What is the employee responsible for? Punishment for violation of the Labor Code of the Russian Federation

Liability of the parties to the employment contract is expressed in the imposition by law on each party of the obligation to compensate for the damage caused to the other party by non-performance or improper performance of obligations arising from the employment contract.

Otherwise, material liability- compensation for damage caused in the performance of labor duties by one of the parties to the employment contract to the other party.

Liability is one of the ways to protect the property of the employer and employee. According to labor law, the liability of both the employee and the employer is one of the types as a sanction for a labor offense. She is different from liability according to civil law, the subjects of liability, its conditions, as well as the amount of compensation by the employee for damages, which in most cases are possible only within the limits of his average monthly earnings.

Employee for damage caused to production:

partially or fully compensates for the damage caused by the employee to production;
has an educational and disciplinary effect on the employee to comply with one of the main labor duties provided for in Art. 21 of the Labor Code of the Russian Federation, - a more careful attitude to the property of production;
the statutory rules for compensation by the worker for damage at the same time protect his wages from excessive and illegal deductions.

The meaning of liability employer for harm caused to an employee:

contributes to a more thorough observance by the employer, its administration of labor legislation on labor protection and labor contracts, and thus the observance of the employee's right to work and labor protection;
allows you to compensate not only material, but also moral damage caused to the employee.

In accordance with Art. 21 of the Labor Code of the Russian Federation, among the main duties of an employee, the obligation to take care of the property of the employer and other employees is established. According to Art. 22 of the Labor Code of the Russian Federation, the main obligation of the employer is the obligation to compensate for the harm caused to employees in connection with the performance of their labor duties, as well as to compensate for non-pecuniary damage.

In addition, relations for compensation for harm caused to the life and health of employees in connection with the performance of their labor duties are regulated by civil law (Articles 1084-1094 of the Civil Code of the Russian Federation).

Employment contract or concluded in writing agreements attached to it may specify the liability of the parties this agreement. A special written agreement is, first of all, an agreement on the full liability of the employee for damage caused to the employer. Can be specified:

objects or values to which the employee is directly related in the labor process;
the obligation of the employer to create conditions for the employee to preserve items, valuables;
ensuring the safety of the employee's property transferred to the employer, etc.

The contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than provided by law (Article 232 of the Labor Code of the Russian Federation).

Termination of an employment contract after causing damage does not entail the release of the party to the contract from liability under labor law. In this case, the issue of compensation is decided by agreement of the parties or by the court (Article 232 of the Labor Code of the Russian Federation).

The requirements of labor legislation on the liability of the parties to an employment contract apply to them regardless of the type of ownership, organizational and legal form of the employer, its departmental subordination, as well as the fact that the employer is a legal or individual unless otherwise provided for the reasons stated.

In accordance with Art. 233 of the Labor Code of the Russian Federation, the material liability of a party to an employment contract occurs for damage caused by it to the other party to the contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by law.

Each of the parties to the employment contract is obliged to prove the amount of damage caused to it, as well as the guilt of the damage cause and the causal relationship between the behavior of the damage cause and the consequences.

AT certain cases the tortfeasor must prove his innocence (for example, an employee who has entered into an agreement on full liability).

Employer liability

In case of violation by the employer of the established period, respectively, payments wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than 1/150 of the key rate of the Central Bank of the Russian Federation in force at that time on the amounts not paid on time for each day of delay starting from the next day after the due date of payment until the day of actual settlement inclusive. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time. The amount of compensation paid to the employee can be upgraded collective agreement, local normative act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of guilt employer.

Moral damage caused to the employee by unlawful actions or inaction of the employer is compensated to the employee in monetary form in amounts determined by agreement of the parties to the employment contract. Moral injury- these are physical and moral suffering (Article 151 of the Civil Code of the Russian Federation) of the victim of an accident (or his family in the event of the death of an employee). If the employer has not satisfied (or the employee believes that he has not fully satisfied) the employee's claim for compensation for moral damage, the employee can apply to the court, which determines the amount of compensation for moral damage.

In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

The employer compensates the employee for damages, caused by a source of increased danger, in full, unless he proves that the harm was caused as a result of force majeure or an employee, i.e. when even without his fault responsibility is possible. Without fault, the employer - the owner of the aircraft is liable to the crew members, unless he proves the intent of the victim. In other cases, the release of the employer from compensation for harm is possible if he proves that the harm was caused through no fault of his. The fault of the employer will always be if the injury occurred from the failure to provide them with healthy and safe conditions labor. Evidence of his guilt can serve both documents and the testimony of witnesses (accident report, which indicates his guilt, the conclusion of a technical inspector or other officials, medical opinion, court decision or sentence, etc.).

