Regulation on individual liability
I approve:
Director
___________________
"___"________2017
POSITION
ABOUT RESPONSIBILITY OF EMPLOYEES
1. General provisions, Terms and Definitions
Intentional damage;
Causing damage in a state of alcoholic, narcotic or other toxic intoxication;
Causing damage as a result of the employee's criminal actions established by a court verdict;
Causing damage as a result, if such is established by the relevant state authority;
Disclosure of information constituting a secret protected by law, in cases provided for by federal laws;
Causing damage in case of non-fulfillment by the employee job duties.
2.3. Full financial responsibility can be individual and collective.
2.3.1. An agreement must be concluded with the employees indicated in the list approved by a separate order of the director of the company. liability. Refusal to conclude such an agreement without good reasons considered as non-fulfillment by the employee of his labor duties.
An individual form of full liability is established if the following conditions are present simultaneously:
Material assets are transferred under the report to a specific employee, and he is responsible for their safety;
The employee is provided with a separate isolated room or place for storage material assets and conditions are provided for the proper performance of duties;
The employee independently reports to the organization for accepting values under his account.
The contract is signed when the employee is appointed to the relevant position. An order or an indication in the employment contract that the employee bears full financial responsibility does not replace the corresponding written contract. Such an agreement is additional in relation to the employment contract with this employee.
The full liability agreement is drawn up in two copies. The first is in the personnel department of the company, and the second is with the employee.
The contract on full liability comes into force from the date of its signing and is valid during the entire period of work with the material assets entrusted to the employee.
2.3.2. When employees jointly perform certain types of work related to the storage, processing, sale, release, 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 (team) liability.
A written agreement on collective (team) liability for damage is concluded between the company and all 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.
With 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 firm.
2.4. Written agreements on full individual or collective (team) liability are concluded with employees who have reached the age of 18 and directly service or use cash, commodity values or other property.
2.5. Employees under the age of 18 bear full financial responsibility for intentionally causing damage, for damage caused while under the influence of alcohol, drugs or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.
3. Conditions for the occurrence of liability
3.1. Material liability is assigned to the employee in the event that the following conditions are simultaneously present:
The firm suffered direct actual damage;
Proved unlawful behavior of the employee;
The existence of a causal relationship between the illegal actions (inaction) of the employee and the resulting damage;
The fault of the employee.
3.2. The employee is obliged to compensate the direct actual damage caused to the company.
Direct actual damage is the actual decrease in the company's cash property or the deterioration of the specified property (including the property of third parties held by the company, if it is responsible for the safety of this property), as well as the need for the company to incur expenses for the acquisition or restoration of property (or compensation for damage caused by the employee to third parties).
The damage caused by the employee to third parties is understood as all the amounts paid by the company to third parties as compensation for damage.
Recovery from employees of those incomes that the company could have received, but did not receive due to incorrect actions (inaction) of the employee, is not allowed.
3.3. The unlawful behavior of an employee is such behavior when he does not perform or improperly performs his job duties. If the employee's labor duties are not fixed in the employment contract, other internal regulatory documents, the employee's behavior that is clearly contrary to the interests of the company is considered illegal.
Illegal behavior can be expressed in the form of action and inaction. Illegal inaction occurs when the employee had the opportunity to prevent the occurrence of damage (theft, marriage), but he did not take the necessary actions for this.
3.4. A prerequisite for the onset of material liability of the employee is the presence of a causal relationship between the illegal actions (inaction) of the employee and the resulting material damage.
The presence of any form of guilt is the basis for bringing the employee to liability, while if the damage is caused by the intentional actions of the employee, there is full liability.
The firm is obliged to prove the guilt of the employee, as well as the existence of other conditions of liability. To materially responsible persons the principle of presumption of guilt is applied: in case of failure to ensure the safety of inventory items transferred to them under the report, the obligation to prove that the loss or damage occurred through no fault of their own lies with them.
3.5. The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, emergency or necessary defense or failure by the firm to ensure proper conditions for the storage of property entrusted to the employee.
Also, a circumstance that exempts the employee from liability due to the absence of illegal behavior is the fulfillment of the requirement (order, order) of the company's management, the head of the department or the immediate supervisor to commit actions that led to material damage.
4. Determining the amount of damage to be
reimbursement, and the procedure for its reimbursement
4.1. The amount of damage is determined after an inventory of actual losses, calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower according to the data, taking into account the degree of deterioration of this property. The amount of damage is confirmed by the necessary documents (inventory act, etc.).
