Financial liability is reimbursed. Consequences of damage

According to Article 232 of the Labor Code of the Russian Federation, a party to an employment contract that causes damage to the other party must compensate for this damage. The amount of financial liability may be specified in the employment contract. At the same time, the contractual liability of the employer cannot be lower, and the employee higher, than provided for in the Labor Code of the Russian Federation.

Please note: termination of an employment contract does not entail the release of a party from financial liability.

8.2.1. Liability of employers

We have already said that the employer is now responsible for the delay in payment wages employees. This is established by Article 236 of the Labor Code of the Russian Federation.

Let's consider other grounds for the employer's financial liability.

According to Article 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. For example, this is necessary if earnings are not received as a result of:

Illegal removal of an employee from work, his dismissal or transfer to another job;

The employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job;

Delays by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant wording of the reason for the employee’s dismissal;

Other cases provided for by laws and collective agreement.

And on the basis of Article 234 of the Labor Code of the Russian Federation, an employer who causes damage to an employee’s property shall compensate for this damage in in full.

The amount of damage is determined based on market prices in force in the area at the time of compensation.

If the employee agrees, then the damage can be compensated by providing the same thing. Damage is compensated based on the employee’s application. The employer is obliged to consider the application and make an appropriate decision within ten days from the date of its receipt.

If the employee disagrees with the employer’s decision or does not receive a response within the prescribed period, the employee has the right to go to court.

8.2.2. Material liability of employees

As before, in accordance with Article 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for his direct actual damage, that is, a real decrease in the employer’s available property or deterioration in the condition of this property and the costs that the employer will make to purchase new property or repair old ones. The employee is also obliged to compensate for damage to the property of third parties if it is in the possession of the employer and he is responsible for its safety.

Lost income (lost profits) cannot be recovered from the employee.

However, the employee is not always liable for damage caused to the employer. Article 239 of the Labor Code of the Russian Federation defines a list of circumstances that exclude the financial liability of an employee.

The law includes the following circumstances:

Force majeure;

Normal business risk;

Urgent necessity;

Necessary defense;

Failure by the employer to fulfill the obligation to provide conditions for the preservation of property entrusted to the employee.

Article 241 of the Labor Code of the Russian Federation defines the limits of an employee’s financial liability: for damage caused, the employee bears financial responsibility within the limits of his average monthly earnings, unless otherwise provided Labor Code RF or laws.

In accordance with Article 242 of the Labor Code of the Russian Federation, the full financial liability of an employee consists of his obligation to compensate for damage caused in full size. It can be assigned to the employee only in cases where provided for by the code or laws.

And employees under 18 years of age bear full financial responsibility only for intentional causing damage, for damage caused while under the influence of alcohol, drugs or toxic substances, as well as for damage caused as a result of a crime or administrative offense.

Cases of full financial liability are established by Article 243 of the Labor Code of the Russian Federation:

When, in accordance with the code or laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;

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

Intentional causing of damage;

Causing damage while under the influence of alcohol, drugs or toxic substances;

Causing damage as a result of criminal actions of an employee established by a court verdict;

Causing damage as a result of an administrative violation, if established by the relevant government body;

Disclosure of information constituting a secret protected by law (official, commercial or other), in cases provided for by law;

Causing damage not in the performance of the employee labor responsibilities.

Please note: on the basis of an employment contract, the head of the organization, his deputies, and the chief accountant may bear full financial responsibility under the employment contract.

Article 245 of the Labor Code of the Russian Federation speaks of collective (team) financial responsibility.

Written agreements on full individual or collective financial responsibility are concluded with employees who have reached the age of 18 and directly service or use cash, commodity values or other property.

Currently, the List approved by Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of December 28, 1977 N 447/24 is still in effect. It also approves the standard form of an agreement on full financial liability.