Occupational injury as damage to the health of an employee associated with the performance of his labor duties can occur both on the territory of production and outside it (if staying there in working time does not violate the rules of internal work schedule). For example, in a factory canteen in lunch break worker poisoned. As a rule, the cause of a work injury is a violation of safety regulations (for example, a faulty power saw injured an employee’s arm or an employee’s leg was broken due to an uneven floor surface in the workshop).

Occupational Illness does not arise suddenly (rarely in emergency cases, possibly from a one-time source of danger), but gradually, as a result of unfavorable external working conditions in this profession (excessive smoke, gas pollution, radiation, etc.) and as a result of failure to ensure proper sanitary and hygienic working conditions. Therefore, an occupational disease is always considered to be related to the fault of the employer (there are lists occupational diseases, which are guided by medical authorities, establishing the cause of the disease).

Possible mixed liability with mixed fault when the employee who grossly violated labor protection instructions is also to blame. With mixed fault, most of the blame (up to 70%) is assigned to the employer, who compensates for the damage through the Compulsory Social Insurance Fund against industrial accidents, i.e. the insurer to whom the victim addresses his application. But mixed liability does not apply to additional types of compensation for harm and a lump sum, as well as in the event of the death of the breadwinner.

The following types of compensation for harm to an employee in connection with damage to his health are possible:

compensation for lost earnings (or part of it), depending on the degree of loss of professional ability to work, i.e. ability to permanent work in their profession;
reimbursement of additional expenses in connection with a labor injury;
a one-time allowance in connection with a work-related injury;
compensation for moral damage.

The indicated types of compensation for harm to an employee, except for moral damages, are made not by employers from their own funds, but by the Social Insurance Fund, to which employers contribute insurance premiums for the workers. And so the very compensation for harm moved to the branch of law social security, since the employee (injured) applies for compensation to this Fund and only by order of this Fund can the employer pay these amounts on account of the contributions due from it. But in accordance with the specified Law, the employer compensates for moral damage from his own funds.

In addition to the administrative and criminal liability of the employer, there is also another, provided directly by the Labor Code of the Russian Federation. This is exactly what will be discussed in the article.

Administrative responsibility of the employer

Nevertheless, it is necessary to start with such an obvious administrative responsibility. The reason lies in the changes in the Code of Administrative Offenses of the previous year.

It does not make sense to list all the articles of the Code of Administrative Offenses for which the employer can be held liable, since there are quite a lot of them, but not all of them are specific in terms of labor law. But Art. 5.27 of the Code of Administrative Offenses, and since the beginning of 2015 also Art. 5.27.1 of the Code of Administrative Offenses relate specifically to labor relations. These articles have been changed.

As mentioned above, since the beginning of 2015 there have been fundamental changes in the area of administrative responsibility of the employer. Previously, there was only one article in the Code of Administrative Offenses, which included only two parts that could be applied to almost the entire Labor Code, since the first part had the general wording: “Violation of labor and labor protection legislation”, and the second spoke of increased responsibility for a repeat violation. This allowed the employer to be held liable in accordance with the totality of violations.

To date, firstly, the Code of Administrative Offenses has been supplemented with one more article directly for the employer - Art. 5.27.1 of the Code of Administrative Offenses, secondly, Art. 5.27. Administrative Code - now it has not two parts, but five. Those. The legislator split the article into different violations, which now allows employers to issue increased fines.

Employer liability

According to general rule Art. 232 of the Labor Code of the Russian Federation, a party to an employment contract (employer or employee) that caused damage to the other party is obliged to compensate for this damage in accordance with the Labor Code and other federal laws.

A prerequisite for the onset of liability is the guilty unlawful behavior (action or inaction) of the employer (Article 233 of the Labor Code of the Russian Federation). Also, the employer is responsible for damage caused to the property of the employee (Article 235 of the Labor Code of the Russian Federation). An exception, in particular, is established for the employer in Art. 236 of the Labor Code of the Russian Federation, which refers to the delay in payments to an employee. In such a situation, it does not matter why the payment is delayed. As for the material liability of the employer, the Labor Code does not establish cases for him to be released from it.

As part of the liability of the employer, the following can be distinguished:

liability for damage to the employee's property;
responsibility for depriving the employee of the opportunity to work.

