or repair the damaged property.

Compensation for damage is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction, as a result of which damage was caused to the employer.

IN labor law rules are stipulated limiting the amount of deductions from the employee's wages. There are three of them: 20, 50 and 70 percent. Overall size of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws - 50 percent of the wages due to the employee. When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages. These rules are described in more detail in chapter 11 "Salary" of this textbook.

Reimbursement of costs associated with employee training

In the event of dismissal without good reasons before the expiration of the period stipulated employment contract or an agreement on employee training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually worked after the end of training, unless otherwise provided by the employment contract or training agreement.

Compensation for damage caused by disclosure of commercial (official) secrets

Compensation for damage caused by the disclosure of commercial (official) secrets is made in the manner prescribed by the Federal Law "On Commercial Secrets".

Questions and tasks

1. Define the concept of "material responsibility". What types of liability do you know?

2. Under what conditions is liability possible?

3. List the grounds for the material liability of the employee and the employer.

4. Describe the main cases of liability of the employer.

5. How does the limited liability of an employee differ from the full liability?

6. In what cases can an employee be brought to full liability?

7. Describe the procedure for compensation by the employee for the damage caused.

The Labor Code of the Russian Federation provides for 2 main types of such liability: limited and full. With limited liability, the employee compensates for the damage caused by him in full, but not more than his average monthly salary (Article 241 of the Labor Code of the Russian Federation).

This means that if the amount of damage caused in monetary terms is less than or equal to the average monthly salary of the employee on the day the damage was caused, then the damage must be fully compensated. If the cost of damage is more than the average monthly earnings, then the employee is charged an amount equal to the average monthly earnings, and the rest of the damage is written off as a loss.

The average monthly salary is determined based on the actual accrued wages and the actual hours worked for the 12 months preceding the day the damage was caused (see 133 of the Labor Code of the Russian Federation).

The limitation of liability to the limits of the average monthly earnings (or other limit) should not be confused with the limitation of the amount of deductions for each payment of wages (Article 138 of the Labor Code of the Russian Federation). If, for example, an employee, by order of an employer or by a court decision (Article 248 of the Labor Code of the Russian Federation), is charged with 2,000 rubles (with such an average monthly salary), then this amount is withheld in installments in compliance with Art. 138 of the Labor Code of the Russian Federation.

Limited liability within the limits of average monthly earnings is a general rule. Employees bear such liability in all cases of causing property damage to the employer, with the exception of those for which special rules provide for a different type (a different limit or full liability).

The full liability of the employee consists in his obligation to compensate for the damage caused in full. Such responsibility can be assigned to an employee only in cases provided for in the Labor Code of the Russian Federation or other federal laws (Article 242 of the Labor Code of the Russian Federation).

Liability in the full amount of the damage caused is assigned to the employee in the following cases (part 1 of article 243 of the Labor Code of the Russian Federation):

1) when, in accordance with the Labor Code of the Russian Federation or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;

2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

3) intentional infliction of damage;

4) causing damage in a state of alcoholic, narcotic or toxic intoxication;

5) causing damage as a result of the criminal actions of the employee, established by a court verdict;

6) causing damage as a result of an administrative offense, if such is established by the relevant state body;

7) disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;

8) infliction of damage not in the performance of labor duties by the employee.

Employees under the age of 18 bear full financial responsibility only for intentionally causing damage, for damage caused in a state of alcoholic, narcotic or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense (Article 242 of the Labor Code of the Russian Federation), i.e. in the cases provided for in paragraphs. 3-6 art. 243 of the Labor Code of the Russian Federation.

In accordance with paragraph 1 of Art. 243 of the Labor Code of the Russian Federation, the employee bears full financial responsibility by virtue of the direct prescription of the law, regardless of whether contracts have been concluded with him or not. Such responsibility is borne, for example, in accordance with Art. 277 of the Labor Code of the Russian Federation heads of organizations; employees of state communications enterprises for the loss or delay in the delivery of all types of postal and telegraph items, shortage or damage to postal items1.

In accordance with paragraph 2 of Art. 243 of the Labor Code of the Russian Federation, the employee bears full liability, provided that a special agreement on full liability has been concluded with him or if he has received material values ​​under a one-time document.