Financial liability may also be assigned to several employees who together perform work related to the storage, processing, sale, transportation, use or other use of the valuables transferred to them. In this case, it is often impossible to differentiate the responsibility of each employee for causing damage and to conclude an agreement with him on full financial responsibility.

According to Article 245 of the Labor Code of the Russian Federation, in this case, an agreement on collective (team) financial liability for damage is concluded between the employer and these employees. Under this agreement, values ​​are entrusted to a predetermined group of persons. They bear full financial responsibility for their shortage. To be released from financial liability, a member of a team (team) must prove the absence of his guilt.

With voluntary compensation for damage, the degree of guilt of each member of the team is determined by agreement between all members of the team and the employer.

And if damages are recovered through the court, then it determines the degree of guilt of each member of the team (team).

How is the amount of damage caused to the employer determined?

It depends on the actual losses, which are calculated based on market prices prevailing in the area on the day the damage occurred. However, the market value of the property cannot be lower than the value of the property according to accounting data, taking into account the degree of depreciation of the property. The law may establish a special procedure for determining the amount of damage caused to an employer by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal amount.

The procedure according to which the employer determines the amount of damage caused to him is established in Article 247 of the Labor Code of the Russian Federation.

As before, recovery from the perpetrator of damages not exceeding the employee’s average monthly earnings is carried out by order of the employer. The order cannot be made later than a month from the date of final determination by the employer of the amount of damage caused by the employee.

But if month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer and its amount exceeds the employee’s average earnings, then the recovery is carried out by the court.

And if this procedure is not followed, then the employee has the right to go to court.

An employee who causes damage to the employer may voluntarily compensate it in full or in part. If the administration does not object, then compensation for damage by installments is allowed.

In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms. In the event of dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is collected through the court.

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

Note that even if an employee is subject to disciplinary, administrative or criminal liability for actions or inactions that caused damage, this does not relieve him of the obligation to compensate for damage.

In the employment contract, the employer can write that the employee who studied at the expense of the company must work for it for a certain time. This can also be specified in the agreement on training the employee at the expense of the employer.

And if he quits without a good reason before the end of this period, then the employer, in accordance with Article 249 of the Labor Code of the Russian Federation, can recover from him the funds spent on training.

Example

The company sent the employee to a three-month advanced training course and paid the cost of training - 30,000 rubles. In the agreement on training the employee at the expense of the employer, concluded on March 4, 2002, it was stated that Polyakova I.G. Must have worked in the organization until January 14, 2003.

However, on August 12, 2002, the employee submitted her resignation at her own request.

The administration of the enterprise decided that the employee should reimburse her 10,000 rubles. towards the cost of her training.

To recover the amount of damage, the administration of Quadro LLC went to court, and it granted its claim.

Material liability- this is compensation material damage(harm) caused by the guilty party in labor relations(employee or employer).

Depending on who caused the damage, a distinction is made between the employee’s financial liability for damage caused to the employer’s property and the employer’s financial liability for damage caused to the employee.

I. Material liability of the employee. One of the employee’s job responsibilities is his duty to take care of the property of the enterprise (institution). And if it's in progress labor activity causes harm, he is obliged to compensate it.

Limited financial liability is usually imposed on the employee for the harm caused. This is due to the fact that the legislator takes into account the fact that, firstly, the employee, while performing his job duties, acts in the interests of the employer, and, secondly, the employer had the opportunity to choose the employee’s candidacy, and therefore must bear responsibility certain risk for his actions. That is why an employee who causes material damage is placed in a higher privileged position compared to a defendant under a civil liability and, as a rule, compensates for damage not in full, but within the limits of a month’s earnings.

It is this kind of financial liability that is called limited, which significantly distinguishes it from liability for damage civil law. For example, if a worker breaks one of them while washing glass (and the area of ​​window glass is production premises can be very significant), then no matter how much it costs, more than the average monthly salary cannot be recovered from her.