Liability for damage to employee property

By virtue of Art. 235 of the Labor Code of the Russian Federation, an employer who has caused damage to an employee's property shall reimburse it in full. The amount of damage is calculated at market prices in force in the given area on the day of its compensation. With the consent of the employee, the damage may be compensated in kind.

In the event of damage, the employee must apply to the employer with a written application, which the employer is obliged to consider and make an appropriate decision within ten days from the date of receipt of the application. Calendar lines or working days are not indicated in this article, but practice suggests that the legislator meant calendar days.

It also does not hurt the employer to record the fact of damage, for example, draw up an act, reflecting what damage was caused to the employee, under what circumstances and by what persons. This act must also be signed by the employee so that in the future he does not say that the employer has not compensated for all the damage caused.

Responsibility for depriving an employee of the opportunity to work

In this situation, speech Tom goes that the employee lost his salary as a result of the actions of the employer. So, such actions will be declared illegal, and the employer will have to compensate the employee for the earnings he did not receive.

In Art. 234 of the Labor Code of the Russian Federation lists cases when the employer is obliged to compensate for the earnings not received by the employee.

Illegal suspension from work, or transfer to another job. Any dismissal of an employee on grounds not established by law is considered illegal. Also, a suspension will be recognized as illegal, the basis of which is established by law, but which is committed in violation of the suspension procedure, for example, there is no document - the basis for suspension ( medical report, an act on the presence of an employee at the workplace in a state of alcohol intoxication etc.), explanations of the employee, order to suspend.

The employee is also compensated for the difference in earnings in case of illegal transfer, for example, when the employer, in violation of the provisions of Art. 72 and Art. 73 of the Labor Code of the Russian Federation transfers an employee to another lower paying job without his consent. In addition, if the employee is illegally fired, and this is established by the court, the employer will also have to pay average earnings during the forced walk.

Refusal of the employer to execute or untimely execution of the decision of the review body labor disputes or the state legal labor inspector on the reinstatement of the employee in his previous job.

According to Art. 396 of the Labor Code of the Russian Federation, the decision to reinstate at work an illegally dismissed or illegally transferred to another job is subject to immediate execution. If the employer delays the execution of such a decision, the body that made the decision shall issue a ruling on payment to the employee for the entire time of the delay in the execution of the decision of the average earnings or the difference in earnings.

Delay by the employer of issuance to the employee work book, entering in the work book an incorrect or non-compliant wording of the reason for dismissal. We recall that according to Art. 84.1 of the Labor Code of the Russian Federation, must be issued to the employee on the day the employment contract is terminated.

Note: If the incorrect wording of the grounds and (or) reasons for dismissal in the work book prevented the employee from entering another job, then the court decides to pay him the average earnings for the entire time of forced absenteeism (Article 394 of the Labor Code of the Russian Federation). When recovering property damage this case There are some difficulties, because from the provisions of Art. 394 of the Labor Code of the Russian Federation it follows that lost earnings are reimbursed when the incorrect wording of the grounds and (or) reasons for dismissal in the work book prevented entry to another job. And guided by Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for lost earnings in all cases of delay in issuing a work book or making an incorrect entry in it. However, as it shows arbitrage practice, the courts are mainly guided by Art. 234 and collect lost earnings from the employer in the presence of only the fact of delay (see the Appeal ruling of the Rostov regional court dated May 7, 2015 in case No. 33-5965/2015, etc.).

If it is impossible to issue a work book on the day of dismissal due to the absence of the employee or his refusal to receive this document in his hands, the employer sends the employee a notice of the need to appear for work or agree to send it by mail. Sending a work book is allowed only with his consent. There are cases when an employee, even after notification, does not come for a work book. However, the employer should not worry about being held accountable, since from the date of sending the said notification, the employer is released from liability for the delay in issuing a work book to the employee.

Violation of the terms of payments to the employee

Recall what basic payments are made to the employee during employment and what terms are established by the Labor Code for their implementation.

Pay	Term	Labor Code of the Russian Federation
Wage	Every fortnight	Art. 136 Labor Code of the Russian Federation
Salary on the eve of the weekend or public holidays	On the eve of a holiday or weekend	Part 8 Art. 136 Labor Code of the Russian Federation
Vacation	Not later than three days before the start of the holiday	Part 9 of Art. 136 Labor Code of the Russian Federation
Retirement payouts	On the day of dismissal Excl.: if the employee was absent on the day of dismissal. Then the calculation is made no later than the next day after the employee presents the relevant requirement.	Art. 140 of the Labor Code of the Russian Federation
Paying sick leave	Within ten days from the date of presentation by the employee at the place of work of the sick leave, he must be assigned temporary disability benefits	Part 1 Art. 15 FZ dated December 29, 2006 No. 255-FZ On mandatory social insurance in case of temporary disability and in connection with motherhood

In case of violation by the employer of the established payment period Money due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate in force at that time Central Bank Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive.

