What types of material liability are applied in production.

Engineering systems 26.09.2019

Engineering systems

The material responsibility of workers is the type of legal responsibility, consisting of the employee's responsibility to compensate the damage caused to the enterprise, the institution, the organization as a result of the guilty non-performance of labor duties.

The application of material responsibility is possible only in the presence of a combination of such conditions (the composition of the disciplinary offense):

1) the presence of property damage. Dogs are understood only to a real decrease in the property of the enterprise, institution, organization or reducing its value. The employee is not responsible for the beneficial benefits (the involvement of the expected income);

2) the unlawful behavior of the employee;

3) the causal relationship between the illegal act and the damage caused;

4) Wines of an employee in the form of intent or negligence. Responsibility is excluded if the damage arose as a result of factors that do not depend on the employee.

There are two types of material responsibility of workers:

1) Limited material responsibility. The volume of responsibility in this case is valid damage, but not more average monthly earnings of the employee. For example, the negligence secretary of the referent has failed. The cost of repairs amounted to 150 hryvnia. If the secretary's earnings are higher than this amount, the damage will be completely charged, if the damage is partially charged;

2) Full material responsibility. In this case, the employee reimburses the employer all the damage caused to them regardless of the size of the wage received by them. Full material responsibility applies only in cases directly indicated by the law when:

A written agreement was concluded between the employee and the employer on the assistance of full material liability for the absence of the safety of the property transferred to it;

The property was obtained by an employee for a report on a one-time document (for example, service travel expenses);

Damage caused by criminal (criminalized) actions of the employee;

Damage caused by an employee who was drunk;

The damage is caused by the shortage, intentional destruction or a damage of the property issued to the employee;

By law, the employee entrusted with complete material responsibility for damage in the performance of labor duties;

Damage is not caused in the performance of labor duties;

The official is guilty of illegal dismissal or employee translation to another job.

There are two options for applying material responsibility: by order of the owner of the enterprise, institution, organization and in court.

The concept and types of material liability in labor law

Material responsibility is the responsibility of compensation for damage.

What types of material liability are planned by labor legislation? You can allocate several types of material responsibility of the parties to the employment contract.

First, material responsibility varies on persons who caused damage to the other side:

the material responsibility of the employer;
material responsibility of the employee.

Both, and the other party are obliged to reimburse the damage caused in accordance with the Labor Code of the Russian Federation and other federal laws (part 1 of Art. 232 of the Labor Code of the Russian Federation).

It is important to take into account that the factuality of the employer provided for in the labor contract or other agreements cannot be lower, and the employee in front of the employer is higher than those provided for by the Labor Code of the Russian Federation or other federal laws (part 2 of Article 232 of the Labor Code of the Russian Federation).

The termination of the employment contract does not exempt the direction from the obligation to reimburse the damage caused by the other party of the employment contract (Part 3 of Art. 232 of the Labor Code of the Russian Federation).

Secondly, material responsibility may vary for the reasons for its occurrence. We present some types of material liability of the employer. So, for example, the material responsibility of the employer may arise as a result:

illegal deprivation of an employee of the opportunity to work (Art. 234 of the Labor Code of the Russian Federation);
causing damage to the property of the employee (Art. 235 of the Labor Code of the Russian Federation);
delays in payments and other amounts due to the employee (Art. 236 of the Labor Code of the Russian Federation);
causing moral damage (Art. 237 of the Labor Code of the Russian Federation).

Thirdly, material responsibility can be complete and limited.

As a general rule, for damage caused to the employer, the employee carries substantivities within its middle monthly earnings (Art. 241 of the Labor Code of the Russian Federation). But in some cases, direct valid damage should be reimbursed in full.

At the same time, when it comes to complete damages, distinguish such types of employee's material responsibility in front of the employer as:

full individual material responsibility;
complete collective (brigade) material responsibility.

The specified list characterizes the types and limits of the material liability of the employee before the employer.

Full employee liability

Full material factors can be installed far from always. The TC RF states that in the full amount caused damage is reimbursed by the employee in the following cases (Art. 243 of the Labor Code of the Russian Federation):

causing damage in the execution by an employee of labor duties, when complete material responsibility for such employees is provided for by the Labor Code of the Russian Federation, other federal laws;
with lack of values, entrusted to the employee on the basis of a written agreement on full material liability or obtained by him in a one-time document;
in case of intentional causing damage;
causing damage in a state of alcoholic, narcotic or other toxic intoxication;
when the damage caused by the criminal actions of the employee established by the verdict of the court;
if the damage caused by the administrative misconduct, which is established by the corresponding state body;
with the disclosure of information constituting the secrecy protected by law (state, official, commercial or other);
in the event of damage not in the execution of employment duties.