Full financial liability, i.e. liability in the amount of damage caused, is assigned only in cases provided by law(Article 243 of the Labor Code):

1. when legislation imposes full financial responsibility on the employee, regardless of whether an agreement on full financial responsibility was concluded with him;
2. when the property is received by the employee on the basis of a special written agreement or by one-time document(for example, the forwarder received property for transportation, but it disappeared on the way);
3. when the damage is done deliberate destruction or damage to the property of the enterprise;
4. when the damage was caused by an employee who was intoxicated (for example, drunk driver violated traffic rules, as a result of which the car was damaged);
5. when the damage was caused by a crime established by a court verdict, or as a result of an administrative violation;
6. when an agreement on full individual or collective financial responsibility was concluded with the employee (usually such an agreement is concluded with employees associated with the sale, transportation, processing and storage of valuables transferred to them);
7. when the damage was caused not in the performance of work duties (the driver broke down the car while traveling to the country), regardless of what time (working or non-working) it happened.

Full financial responsibility can be not only individual, but also collective. It is based on written agreement, concluded by all members of the team (team) with the employer. It is clear that in this case, team members must trust each other. Therefore, they have the right to remove a member of the team, including the foreman, and agree to accept new members. Amounts of compensation for damage by the team are distributed among its members depending on the time they worked (sickness and vacation time are taken into account), on the degree of their guilt and on their tariff rates. To be released from financial liability under such an agreement, the employee must prove the absence of his guilt.

Procedure for compensation for damage. An employee who causes damage may voluntarily compensate his employer in whole or in part. With the consent of the administration, he may transfer property of equal value to compensate for the damage or repair the damaged property.

If voluntariness is not shown on his part, then the withholding of damages not exceeding monthly earnings is carried out by order of the administration. Such an order must be issued no later than one month from the date the amount of damage is established.

In other cases, compensation for damage is made by filing a claim in court by the administration. The court may, taking into account the degree of guilt, specific circumstances and financial situation employee to reduce the amount of damage subject to compensation.

It should be noted that the employee bears financial responsibility regardless of whether he is brought to disciplinary, administrative or criminal liability for actions that caused damage to the employer.

Causing harm to the employer in connection with the employee’s performance of his duties labor functions and its compensation within the framework of material liability under labor law excludes the bringing of such an employee to civil liability.

II. Financial liability of the employer for harm caused to the employee, can be imposed in two cases.

1. For harm caused to an employee by a work injury or occupational disease. This responsibility is provided for in Art. 184 of the Labor Code and a special law.

In this case, the damage is compensated in full, namely:

1. Lost earnings are compensated depending on the degree of disability;
2. are reimbursed additional expenses(for enhanced nutrition, prosthetics, Spa treatment etc.);
3. paid lump sum allowance at the rate of minimum size wages for five years;
4. reimbursed moral injury in cash;
5. compensation for damage to the family in the event of the loss of a breadwinner due to a work injury.

2. The employer’s financial liability for harm caused to the employee as a result of violation of his labor rights. These violations deprive the employee of the opportunity to work and, accordingly, receive necessary funds to existence.

What violations by the employer can cause such a negative result for the employee:

1. illegal dismissal from work;
2. illegal transfer to another job;
3. illegal dismissal;
4. refusal to comply with a court decision on reinstatement;
5. delay in issuing a work book;
6. entry into work book incorrect or non-compliant formulation of the reason for dismissal;
7. causing damage to the employee’s property (for example, if he uses his own tool during work, technical means, personal transport and so on.).

IN these cases harm caused to the employee is compensated in full.

A novelty in labor legislation is the establishment of the employer’s financial liability for delayed payment of wages (Article 236 of the Labor Code). In this case, along with necessary payments interest is collected from the employer (not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay).

Material liability in the sphere of labor is the obligation of one party to an employment contract, guilty of causing damage to the other party, to compensate it in the amount and manner provided for labor legislation.