The obligation to pay the specified monetary compensation arises regardless of the fault of the employer Art. 236 of the Labor Code of the Russian Federation.

Note: The accrual of interest due to late payment of earnings does not exclude the right of the employee to index the amounts of delayed wages due to their depreciation due to inflationary processes in a judicial proceeding (Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code Russian Federation").

Special attention deserves the right of an employee to suspend work in case of delay in the payment of wages to him. If the period of such a delay is more than 15 days, the employee has the right to suspend work for the entire period until the debt is paid, which he must notify the employer in writing (Article 142 of the Labor Code of the Russian Federation). During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours.

And here the question arises: can the employee recover material damage in the amount of average earnings during the suspension? After all, the fact of suspension of work is not attributed by labor legislation to cases in which the employee retains average earnings. However, when considering such claims, the courts indicate: since such a measure as the suspension of work is of a forced nature and is a form of self-defense of the employee’s right to a fair wage, the suspension itself does not relieve the employer from the obligation to pay the employee a salary for the entire period of non-fulfillment of labor duties by him due to payment delay.

At the same time, since the Labor Code does not specifically provide otherwise, the employee has the right to maintain average earnings for the entire time of delay in its payment, including the period of suspension of his employment duties (see the Ruling of the Novosibirsk Regional Court dated April 16, 2015 in case N 33-3085 / 2015).

Compensation for moral damage

Often, when applying to the court with a claim regarding any illegal actions (inaction) of the employer, the employee claims compensation for moral damage. And if the actions (inaction) of the employer are recognized by the court as illegal, appropriate compensation is always collected in favor of the employee. At the same time, the amount of compensation for moral damage is determined by the court based on the specific circumstances of each case, taking into account the volume and nature of the moral or physical suffering caused to the employee, the degree of guilt of the employer, the requirements of reasonableness and justice (clause 63 of Decree No. 2, article 237 of the Labor Code of the Russian Federation).

Note: In accordance with paragraph 3 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 No. 10 “Some issues of the application of legislation on compensation for moral damage”, one of the mandatory conditions for the appointment of compensation for moral damage by the court is the fault of the employer. But there are exceptions, for example, when harm is caused to the life or health of an employee by a source of increased danger.

Criminal liability

For the most gross violations of labor legislation, criminal liability occurs (Article 143, Article 145 and Article 145.1 of the Criminal Code of the Russian Federation). However, only a court can bring an employee to criminal liability.

The labor inspectorate and the courts were more often on the side of the employer, but now the situation is also aggravated by the increased responsibility of the employer in the Code of Administrative Offenses. Responsibility under the Labor Code of the Russian Federation remained the same, but you should not forget about it either, since it will be applied on a par with the application of the articles of the Code of Administrative Offenses.

Introduction 3

1. The concept of liability of the parties to the employment contract, the grounds and conditions for its occurrence 4

2. Liability of an employee: concept, types, procedure for attracting 7

3. Liability of the employer 12

Conclusion 16

References 17

Introduction

The basis of any society is labor activity of people. Labor is a condition of human existence, independent of any social forms, and constitutes its eternal natural necessity.

The social organization of labor, which combines material (objective) and volitional (subjective) relations, on the one hand, is influenced by technical means of labor, and on the other hand, is influenced by various forms of social consciousness (politics, morality, law, aesthetics, etc.). ).

The need for legal regulation of the organization of labor is due to the needs of social production and the entire course of its historical development. Normative regulation is the most effective and technical way to organize numerous and diverse public relations, ensure their stability and execution, and overcome arbitrariness in relations between people.

Issues of responsibility of employees and employers are most thoroughly developed in labor law.

The subjects of labor relations are in an unequal position in relation to each other. The worker is the economically weaker side employment relationship. He is in a more dependent position on the employer than the employer on him. Such inequality of the subjects of an employment relationship causes significant differences in the legal regulation of the liability of the employer to the employee and the employee to the employer. They relate to determining the amount of damages to be compensated, the procedure and limits of compensation, the nature legal regulations governing liability.

This paper assumes the study of the liability of the parties to the employment contract, its grounds, types, procedure for attracting and differences in the material liability of the employee and the employer.