Material responsibility in the full amount of damage caused to the employer can be established by the employment contract for the organization's chief of organization and the chief accountant.

It should be borne in mind that written contracts for a complete compensation by the employee of the shortage of values \u200b\u200bentrusted to him may not be with all employees. Contracts on full individual or collective (brigade) liability can only be concluded with employees who have reached the age of 18 years and directly serving or using monetary, commodity values \u200b\u200bor other property. At the same time, the lists of the works and categories of workers with whom these treaties may be provided should be provided for by the Decree of the Ministry of Labor of December 31, 2002 No. 85 (there are named, in particular, cashiers, commsion, provisions).

Material responsibility is one of the main legal terms, which denotes the legal obligation of the perpetrators of the property damage to compensate him to the affected person. The size and procedure for compensation for harm is governed by labor legislation. This type of commitment is a response of one side of the business relationship to disturbances.

The material responsibility of the parties to the labor relationship has its own distinctive features.

First, it is always wearing a personal character. This means that the employee must refund the damage caused to them. This also applies to minor employees with whom it was concluded.
Secondly, the duty of harm compensation occurs only after the establishment of the fault of the person himself is directly. Proving the presence of an offense must owner owner.
Thirdly, when establishing the fault of the employee, the limit of responsibility correlates with its wage. The amount of payments for compensation for damage should not exceed the average monthly income of the person.
Fourthly, such a type of liability threatens only for valid property damage. To oblige an employee to pay payments for non-compliance with the plans and incomplete income is impossible.
Finally, with the fault of several employees at once, the size of payments must be distributed, taking into account the degree of guilt of each of them. This phenomenon is called shared responsibility.

If you want to learn more about the state. Orders and positions, go. We provide an analysis of the legislation of the Russian Federation on this topic. Talking about the concept of material responsibility, we turn to the species.

There is a given term. On the subject you can allocate the obligation of the employee and the employer.

And in terms of cash payments, it includes:

. The person must reimburse the property damage to the fulfillment. This type of commitment often arises with intentional causing harm, in violation in a state of alcohol or drug intoxication, or when disclosed by the corporate mystery protected by law. About such a contract read.
. The amount of payments in this case should not exceed the monthly income of the person (in accordance with Article 241 of Labor Law). This type of responsibility is the most common.

Conditions of occurrence

The presence of valid property damage.
The wizers of the intruder (one of the parties of labor relations) is proven.
The exact amount of damage and the amount of payments are defined.
Circumstances that could free the violator from responsibility are absent.

Briefly about the mat. Responsibility of the parties to an employment relationship:

Knowing what material responsibility is worth dealing with those cases when it does not apply. There are some circumstances that exempt the employee from the obligation to reimburse them harm. The first of them is property damage due to force majeure. These include natural disasters (flood, earthquake), man-made circumstance (accident in the enterprise, fire) or public disasters (terrorist attack, war, armed attack, etc.).

Second circumstance - normal economic risk. The criteria for this concept can be interpreted in different ways. If the employee put all the efforts and accuracy towards property, fulfilled all the instructions assigned to him if the damage was brought for the benefit of the health and life of people or the goal could not be achieved by another way, then removed.

Third circumstance - causing harm in conditions of extreme necessity. This item can be attributed to self-defense, which caused property damage to the investigation.

And the last circumstance is non-fulfillment by the employer of its duties.. If the bosses were allowed to violate the storage of property and its storage conditions, the employee is not responsible for the damage caused.

In almost any organization there is a special system of promotions and criteria for evaluating the results of employees. The help of such systems is the basic principle of material responsibility. It lies in the fact that every employee who has a direct attitude towards property is responsible for the results of work. Enterprises are quoted 2 forms of organization of this type of responsibility: and collective.

The most common is 1 form. It means that the employee who is responsible for the property of the organization:

must pay damages caused by certain goods. About such a contract we wrote. It is the responsibility of not one person, but groups of materially responsible persons (this type).

As for, for them, the principle of this type of obligations is expressed in a system of fines and recovery for non-compliance with tax legislation.