Classifications of material liability in the world of work:

By subject highlight the financial responsibility of the employee and the financial responsibility of the employer;

By volume of compensation They distinguish between 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 other cases - limited;

According to the number of perpetrators and the method of distribution of responsibility between them allocate individual responsibility and responsibility of the group of workers. According to the method of distribution of responsibility in the group of workers guilty of causing damage, they distinguish shared, joint, subsidiary and collective (team) financial liability;

According to the method of compensation for damage caused reimbursement is provided based on written agreement sides ( voluntary order compensation), based on court decision and based on the order of the employer.

It should always be remembered that mandatory conditions bringing to financial liability are:

§ presence of actual (real) damage;

§ damage is caused by one party to the employment contract to the other party;

§ there is fault of the party that caused the damage (except for cases of damage caused by the source increased danger and the employer’s liability for damage caused by its employee in the performance of work duties);

§ must be causation between the guilty illegal act(by action or inaction) and damage caused;

§ there are no circumstances exempting from liability.

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

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

§ subject: party to the employment contract, including the former, if the damage was caused during labor relations;

§ subjective side: the subject’s guilt as a category characterizing the subject’s attitude to the act and the ensuing consequences is determined in the form of intent or negligence;

§ object: the legal relationship violated by the act is a relationship of property and property interests that are violated due to damage;

§ objective side: This 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 material liability, one cannot fail to note the importance of the institution of material liability in labor law:

§ recovery value: the damage caused is compensated;

§ educational value: having to endure adverse consequences; influences the employee and other members labor collective prevent such acts;

§ legal meaning: procedure, amount of compensation, order - everything is regulated by law, and non-compliance established rules may deprive a party of the possibility of recovery.

It should be taken into account that the conditions for ensuring the property interests of the parties to an employment contract do not appear on their own; they are directly related to the performance of their duties by the parties to the employment contract. Thus, labor legislation provides for the employee’s obligation to take care of the employer’s property (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 workers with the necessary tools, documentation, established cases train the employee in methods and techniques for conducting work, and the employer must provide conditions for the safety of the property entrusted to the employee (Articles 22, 212, 239 of the Labor Code of the Russian Federation). Exception from general rule will constitute enterprises in which, when performing duties, there is a certain economic risk of consequences in the form of damage.

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

Workers are not responsible for damage within the limits of the norms natural decline in the course of work or if the damage was caused within the framework of a normal economic risk, subject to compliance with the conditions justifying it. The law provides for exemption from liability in cases emergency And necessary defense, if the specified limits have been exceeded.

Based on the requirements of Art. 232 of the Labor Code, the obligation to compensate for 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) who caused damage to the other party compensates for this damage in accordance with the Labor Code and other federal laws. Employment contract or imprisoned in writing agreements may specify the financial liability of the parties to this agreement. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer higher, than provided for by the Labor Code or other federal laws.

The employee’s financial liability for 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 a physical or legal entity, subject to full refund. At the same time, the concept of harm includes: real damage, and lost profits. Real damage is the expenses that a person has made (or will make) to restore damaged property or purchase new property of equal value. Lost profits mean income that a person could have received if normal conditions civil turnover, if his right had not been violated. The financial liability of an employee under labor law is established only for actual damage; lost profits are not subject to recovery.

Under direct actual damage understand a decrease in the employer's available assets or deterioration in condition 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 located on responsible storage). Separately, the Labor Code of the Russian Federation considers the employee’s obligation to compensate for material damage caused to the employer as a result of his compensation for harm to other persons. Such relationships, as a rule, arise among employers who own sources of increased danger. In this case, the damage caused to a third party is first compensated by the employer, and then the employee is presented recourse claim to recover expenses incurred by the employer. And if the employer is liable to third parties in accordance with civil law, then the employee is before the employer - in accordance with labor legislation. And this is not an infringement of the employer’s rights, since the employer is responsible for organizing the employee’s work, and he is obliged to control the labor process.