1. The concept of liability of the parties to the employment contract, the grounds and conditions for its occurrence

Material liability in labor law is a legal obligation of one of the parties to an employment relationship to compensate for the damage caused by illegal guilty actions to the other party in the amount and in the manner prescribed by law.

In Article 232 of the Labor Code of the Russian Federation, first of all, it is said about the obligation of a party to an employment contract to compensate for the damage caused by it to the other party in accordance with the Labor Code of the Russian Federation and other federal laws. This follows from Art. 1 of the Labor Code of the Russian Federation, which considers the liability of employers and employees as a special type of relationship, the legal regulation of which, in accordance with Art. 6 of the Labor Code of the Russian Federation is referred to the competence of federal government bodies.

The obligation of a party to an employment contract to compensate for the damage caused by it to the other party to this contract begins from the date of its occurrence, regardless of whether the employee is brought to disciplinary, administrative or criminal liability for this damage (Article 248 of the Labor Code of the Russian Federation), and the employer - to administrative liability.

An employment contract or written agreements attached to it 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 is provided for by the Code or other federal laws.

This means, for example, that in a contractual manner it is impossible to impose on an employee full financial responsibility for a car, machine tool and other equipment that is serviced by him. Such liability is governed by the relevant norms of the Code (Articles 244, 245 of the Labor Code of the Russian Federation), which are not subject to broad interpretation. On the other hand, practice follows the path of establishing in a contractual manner additional compensation by the employer for harm caused to the health of an employee in connection with the performance of his labor duties. This approach is in line with Art. 9 of the Labor Code of the Russian Federation, which states that it is impossible to reduce the level of rights and guarantees of employees established by labor legislation in a contractual manner. For an exception to this rule, see Art. 243 and 277 of the Labor Code of the Russian Federation.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from material liability provided for by the Code or other federal laws.

The Code of Administrative Offenses of the Russian Federation (Article 4.1) provides that the imposition of an administrative penalty does not relieve a person from the performance of the obligation for which the penalty was imposed. This rule is important for the liability of the employer brought to administrative responsibility for offenses in the sphere of labor. At the same time, the Labor Code of the Russian Federation (Article 243) strengthens the liability of an employee for damage caused by a crime or administrative offense.

It seems possible to identify some general features that characterize the liability of the parties to the employment contract - the employer and the employee:

The emergence of bilateral liability due to the existence of an employment contract;

Only the parties to the contract are the subjects of liability;

Liability arises when breach of duty under an employment contract;

Each party is only liable for culpable breaches of duty if this caused damage to the other party;

The possibility of compensation for damage on a voluntary basis.

Consider the grounds for which liability arises. They are listed in Art. 233 of the Labor Code of the Russian Federation:

a) the presence of property damage to the injured party. This is a necessary condition for liability. Since the latter is impossible without damage. Each of the parties is obliged to prove the amount of damage caused to it.

b) wrongfulness of behavior (action or inaction). This means committing them contrary to the law, other regulatory legal acts, as well as the terms of the employment contract. As well as violation of the obligations assigned to the party of the employment contract by the relevant legal norms. The main duties of an employee are provided for by the Labor Code of the Russian Federation in Article 21, they may be assigned to him by the internal regulations, the employment contract, and the instructions of the employer.

c) guilt. It is possible in the form of intent, which is extremely rare in labor relations, and through negligence. Either form is sufficient to impose liability, but the amount of damages recoverable depends on whether the fault is willful or negligent.

d) Causality. It means that the damage did not occur by chance, it was the result of specific actions of one or the other party to the employment contract. Liability does not come for accidental consequences. The causal relationship is established by the court, based on the evidence presented by the parties.

Liability under labor law is similar to property liability under civil law. These types of liability are based on the obligation to compensate for the damage caused. At the same time, there are very significant differences due to the specifics of the subject and method of these industries, as well as their official role. By labor law only direct damage is subject to compensation, in civil cases, in addition to compensation for losses, lost profits are also subject to compensation.

2. Liability of an employee: concept, types, procedure for attracting

In accordance with Article 238 of the Labor Code of the Russian Federation, an employee is obliged to compensate the employer for the direct actual damage caused to him, which means a real decrease in the employer's cash property or deterioration of his condition. This property also includes the property of 3 persons, if the employer is responsible for its safety.

Also, direct damages include the costs or excess payments of the employer for the acquisition or restoration of property.