Written agreements on full individual or collective (team) liability, i.e. on compensation to the employer for causal damage in full for the lack of entrusted property, are concluded with employees who have reached the age of 18 and directly serve or use money, commodity values or other property.

The lists of works and categories of employees with whom these contracts can be concluded, as well as the standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation (Article 244 of the Labor Code of the Russian Federation).

Since new lists and standard forms of contracts have not yet been approved, the lists and standard contracts, approved by the resolutions of the USSR State Committee for Labor and the secretariat of the All-Union Central Council of Trade Unions of December 28, 1977 (with additions of September 14, 1981) and September 14, 19811

If with an employee falling under the list referred to in Part 2 of Art. 244 of the Labor Code of the Russian Federation, a written agreement on full liability has not been concluded, then if he causes damage as a result of a shortage of property entrusted to him, he can only be held liable for limited liability within his average monthly earnings (if there are no other grounds for full liability ).

Collective (team) liability for causing damage can be introduced when employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude with him an agreement on compensation for damages in full.

A written agreement on collective (team) liability for damage is concluded between the employer and members of the team (team).

Under an agreement on collective (brigade) material liability, valuables are entrusted to a predetermined group of persons who are fully liable for their shortage. To be released from liability, a member of the team (team) must prove the absence of his guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When

When scanning for damages in court, the degree of guilt of each member of the team (team) is determined by the court (Article 245 of the Labor Code of the Russian Federation).

Paragraph 2 of Art. 243 does not limit the range of categories of workers (with the exception of minors - part 3 of article 242 of the Labor Code of the Russian Federation) who may be entrusted with receiving material assets according to a one-time document (usually by proxy - article 185 of the Civil Code of the Russian Federation). If the receipt of valuables (for delivery, storage) is not included in the labor function employee, then it is possible to entrust him with receiving valuables under a one-time document only with his consent.

Bringing the employee to full liability in the event of intentional damage in accordance with paragraph 3 of Art. 243 of the Labor Code of the Russian Federation is carried out if the employee has not been brought to criminal or administrative responsibility. If the employee is convicted under Art. 167 of the Criminal Code of the Russian Federation (“Intentional destruction or damage to property”) or if he was sentenced to an administrative penalty under Art. 7.17 of the Code of Administrative Offenses of the Russian Federation (“Destruction or damage to someone else’s property”), then he is brought to full liability in accordance with paragraph 5 or 6 of Art. 243 of the Labor Code of the Russian Federation. In the absence of a guilty verdict in a criminal case or a ruling in a case of an administrative offense, the employer must prove the guilt of the employee in the form of intent.

Bringing an employee who caused damage in a state of alcoholic, narcotic or toxic intoxication to full liability (clause 4 of article 243 of the Labor Code of the Russian Federation) does not depend on whether he was suspended from work (as required by part 1 of article 76 of the Labor Code of the Russian Federation ) or not. The determination of the fact of being in such a state occurs in the same way as upon dismissal under subpara. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

Bringing an employee to full liability for damage caused as a result of criminal acts (clause 5 of article 243 of the Labor Code of the Russian Federation) is carried out provided that the fact of a crime (in the form of both a criminal act and criminal inaction - article 14 of the Criminal Code of the Russian Federation) established by a final judgment of the court.

Termination of a criminal case by a court without a verdict (Article 254 of the Code of Criminal Procedure of the Russian Federation of 2002) means the impossibility of applying paragraph 5 of Art. 243 of the Labor Code of the Russian Federation. In this case, as well as in the event of an acquittal, the employee may be brought either to limited (Article 241 of the Labor Code of the Russian Federation) or to full liability on the basis of other paragraphs of Art. 234 of the Labor Code of the Russian Federation. This also applies to full liability, provided for in paragraph 6 of Art. 243 of the Labor Code of the Russian Federation, in the absence of a decision on bringing to administrative responsibility.