The amount of reimbursable damage caused through the fault of several persons is determined for each of them, taking into account the degree of fault, type and limit of liability.
4.2. When calculating the amount of damage, it should be determined whether loss rates () have been established for this type of product, that is, such an allowable reduction in the initial weight and volume of valuables in the process of sale, storage and transportation, which is the result of their natural physical and chemical properties.
The shortage of property or its damage within the limits of the norms of natural loss is attributed to the costs of production or circulation, moreover - to the account of the guilty persons. Loss rates do not apply when calculating damage caused by theft or misappropriation of valuables.
When determining any actual losses, the degree of depreciation of valuables according to established norms, as well as the value of the remaining scrap or waste of damaged property, is taken into account.
4.3. The employee who caused the damage may voluntarily compensate for it in whole or in part. The consent of the employee is recorded in a written agreement.
In case of voluntary compensation for damage, the employee has the right to:
Transfer property of equal value to compensate for damage or repair damaged property (with the consent of management).
Correction of damaged property must be carried out by the employee in his spare time from the main work and without payment.
4.4. In the event of an employee's refusal to voluntarily compensate for damage, it is carried out in a judicial or out-of-court procedure.
4.5. Compensation for damage in an amount not exceeding the average monthly earnings of an employee is made by order (order) of the director of the company by deduction from the employee. In this case, the withholding is made no later than 1 month from the date of the final determination by the firm of the amount of damage caused by the employee.
For each payment of wages, the amount of deductions for damages cannot exceed 20% of the amount due to the employee.
4.6. The reimbursable damage caused through the fault of the team is distributed among the members of this team in proportion to the monthly tariff rate () and the actually worked time of each employee for the period from the last inventory to the day the damage was discovered.
5. Final provisions
5.1. These Regulations are of unlimited duration and may be amended or supplemented by the order of the director.
5.2. All employees of the company must be familiarized with the Regulation against signature.
Any hired worker is to some extent responsible for the safety of the property entrusted to him. With regard to various units, equipment and Vehicle, on general rule, there are restrictions on the amount of reimbursable damage. Another situation develops with valuables and money - the employee pays the damage in full. In order to standardize the procedure for compensation for harm, you can draw up a provision on.
Regulation on full liability
Labor relations are regulated by various. One of them is the provision on full liability. Although its development is not mandatory, this document allows you to:
- distribute responsibility for values between employees and company management;
- create unified algorithms for the actions of employees in identifying shortages and calculating the amount of damage;
- determine the positions with which it is necessary to conclude agreements on full liability;
- avoid disputable situations when recovering losses;
- to reduce the loss of time for the execution of the necessary documents fixing the incident, and the return of lost property.
Employees of various services are involved in its development - personnel, legal and financial. Also, when creating this document, it is necessary to take into account the opinion of the heads of structural divisions, where the functional duties of employees imply full responsibility for the property of the employer.
When developing this provision, it is necessary to comply with the limits of the responsibility of employees established by law.
Section 11 of the Labor Code of the Russian Federation and Decree of the Ministry of Labor No. 85 define the types of work and positions, as well as situations in which an employee is fully responsible for the employer's property. In addition, the lack of interest of the employer in the safety of their own property or force majeure circumstances may be the reason for the release of the responsible employee from compensation for damage.
The procedure for developing a provision on full liability is similar to drawing up any other intra-company regulatory documents. Since this local normative act is not mandatory, there is no generally accepted form of it. Each employer independently decides which rules and procedures to include in it.
In addition, there is no need to develop a separate normative act. Employee liability provisions can be included in:
In addition to the provision, it is possible to develop unified forms of documents necessary to identify damage, determine its size and subsequent compensation at the expense of the guilty person.
For example, an employee independently identifies a shortage of entrusted to him Money. To fix the incident, you will need an act of a certain form. In order to simplify the procedure for registering a shortage and reduce time costs, it is possible in the provision on the mat. responsibility to provide a single sample of the act.
Approval of the provision on full liability
After the responsible unit develops the final version of this local regulatory document, it is coordinated with all interested services, departments and departments.
In the absence of comments and additions, the next step is to approve the provision on full liability. To do this, it is necessary to issue an appropriate order from the head of the company.
The order to approve the provision on full liability is similar to other orders of the head on the approval of local regulations. Its text includes:
The final version of the approved regulation is attached to the order.