Excessive payments may be penalties paid by the employer for failure to fulfill contractual obligations with business entities. Equally, they include wages paid to an employee during his unlawful deprivation of the opportunity to work (Article 234 of the Labor Code of the Russian Federation), as well as amounts paid to an employee for delaying the payment of wages (Article 236 of the Labor Code of the Russian Federation) and compensation for moral damage caused to him (Article 237 of the Labor Code of the Russian Federation).

Unreceived income (lost profit) is not subject to recovery from the employee within the framework of labor legislation. Compensation by an employee for lost profits is possible only within the framework of civil law.

The employee is liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons. This approach can be called the "regression approach".

The Labor Code of the Russian Federation provides for cases when an employee is released from liability, although the damage was caused:

The damage was the result of force majeure

The occurrence of damage due to normal economic risk

Damage caused due to extreme necessity or necessary defense

The damage occurred due to the employer's failure to fulfill its obligations to ensure proper storage conditions for the property entrusted to the employee.

Of particular importance is the provision excluding the material liability of the employee for damage resulting from the execution of an order or instruction. Responsibility for causing such harm lies with the person who gave the unlawful order or instruction. However, an employee who caused damage intentionally in pursuance of a knowingly illegal order or instruction is liable on a general basis.

Bringing an employee to liability is a right, not an obligation of an employee. By virtue of Art. 240 of the Labor Code of the Russian Federation, the employer has the right to fully or partially refuse to recover damages from the guilty employee.

Labor legislation provides for 2 types of liability:

1. Limited liability.

As a general rule, an employee who has caused damage to the employer's property bears limited liability - within the limits not exceeding his average monthly earnings.

The Labor Code of the Russian Federation includes an article (139) devoted to the calculation of the average wage. It says that a single procedure is established for all cases of determining the size of the average wage provided for by the Labor Code of the Russian Federation. The features of the established procedure for calculating the average wage are determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

2. Full liability.

The employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 239. Circumstances excluding material liability of an employee

The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

Article 240

The employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the property of the organization may restrict the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents organizations.

(in ed. federal law dated 30.06.2006 N 90-FZ)

Article 241. Limits of material liability of an employee

For the damage caused, the employee shall be liable within the limits of his average monthly earnings, unless otherwise provided by this Code or other federal laws.

Article 242. Full liability of an employee

The full liability of the employee consists in his obligation to compensate the direct actual damage caused to the employer in full.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Liability in the full amount of the damage caused may be imposed on the employee only in cases provided for by this Code or other federal laws.

Employees under the age of eighteen bear full financial responsibility only for the intentional infliction of damage, for damage caused in a state of alcoholic, narcotic or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 243. Cases of full liability

Liability in the full amount of the damage caused is assigned to the employee in the following cases:

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

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) infliction of damage in a state of alcoholic, narcotic or other toxic intoxication;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 (state, official, commercial or other), in cases provided for by federal laws;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

Liability in the full amount of the damage caused to the employer can be established by an employment contract concluded with the deputies of the head of the organization, the chief accountant.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 244. Written agreements on the full liability of employees

Written agreements on full individual or collective (team) liability (clause 2 of part one of Article 243 of this Code), that is, on compensation to the employer for damage caused in full for the lack of property entrusted to employees, may be concluded with employees who have reached the age of eighteen years and directly serving or using monetary, commodity values or other property.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Lists of works and categories of employees with whom said contracts, as well as standard forms of these contracts are approved in the manner established by the Government of the Russian Federation.

Article 245

When jointly performed by employees certain types 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, a collective (team) may be introduced material liability.

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, 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 recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.

Article 246. Determining the amount of damage caused

The amount of damage caused to the employer in the event of loss or damage to property is determined by actual losses calculated on the basis of market prices operating in the area on the day of the damage, but not lower than the value of the property according to accounting taking into account the degree of wear and tear of this property.

The federal law may establish a special procedure for determining the amount of damage to be compensated caused to the employer by theft, deliberate 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.

Article 247

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.

Requesting a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, an appropriate act is drawn up.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and appeal against them in the manner prescribed by this Code.

Article 248. Procedure for recovery of damage

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 recovery can only be carried out by the court.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 the event of the 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 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 damages is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or inaction that caused damage to the employer.

Article 249. Reimbursement of expenses associated with employee training

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In the event of dismissal without good reasons before the expiration of the period stipulated by the employment contract or training agreement 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 not worked after the end of training, unless otherwise provided by the employment contract or training agreement.

Article 250

The labor dispute body may, taking into account the degree and form of fault, financial situation employee and other circumstances to reduce the amount of damage to be recovered from the employee.