To bring the employee to full liability in accordance with paragraph 7 of Art. 243 of the Labor Code of the Russian Federation, it is necessary to

social documentary confirmation that the information, as a result of which disclosure caused damage to the employer, constitutes a legally protected secret (official, commercial or other). It is also necessary to determine how federal law full liability for such damage is provided. It should also be taken into account that the material liability of an employee may be applied not for the very fact of divulging a secret, but for the direct actual damage that has arisen as a result of this.

Full liability on the basis of paragraph 8 of Art. 243 of the Labor Code of the Russian Federation (for damage caused not during the performance of work stipulated by an employment contract) usually occurs when an employee uses the employer's property for his own personal purposes, both during working and non-working hours, both arbitrarily and with the permission of the employer.

Liability in full for the damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy heads, chief accountant (part 2 of article 243 of the Labor Code of the Russian Federation). At the same time, the head may bear full financial responsibility in cases provided for by federal law in accordance with paragraph 1 of Art. 243 of the Labor Code of the Russian Federation. Employment contracts with these managers may provide for full liability for damage caused through their fault by excessive cash payments, incorrect accounting and storage of material or monetary values, failure to take the necessary measures to prevent downtime, the release of poor-quality products, theft , destruction and damage to material and monetary values ​​(i.e. for mismanagement).

Full liability is provided for in Art. 249 of the Labor Code of the Russian Federation, according to which the employee is obliged to reimburse the costs incurred by the employer when sending him to training at the expense of the employer, in the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training the employee at the expense of the employer.

The Labor Code of the Russian Federation does not contain rules on compensation by an employee for moral harm caused through his fault to the employer. Therefore, if such harm is caused, the employer, in our opinion, has the right to demand its compensation in court in accordance with the norms of civil law (Article 1099-1101 of the Civil Code of the Russian Federation).

More on the topic Types of material liability of employees.:

  1. § 3. Liability of the employee to the employer 1.
  2. Liability of employees of religious organizations
  3. § 3. Liability of the employee to the employer
  4. § 8. Cases of full liability of employees
  5. Circumstances excluding material liability of the employee
  6. § 10. Circumstances excluding material liability of employees
  7. § 9. Relations on material liability of employees and employers

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The amount of damage caused by the employee is determined by the actual losses based on the market prices of the area, minus the depreciation of the property.

The employee who caused the damage can voluntarily compensate it in whole or in part, and also, with the consent of the administration, transfer equivalent property as compensation for damage or repair the damage.

If the compensation for damage does not exceed the average monthly earnings of the employee, then the deduction is made by order of the administration, and from the head of the organization - by order of the higher head of the organization. This order (order) must be made no later than one month from the date of the final determination by the employer of the amount of damage. If the employee does not agree with the deduction made or with its size, then he can challenge the order in the commission on labor disputes. In other cases, including when the period established for withholding has expired, compensation for damage is made by filing a lawsuit by the employer in court. The court may approve settlement agreement to reduce the amount of damages to be recovered.

Liability of employees- this is the legal obligation of employees to compensate in full or in part the direct actual damage caused by their illegal and guilty actions to the employer for whom they work. Liability is applied regardless of bringing the employee to disciplinary, administrative or criminal liability. Liability should be distinguished from such measures of material influence as the deprivation or reduction of bonuses, remuneration based on the results of work for the year, etc.

Terms of liability

Liability of employees occurs in the presence of the following conditions: 1) the presence of direct actual damage, that is, the loss, deterioration or decrease in the value of property, the need to incur costs for the restoration, acquisition of property or other valuables, or excessive payments. At the same time, lost income, that is, those amounts by which the property of the tenant would have increased if the debtor had not committed an offense, are not taken into account; 2) wrongfulness of the behavior of the employee who caused the damage. It is expressed in the fact that the employee does not perform or improperly performs the labor duties assigned to him by regulations, internal labor regulations, instructions and other mandatory rules, orders and orders of the employer; 3) the existence of a causal relationship between the behavior of the employee and the damage caused; 4) the presence of guilt in the behavior of the employee in the form of intent and negligence.

It is unacceptable to lay liability on an employee for harm that belongs to the category of normal production risk (experimental production, the introduction of new technologies, etc.)

Types of liability (full and limited)

Article 402 of the Labor Code establishes that employees, as a rule, bear full liability for damage caused through their fault to the employer. legislation, collective agreements, agreements may establish limited material liability of employees for damage caused to the employer through their fault, with the exception of cases provided for in Article 404 of the Labor Code.