You can create a manager's order as follows:
Professional and technical association "Innovator"
Mirny
15.12.2018 № 3654
ORDER
On approval of the Regulation on full liability
In order to ensure the safety of the property of PTO "Innovator"
I ORDER:
Approve the Regulation on full liability.
The head of the personnel department should bring the employment contracts of employees in line with the approved local regulatory act and conclude with separate categories workers and employees of the agreement on full liability, up to 01.01.2019.
Heads of structural subdivisions to amend the job descriptions of their employees, with whom agreements on full liability will be concluded, before 01/25/2019.
To impose control over the execution of the order on the deputy director of the PTO "Innovator" Perelivchenko E.K.
Director Maliroikin V.S.
After the position of the complete mat. responsibility will be approved, all employees of the company will be familiarized with it.
Local regulatory documents greatly simplify the work with personnel. They unify various procedures and contain uniform algorithms for the actions of personnel in different situations. The provision on full liability is aimed at ensuring the safety of the company's property, timely detection of damage or shortages, as well as reducing the time spent on identifying the perpetrators and compensating for the harm caused. When developing it, it is necessary to comply with legislative restrictions on the types of work and positions to which full responsibility for the entrusted values is applicable. The procedure for its approval and approval is similar to the enactment of other local regulations.
Regulations on the liability of employees - sample 2017 we will cite in our material - any company that wants to protect its property from the negligent attitude of employees, as well as abuse on their part, needs it. When compiling it, it is necessary to take into account all existing legislative norms in this area.
Legal basis for the creation and tasks set in the development of the regulation
In order to ensure uniformity, unification of procedures related to the coordination of interests of participants employment contract in terms of protection against loss of property of the employer, companies are recommended to create a specialized provision on liability. This is an internal document of the organization, which describes all the nuances of imposing obligations to maintain the safety of property on an employee, as well as acceptable methods of compensating for losses caused by his fault.
Some unified form provisions on liability of employees not provided, there are no mandatory requirements for those items that must necessarily be reflected in it. The structure and content of such a document is determined by companies independently, based on their organizational, production features. It accomplishes two important tasks:
- the general procedure for applying responsibility for the values entrusted to the employee is fixed for all personnel;
- contradictions are eliminated, the likelihood of conflicts when recovering the amount of damage from an employee is reduced.
An alternative approach may be to include all the described points in other local acts with the refusal to create a separate provision on this issue. These are: the collective agreement, the rules of the internal work schedule, an additional agreement to each labor contract.
The legislative basis for the formation of a local act on liability is:
- The Labor Code of the Russian Federation - in terms of a special section that reflects the application procedure, which defines approaches to assessing damage, the mechanism for compensating it, the possibility of taking into account facts that mitigate the employee's guilt or remove it completely.
- Decree of the Ministry of Labor of Russia "On approval of the lists of positions and works ..." dated December 31, 2002 No. 85 (hereinafter - Decree No. 85) - it contains a closed list of positions for which it is permissible to apply an agreement on full liability, and also provides its standard form with indicating a standard list of sections and the issues covered in them.
Limitations in bringing to full responsibility established by Decree No. 85
The specified normative act implies some restrictions for employers in terms of the application of full liability.
To draw up contracts with an employee, it is desirable to use the form given in this provision, taking into account all the conditions specified in it, the sequence of presentation of the content and placement of details.
In addition to the list of professions for which full responsibility can be applied, one must also take into account the description of the work where this resolution is allowed to be used. The minimization of subsequent risks in situations where it will be necessary to receive compensation for the damage caused to the company's property status largely depends on how carefully the employer treats the conditions and restrictions contained in this regulatory document. A serious study of the mechanisms for assessing the actual damage even at the stage of concluding an agreement will show the employee the extent of possible risks and the seriousness of the organization's intentions in the field of protecting its own material interests. That is why when drawing up a contract, it is necessary to show maximum attention to all details.
IMPORTANT! Companies are prohibited from entering into agreements on full liability with persons whose positions and work are not named in Decree No. 85. If this is nevertheless done, the employee’s rights will be violated and it is unlikely that it will be possible to receive compensation for damage.
To prevent various kinds of errors, the list of positions should be approved in advance staffing, for which it is permissible to conclude agreements on liability, and strictly adhere to it in their work.
Specific points that require reflection in the provision on liability
The existing legislation connects the emergence of an obligation to compensate for the damage suffered by the company not only with the persons named in Decree No. 85. In certain circumstances, any employee who caused them will be obliged to compensate for the losses incurred by the employer, through whose fault they were formed, even in the absence of a separate agreement on property liability. However, the list of such cases is rather limited.