Reduction of the amount of damage to be recovered from the employee is not carried out if the damage was caused by a crime committed for mercenary purposes.

Relations in the sphere of labor between the employer and the employee are regulated by an employment contract, the conclusion of which occurs at the time of hiring a person. In relations of this nature, a situation often arises when one party, which is a signatory to the contract, causes some harm to the other.

With this in mind, the parties to the contract must agree on all issues related to liability that arises as a result of unlawful acts, even at the stage of signing an employment contract. This will help decide the majority conflict situations without resorting to litigation.

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The types of liability according to the employment contract depend on the misconduct committed and the amount of damage caused through the fault of one of the parties. In the event of a violation, disciplinary, civil, administrative, criminal and material liability may be applied. At the same time, the scheme and combination of punishments within the framework of legislative norms can be used very differently.

Definition of concepts

Before concluding a contract, the employer and employee are advised to familiarize themselves with the following concepts:

labor contract;
compensation for damages;
existing types of liability.

An employment contract is an agreement drawn up in writing, which specifies the obligations of the parties, their rights, conditions that precede employment and other points. Today this document in without fail is between the employer and employees. Russian legislation does not provide for alternative ways labor relations.

The concept of liability can often be found in employment contracts. This term implies the need to compensate for damage caused by improper performance of duties.

Types of liability usually imply a classification according to the areas of labor relations, the method of compensation for damage depends on such a classification.

Violation of labor law

One of the parties to the contract will be liable if it commits an unlawful act or inaction, which led to the fact that the other party suffered damage.

In this case, the injured party will have to prove that she suffered material damage. Liability will not come only if it is provided for by labor legislation, while the contract was concluded in violation of legal provisions.

Violations committed by the manager and employees are subject to compensation in monetary terms. For example, infliction of moral damage involves the payment of monetary compensation. Its size is determined by a written agreement between the parties, or by way of a trial.

If an employee committed violations that affect the interests of the company and led to damage, such damage must be compensated, regardless of whether other types of penalties were applied, for example, a fine was imposed or criminal penalties were imposed.

Article 277 of the Labor Code of Russia establishes that the employer must also bear full responsibility.

Requirements for the parties

Chapter 11 of the Labor Code of Russia contains a number of requirements that are put forward to the parties to the labor contract.

One of the requirements concerns the age of the worker:

The agreement can be concluded with persons who are 16 years old.
From the age of 15, it is allowed to sign an agreement with persons who have received a general education, or those who have left a general education institution in accordance with federal law.
A contract with a child of 14 years old can be concluded with the consent of the parents or guardians of the child to perform easy work, which does not pose any threat to life and health and will not interfere with the learning process, that is, a young person can work in his free time from study.
Until the age of 14, an employment contract is signed to ensure the participation of the child in the creation of works or their performance (performance in a circus, theater, etc.). This is possible with consent. official representatives young worker. Required condition- labor activity cannot harm the physical condition or moral development of the child.

An individual who has reached the age of majority and has full civil capacity can act as an employer. There are cases when an employer becomes a person who is under 18 years old, but who has acquired full legal capacity in accordance with the provisions of Article 20 of the Russian Labor Code.

Types of responsibility according to the employment contract

Labor legislation considers in detail the issue that concerns the mutual responsibility of the employer and his employees. There is a special section in the standard form of the contract, in which, by agreement of the parties, conditions are prescribed for the occurrence of certain types of liability that do not contradict the provisions enshrined in the Labor Code.

The most characteristic types of liability for labor law are material and disciplinary liability. To an employee who did not comply labor obligations that were assigned to him by the employer, disciplinary measures are applied. If any of the parties to the contract is damaged, there is liability.

Material

Thus, the types of liability according to the employment contract include material liability.

There are the following varieties:

employee responsibility (individual and collective);
the responsibility of the employer;
complete;
limited.

Article 232 of the Russian Labor Code provides mutual responsibility sides in front of each other, which occurs when performing official duties. For example, an employee who is financially responsible, whose actions or omissions caused the company to suffer losses, must compensate them.

This rule also applies to an employer who is guilty of the following acts:

illegal deprivation of the employee of the opportunity to work, which caused him material damage. This may result from illegal suspension from work, unjustified transfer or dismissal, etc.;
damage to employee property;
delayed wages and other legal payments;
moral damage caused by illegal actions, for example, discrimination, illegal translation, etc.

The employer always bears full financial responsibility to his employees, as for the employee, this is possible if an appropriate contract is concluded with a person or we are talking about the case provided for in Article 243 of the Labor Code of Russia.