Timing

The bosses can attract an employee to liability for causing property harm within one year after discovering a violation. If the employee refuses to reimburse the actual damage caused by them, it is possible to attract it to such obligations in court.

With the agreement of both parties on labor law, the payment may be carried out. The employee is obliged to provide the supervision of the document in which it indicates the exact duration of the debt repayment.

purpose

Allocate two main objectives of this type of liability. Firstly, attracting the material responsibility of an official significantly reduces the number of violationswho entail the emergence of property damage.

Secondly, labor legislation clearly indicates the conditions for this type of responsibility, its species, special order and principle. It helps to protect the employee's salary from illegal and unreasonable recovery from the employer.

Limits

According to Article 241 of the Labor Code of the Russian Federation, the size of monthly payments for causing property damage should not exceed the average income of the employee. This is the main limit of material responsibility.

Employer's right to failure to recover the damage from the employee

The employer, under Article 240 of the Labor Code of the Russian Federation, may refuse to recover damage for harm to the employee. For this, he must refer to certain circumstances. Instead of recovery of debt in full or partial size, the employer can apply disciplinary recovery to the employee.

This article was supplemented. The owner of the property can reject the desire of the employer and force the violator to reimburse the damage.

Legal entities who are directly related to property also have some obligations. For example, an employer who did not follow the rules for the storage and exploitation of goods should compensate the owner all caused damage.

So, material responsibility - term, without which it is impossible to submit the labor law. Responsibility to compensate the caused property damage can be overlapped both physical and legal entities.

The amount of monthly payments, the procedure for recovery, types of responsibility are governed by labor legislation. Any disheavage is illegal.

The main purpose of this type of responsibility in production is to reimburse damage. Any accommodation measures should be carried out either on a voluntary basis or in court.

Material responsibility is a type of legal liability, the essence of which is that the guilty party is obliged to compensate the other party to the property damage caused by it as a result of non-fulfillment or improper performance of labor duties.

It implies a compensation by the guilty face of complete property damage. Material responsibility can be attracted both the employer and the employee.

In accordance with Article 37 of the Constitution of the Russian Federation, labor is free. Everyone has the right to independently use his abilities to work, both physical and intellectual.

The legislation provides for different legal forms of labor organization, but primarily implies the conclusion of an employment contract. Because of this, it should be said about the differences in two types of responsibility: the material responsibility of the employee and the employer.

The employee is obliged to refund the employer to him directly valid damage. Didnote incomes, i.e. The missed benefit, the recovery from the employee is not subject to the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (ed. dated July 21, 2007).

This provision legislator has consolidated, ensuring the protection of the employee as the least weak and economically unprotected side of the employment contract. Labor legislation does not disclose the concept of damage. When considering this issue, it is necessary to be guided by the provisions of the Civil Code of the Russian Federation, which determines that the real damage caused by the employee to the employer is the costs that a person whose right is broken, produced or should produce to restore the violated right in the loss or damage to his property Civil Code Of the Russian Federation (part of the first) of 30.11.1994 N 51-FZ (ed. From 26.06.2007)

The Labor Code of the Russian Federation gives the definition of the concept of "actual damage", under which the legislator understands the actual decrease in the cash supply of the employer or the deterioration of the state of the specified property (including the property of third parties from the employer, if the employer is responsible for the safety of this property), as well as the need For the employer, it costs or unnecessary payments for the acquisition, the restoration of property or to reimburse the damage caused to the employee to third parties.

So, the employee carries material responsibility:

for direct valid damage directly to the employer;

for damage arising from the employer as a result of compensation for damage to other persons.

If it is proved that the damage was caused by the fault of several employees or an employee and other persons who are not in labor relations with the organization that damage caused, they may be subject to solidarity responsibility. However, it should be borne in mind that such responsibility may be assigned to them only if the court decision it is established that the damage is caused by their joint intentional actions.

Article 239 of the Labor Code of the Russian Federation provides cases that exclude the material responsibility of the employee. Such cases include the emergence of damage due to irresistible forces, normal economic risks, of the need or necessary defense. Also, the law suggests that the employee is exempt from the material responsibility that occurred due to the damage to them by the property of the employer, if the employer did not fulfill the duties to ensure appropriate conditions for storing property entrusted to the employee.

Failure to pay the employer to ensure appropriate conditions for the storage of property entrusted to the employee can serve as a basis for refusing to satisfy the employer's claims, if it was the cause of damage to the application by the courts of legislation regulating the material responsibility of employees for damage caused by the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation from 11/16/2006 N 52.