The provision on the liability of employees should take into account this possibility, which is realized under the following conditions on the basis of Art. 243 of the Labor Code of the Russian Federation:
- valuables are damaged by a person intentionally;
- material damage was caused as a result of the employee being under the influence of alcohol or narcotic, toxic substances;
- loss of property occurred as a result of the criminal actions of the employee, which is confirmed by a court verdict or administrative violation established by state authorities;
- damage, loss, theft of assets committed as a result of their use by an employee for personal needs;
- the loss of the company arose as a result of the transfer by the employee to third parties of information constituting a commercial or other secret protected by law.
For the last item on the list legal entity it may be difficult to get a refund. This is related to the fact that most of leakage loss strategically important information, say, to competitors, is in the form of lost profits. And its coverage at the expense of the guilty person of the Labor Code of the Russian Federation is not provided for in any of the articles, moreover, it is expressly stated that it does not fall under the liability agreement.
In order to reduce the risk of such losses, with an employee who has access to classified information, a separate agreement on non-disclosure of data constituting a commercial secret is concluded. This will become another formal reason for bringing the person who violated its conditions to liability, including material. Nevertheless, it will still not be possible to compensate for the lost income as a result, since labor Relations not subject to the provisions of Art. 139 of the Civil Code of the Russian Federation on full coverage of losses incurred in such a situation.
The influence of the age of the employee on the procedure for recovering damages
Due to the fact that there are some features of the imposition of penalties of a material nature on persons under the age of majority, it is important to take this circumstance into account when forming a provision on the liability of employees. Employees under the age of 18 must constantly be under the special control of the employer.
IMPORTANT! It is prohibited to conclude material liability agreements with minors, as well as to require them to cover the material damage caused.
The Labor Code of the Russian Federation expressly states that only employees over the age of 18 should sign liability agreements if they official duties directly related to the maintenance of material or monetary resources.
At the same time, the law takes into account the interests of companies, assuming in Art. 242 of the Labor Code of the Russian Federation, a reservation to the above provisions, which is applied depending on the state in which the minor employee committed the violation. In particular, it provides for an exception to the general rule if a teenager has committed theft, damage, damage while intoxicated (alcoholic, narcotic, toxic) or as a result of criminal acts proven in court. In these cases, regardless of age, the employee is obliged to compensate for the losses in full, if it is clearly established that they occurred through his fault.
Difficulties in obtaining compensation for losses from an employee
When drawing up a provision on liability, the company must clearly state in it the conditions under which the organization can apply to the employee for compensation for material damage caused as a result of violation of the job description. However, in order to exercise his right, the employer will have to:
- clearly establish the guilt of a person in causing harm to the property position of the company, while there must be documentary evidence of this fact;
- estimate the actual cost of losses or the amount that will have to be spent on the restoration of damaged objects;
- to use to determine the final amount the market value of losses at the time of detection of the damage that has occurred, while it must not be lower than the residual book value of the damaged, stolen property, minus natural loss;
- do not make claims against the employee if no actual shortage or damage to property has been revealed.
IT SHOULD BE NOTED! If the valuables were stored in places that were not properly equipped to ensure their safety and integrity, the employee must be released from liability for possible theft or damage.
What needs to be done to claim compensation from the employee for the damage caused to him?
Apart from general issues and a description of the procedure for concluding an agreement on liability, the provision must provide for a step-by-step procedure for claiming compensation for losses incurred from an employee. This procedure means a list of actions that the organization must take to cover the losses incurred at the expense of the guilty employee. At the same time, they are all without fail should be based on the rules of the current legislation.
The first step is inventory
Before talking about the need to cover losses, you need to establish the fact of their existence. To do this, the company conducts an inventory, which determines the shortage in storage places or the property being in an inappropriate condition. At the same time, in the course of its implementation, documenting identified losses.
Before the start of the inventory, the order of the head on its conduct is issued without fail.
Recalculation and primary comparison with data accounting is made in the inventory list, and the results are presented in the collation sheet.
Step two - study the circumstances of the damage
After revealing the fact of losses, the reasons due to which these losses arose should be comprehensively studied. For this, a special working group employees conducting the investigation of all the circumstances of the case, its composition is approved by the order of the head.