Limited liability means that the employee is obliged to compensate for the damage in the amount of his actual damage, but the amount of compensation cannot exceed the average monthly earnings. Limited liability is currently provided for in accordance with Article 403 of the Labor Code in only two cases:

    employees - in the amount of damage caused through their fault, but not more than their average monthly earnings for damage or destruction through negligence of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or destruction through negligence of instruments, measuring instruments, special clothing and other items issued by the employer to the employee for use;

    heads of organizations, their deputies, heads of structural subdivisions and their deputies - in the amount of damage caused through their fault, but not more than three times the average monthly salary, if the damage is caused by incorrect accounting and storage of material or monetary values, non-acceptance necessary measures to prevent downtime or the release of substandard products. Such responsibility is borne by the heads of their deputies of any structural units provided for by the charter (regulations) of the enterprise.

The average monthly salary is determined based on the calculation of the last two calendar months of work of the employee who caused the damage. If an employee has worked for an employer for less than two months, then his average earnings are determined based on the time actually worked.

Full liability.

Full liability- this is liability in the amount of the damage caused without limiting it to any limit. Full material liability occurs if no exceptions are made to the general rule on full material liability. In addition, full liability in cases provided for in Article 404 of the Labor Code.

Most often, full liability occurs when a written agreement on full liability is concluded between the employee and the employer.

Written agreements on full liability can be concluded by the employer with employees who have reached the age of 18, occupy positions or perform work directly related to the storage, processing, sale (vacation), transportation or use in the production process of the values ​​transferred to them. An indicative list of such positions and works, as well as an indicative agreement on full individual liability are approved by the Government of the Republic of Belarus.

Full individual material liability can be established under the following conditions: 1) commodity-money values ​​are transferred to the employee under the report, that is, he is personally responsible for their safety and sale (small retail workers, storekeepers, cashiers. Bartenders, freight forwarders, etc. .); 2) conditions for the storage, sale and processing of material assets (isolated premises, etc.) have been created for the employee. 3) the employee independently reports to the accounting department for the values ​​entrusted to him.

A special form of full liability is collective (team) liability, which is introduced when employees jointly perform work related to the storage, processing, sale (vacation), transportation of valuables transferred to them, when it is impossible to distinguish between the liability of each employee and conclude an agreement with him on individual liability

Collective liability is introduced if the following conditions are present simultaneously: 1) work is performed jointly; 2) it is impossible to distinguish between the liability of each employee and conclude an agreement with him on full individual liability; 3) the employer has created conditions for employees to work normally and ensure the safety of the valuables transferred to them,

4) the employee (team member) has reached the age of 18 years.

A written contract on full liability provides a list of the main duties of the employee and the employer. The employee undertakes to take care of the material assets transferred to him for storage or for other purposes and take measures to prevent damage, promptly inform the employer of all circumstances that threaten the safety of the values ​​entrusted to him, make proposals to the employer for the reconstruction and repair of storage facilities and sites in order to improve their adaptability to the storage of material values, to keep records. Compile and submit, in accordance with the established procedure, commodity-money and other reports on the movement and balances of valuables. In turn, the employer undertakes to: create the conditions necessary for the employee to work normally and ensure the safety of the property entrusted to him, to acquaint the employee with the current legislation on the liability of employees, as well as the current instructions, standards and rules for storage, acceptance, processing, sale (vacation) , transportation or use in the production process of the values ​​transferred to him, to conduct an inventory and write-off of material assets in the prescribed manner.

The team assumes full financial responsibility for all inventory items (goods, containers, materials) transferred to it under the report. The written contract is drawn up in two copies, one of which is with the employer, and the second with the employee. The contract covers the entire time of work with material assets entrusted to employees.

The basis for bringing employees or members of the team to liability is material damage caused through their fault by not ensuring the safety of property and other valuables (shortage, damage) transferred to them for storage, sale or for other purposes and confirmed by the inventory sheet.

Compensable damage caused by the brigade is distributed among its members in proportion to the time actually worked for the period from the last inventory to the day the damage was discovered.