Full liability threatens the employee who caused the damage:

being in a state of alcohol or drug intoxication;
intentionally;
when he was not in the performance of his official duties;
the damage was the result of a committed administrative offense or a consequence of criminal acts.

Full material liability threatens an employee who divulged state secrets or is guilty of a shortage of valuables entrusted to a person.

employer

According to the provisions of Article 38 of the Labor Code of Russia, all employers to employees are liable if they evade payment of wages and other due payments cause damage to property or prevent a person from fully working.

Article 234 of the Labor Code provides a complete list of violations that lead to this kind of liability, and article 38 provides for the appropriate amount of compensation that the employee should receive as a result:

If it is impossible to perform direct duties due to illegal removal from the workplace or suspension from work, the employee is entitled to compensation in the amount of the salary for each month of forced absenteeism. Compensation in the same amount will be paid by the employer if he refuses to reinstate a person at work, despite the existence of a relevant court decision. The untimely issuance of a work book or its incorrect filling out will lead to the responsibility of the manager, since these circumstances prevent a person from looking for a new job.
Property damage includes damage to an employee's clothing that occurred at the workplace, or the loss of a person's wardrobe items that were stored in a specially designated place. The same applies to any personal items. The employer is obliged to compensate the full cost of the lost item. The payment is made on the basis of the employee's application, for consideration of which 10 days are allotted.
An employer can inflict moral damage on an employee by committing acts of an unlawful nature. For example, transfer to another position. The size compensation payment in this case is determined by the provisions of the employment contract. Compensation is subject to damage that does not concern the property of the employee.
As a result late payment wages and other payments due to the employee, a person is entitled not only to his earnings, but also to compensation for each day of the delay, the amount of which is 1/300 of the rate established by the Central Bank of Russia. It does not matter whether the employer is at fault for the delay or not. The amount of payment may be increased if such is provided for by the collective agreement.

hired worker

Liability in accordance with Article 238 of the Labor Code will without fail overtake an employee who harmed the employer. Bringing to any other kind of liability does not exclude bringing to this species responsibility.

What actions can lead to liability:

With individuals who have been entrusted with material values that are the property of a team or employer on a temporary or permanent basis, a contract is concluded on individual or collective responsibility. Employees who signed such a document must fully compensate for the damage in case of loss of entrusted values.
Damage to property while intoxicated leads to the fact that the employee must fully compensate for the damage. In addition, he is threatened with an administrative penalty or criminal prosecution if valuables on a large scale were lost or other employees of the company were injured. Such a violation must be proven, for this purpose a medical examination is carried out.
When committing criminal acts, the basis for material liability is a decision taken in court. The employer loses the right to pecuniary penalty if the investigation of the case was terminated or the employee was acquitted.
In case of offenses of an administrative nature, the fault of the employee must be fully proven, and the relevant body must make a decision on the imposition of an administrative penalty. Full responsibility is not assumed if the violation was recognized as insignificant or the employee was acquitted. Also important is the statute of limitations.
An employment contract imposes an obligation on some employees to keep certain data. In this case, official information cannot be freely transferred to third persons. The list of classified data is communicated to employees in writing. After reading them, the person signs the document. In the absence of such a paper, the employer has no right to make claims against the employee. Information that threatens the security of the country, as well as personal data of citizens, cannot be disclosed. It is possible to recover from an employee only the amount that compensates for the damage actually caused. There is no provision for reimbursement of possible benefits that have not been received.
In the event of damage to property related to the performance of official duties, the employee will be fully responsible, regardless of whether it happened at the workplace or in non-working time. For example, an employee used a company car that was damaged for his own purposes. In such a situation, it is assumed that the cost of the repair will be reimbursed in full.

Legal

One of the types of legal liability that is imposed on a person who has committed a labor offense is liability for violation of labor laws.

In addition to material, there are 4 more types of responsibility:

civil law;
administrative;
criminal.

The first type of liability arises as a result of a disciplinary offense - non-fulfillment or poor-quality fulfillment by an employee of labor obligations through his own fault. In this case, a person may receive a reprimand or remark from the employer or be fired. If within a year after the committed offense a person is not subject to a new penalty, the previous one will be automatically removed from him.

Legal civil liability applies for violation of civil rights and failure to fulfill obligations. It is based on the application of civil law sanctions, which as a result leads to unfavorable material consequences.

In case of administrative responsibility, non-observance of rights and obligations leads to the imposition of administrative sanctions on the person who committed the offense. Such punishment is expected for crimes that do not pose a danger to society.