Upon the fact of the incident, the employee must be required to provide a written explanation, which he must provide after 2 days. If no explanations have been received, an official act is drawn up, which records the fact of refusal to give explanations, which must also be drawn up by the commission.
The data received from the employee must be taken into account by the commission when making a decision on the involvement of the employee in the resulting shortage. When a group of employees is involved in a detected violation, abuse, the share of influence of each of them on the amount of the resulting shortage is ascertained.
Step three - determining the amount of losses in monetary terms
At this stage, the accounting department of the company must find out the market valuation of the lost, damaged, stolen property. At the same time, the current prices for such objects must be taken into account, residual value valued property according to accounting data.
Step four - execution of a package of documents for the presentation of damages for recovery
The results of the conducted official proceedings are public information and must be available to the employee or a person acting in his interests. The company does not have the right to prevent the employee from studying, analyzing the given data, documents on the investigation for the subsequent challenge of the conclusions of the commission. The duration of the final part of the procedure is largely determined by whether the organization needs to go to court to claim compensation for losses.
If the amount of damage does not exceed the average monthly wage of the perpetrator, the company can withhold this amount without going to court on its own. To do this, it is enough to issue an order signed by the head. However, the company has only one month to carry out this action from the date of determining the final amount of the incurred loss in current prices.
Also, an agreement can be reached between the employer and the employee on the gradual repayment of parts of the resulting debt of the employee to the company. In this case, the employee must write a statement in which he voluntarily undertakes to pay the amount of the shortfall within a strictly stipulated period in the shares specified in size.
If it was not possible to agree with the employee and he evades voluntary compensation in every possible way, the employer has the right to file a lawsuit for compulsory repayment of damages.
All of the above steps must necessarily be reflected in the text of the provisions on the liability of employees in one version or another of the presentation. One of the examples of this provision is given below on the link on the site, by clicking on which you can familiarize yourself with it.
Losses caused to the company as a result of actions (inaction) of the employee are subject to compensation. In addition to concluding a liability agreement, the company will have to take a certain list of steps to receive compensation for the losses incurred. These are: conducting an inventory, organizing a commission to investigate and study all the circumstances of the misconduct, assessing the actual damage, drawing up the final package of documents. At the same time, an employee can compensate for minor damage within the limits of average earnings immediately. Otherwise, if the employee does not agree to pay off the obligations that have arisen, the company will have to go to court.
The employer must include a description of all procedures related to the exercise of his right to receive compensation for losses incurred through the fault of the employee in the provision on liability. If it is available, it will be much easier for a company to prove its position in court, and employees will have a better idea of what they will face if they commit illegal acts, negligence, or insufficient diligence.
For this reason, the existence of such internal document in the company is highly desirable, and its compilation should be treated with the utmost responsibility. At the same time, the provisions this document can be combined with other local acts, for example, collective agreement or house rules.
A liability clause signed with an employee will make him more attentive to his work. A sample document can be downloaded for free.
Signing of the regulation on material and disciplinary responsibility workers - an important event in labor relations. Together with the contract, the provision on liability forms a set of measures for the proper regulation of labor. The interaction of the two papers allows the employer and employee to have certain guarantees, rights and obligations, and adhere to the rules of proper conduct. On the page you are viewing, a sample of the document under discussion can be downloaded for free.
The written execution of the provision on liability is important and carries many positive and auxiliary points. Expensive items and things entrusted to a person require competent recording of their accounting. An agreement signed with an employee will make him more attentive to his work. The values listed on the list must correspond to the availability in the warehouse. The employee, putting his signature under this list, must personally verify the available quantity, otherwise problems cannot be avoided.
Mandatory clauses of the provisions on the liability of employees
:- Record of the approval of the head at the top right of the title page;
- Name, short description, general items;
- Rules and regulations governing the procedure for actions in certain situations;
- Penalties for violations of liability;
- Compensation for harm;
- Introductory signatures of persons whose work borders on liability issues.
"APPROVE"
CEO
_____________________
_____________________
"___"________ 201_
Regulations on the procedure for disciplinary and material liability
enterprise employees
1. GENERAL
1.1. This provision on the procedure for disciplinary and material liability has been developed in accordance with Labor Code Russian Federation, Decree of the Ministry of Labor and social development of the Russian Federation "On approval of the lists of positions and works substituted or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability" N 85 dated 12/31/2002, company charter, other regulations and determines the procedure for applying disciplinary and material impact on violators of discipline and order.
1.2. Compliance , labor and technological discipline, job descriptions and other regulatory documents of the enterprise - a single requirement for all categories of employees.
1.3. Provisions on subdivisions developed by divisions of the enterprise in terms of the responsibility of employees are based on this provision on the procedure for disciplinary and material liability.
1.4. Right of use disciplinary actions used by heads of departments and the General Director of the enterprise.
1.5. When imposing a disciplinary sanction or applying other measures of influence, the severity of the committed act, the circumstances under which it was committed, the previous work and behavior of the employee, the presence of incentives received while working at the enterprise should be taken into account.
2. PENALTY FOR BREACH OF LABOR DISCIPLINE
2.1. The enterprise uses a system of combining disciplinary sanctions with measures of economic impact on violators of discipline.
2.2. For a one time violation labor discipline(lateness to work, failure to comply with the lawful orders of the administration, violation of the internal labor regulations, job descriptions, regulations on subdivisions, technical rules, safety regulations, etc.) the enterprise provides for penalties in the form of a remark announced orally by the head of the unit, or a reprimand announced by order of the General Director at his own discretion or at the request of the head of the unit.
2.3. A reprimand issued by order of the General Director deprives the employee of additional payments to wages(premiums) within 6 months.
2.4. For systematic violation of labor discipline, as well as the absence of an employee without a good reason at work within four hours during the working day, being without good reason not at his workplace, on another territory of the enterprise, refusal of an employee without good reason to perform work duties, refusal or evasion without good reason from medical examination employees in the event of such a need, the refusal of the employee to pass in work time special education and passing exams on safety and equipment operation rules; refusal of the employee to continue work in connection with a reduction in the category, official salary or tariff for gross violation an employee of technological discipline, other serious violations or based on the results of certification; the appearance at the workplace in a state of intoxication, in a state of narcotic or toxic intoxication, an employee of the enterprise can be applied the following types disciplinary action:
- notice of dismissal;
- dismissal.
2.5. The decision to issue a warning or dismissal from the enterprise is made by the General Director of the enterprise at the request of the head of the unit. The decision to warn about dismissal or dismissal of an employee shall enter into force from the moment of its adoption.
2.6. Accepted CEO enterprise decision - warning the employee about dismissal deprives the employee of receiving additional payments to wages (bonuses), including ______ percent of the allowance for the titles "Best Employee of the Enterprise", "Veteran of Labor" for a period of one year.
3. MATERIAL RESPONSIBILITY OF THE EMPLOYEES OF THE ENTERPRISE
3.1. All employees of the enterprise are liable for direct material damage, which is understood as: loss, deterioration or decrease in the value of property, the need for the enterprise to incur costs for the restoration, acquisition of property or other valuables, or to make excessive payments.
Lost income received by the enterprise, as well as damage resulting from normal production risk, are not subject to compensation.
3.2. For the material damage caused, the employees of the enterprise may bear limited liability or full liability.
3.3. Limited liability in the amount of the damage caused, but not more than the average monthly earnings of the employees of the enterprise, occurs:
- in case of unintentional damage to the property of the enterprise: machine tools, equipment, vehicles and loading facilities, buildings and structures, utilities, roads, green spaces, finished products;
- in case of damage or destruction due to negligence of materials, raw materials, semi-finished products, products during their manufacture;
- in case of damage or destruction of tools, small-scale mechanization, measuring instruments, overalls and other items issued to the employee for use;
- in the case when the enterprise suffers losses due to the fact that it is forced to compensate for the damage caused through the fault of the employee by a third party.
3.4. In case of full liability, the employee, through whose fault the damage was caused, is obliged to compensate this damage in full.
3.5. Employees are fully responsible for:
- in the case when an employee holding a position or performing work directly related to the storage, processing, release (sale), transportation and use in the production process of the values transferred to him and the General Director concluded a written agreement on the assumption 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;
- in the case when the property and other valuables were received by the employee on account of a one-time power of attorney or other one-time documents;
- in the case when the damage is caused by shortage, deliberate destruction or deliberate damage to materials, products, semi-finished products, finished products, as well as tools, measuring instruments, overalls and other items issued to the employee for use;
- in the event that the damage was caused not during the performance of the employee's labor duties;
- in case of causing damage in a state of alcoholic, narcotic or toxic intoxication;
- in case of damage as a result of the employee's criminal actions established by a court verdict;
- in case of damage as a result of an administrative offense, if such is established by the relevant state body;
- in case of disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws.
etc...
Order drafting required document by personal order.