It is possible to give an example when the fault of enterprises managers did not create the necessary conditions that ensure the safety of funds during their storage and transportation. In this case, the cashier of responsibility does not bear and it is fully shifted to the employer (paragraph 29 of the procedure for conducting cash transactions, approved by the decision of the Board of Directors of the Bank of Russia from 09/22/1993 No. 40)

Employees can be concluded agreement on full liability. This is due either with the characteristics of the employer, or with the precautionary of the employer, since the situation is not uncommon when, in the process of the company, enterprises can harm the property of this enterprise, for example, to fail the office equipment. The company, in general, can cover damage from its own funds, but it has the right to demand that the relevant expenses aimed at compensation for damage suffered a guilty employee or a team of workers.

Material responsibility based on a total liability agreement can be two types:

1) individual material responsibility;

2) Collective material responsibility.

Material responsibility in the full amount of damage caused to the employer can be established by the employment contract concluded with the head of the organization, deputy heads, chief accountant.

It is important to develop a system for controlling the organization of workers, especially if these are financially responsible persons. This system in the future should provide for the procedure for appointing responsible persons for a specific property, legal registration of this responsibility and its reflection in accounting.

The Labor Code of the Russian Federation provides for cases of full responsibility of workers. So, in accordance with Article 243 of the Labor Code of the Russian Federation, material responsibility in the full amount of damage caused to the employee in the following cases:

1) when, in accordance with the provisions of the Labor Code of the Russian Federation or other federal laws, the employee entrusted with material liability in full, due to the damage caused to the employer in the execution of employment duties;

2) shortage of values \u200b\u200bentrusted to him on the basis of a special written contract or their received on a one-time document;

3) intentional causing damage;

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

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

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

7) disclosure of information constituting the secret law (state, official, commercial or other) law in cases provided for by federal laws;

8) causing damage not when executing a worker of labor duties.

Plenum of the Supreme Court of the Russian Federation in his decision "On the application by the courts of legislation regulating the material responsibility of employees for damage to the employer" on the application by the courts of legislation regulating the material responsibility of employees for damage caused by the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 N 52. I clarified that the courts should be borne in mind that due to Part 2 of Article 243 of the Labor Code, material liability may be fully entrusted to the Deputy Head of the Organization or on the Chief Accountant, provided that this is established by the employment contract. If the employment contract is not provided that these persons in the event of damage caused material responsibility in full, they may be responsible only within their average monthly earnings. It should be borne in mind that the full material responsibility of the Organization's head for damage caused to the Organization, it comes into force of the law (Article 277 of the Labor Code). Therefore, the employer has the right to demand from the head of the organization of compensation for damage in full, regardless of whether in the labor agreement with it a condition for full material responsibility.

According to the Federal Law "On Communication", telecom operators carry property responsibility for the loss, damage to the valuable mailing, the shortage of mining investments in the amount of declared value.

In the resolution of Plenum, V.С. clarified that when considering the case of compensation for a direct valid damage caused by the employer in full, the employer is obliged to submit evidence that, in accordance with the Labor Code or other federal law, the employee can be held accountable in full Damage caused and at the time of his causation reached 18 years of age, with the exception of cases of deliberate damage, or causing damage in a state of alcoholic, narcotic or other toxic intoxication, or if damage caused as a result of a crime or administrative misconduct when an employee can be attracted To fully liable until the age of 18, the legislation governing the material responsibility of employees for damage caused by the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation of 16.11.2006 No. 52 paragraph 8.

Agreement is a complete material responsibility with employees. The contract of complete collective responsibility of workers should indicate the parties to the contract with which the employer in the person of the authorized by the Organization, as well as a brigade in the face of the Brigadier and members of the Brigade.

In accordance with this Treaty, the Brigade assumes complete collective material responsibility for all transmitted to it for recalculation, receiving, issuing, processing, storing and moving value and undertakes to take measures to prevent damage.

The contract must also define the rights and obligations of the brigade.

A writing agreement on the collective (brigade) liability for causing damage is between the employer and all members of the team (brigades) - Article 245 of the Labor Code of the Russian Federation.

In accordance with Article 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (brigade) liability, i.e. The employer of the damage caused to the employer of the damage to the accomplishment for the lack of entrusted to employees of property is concluded with employees who have reached the age of 18 years and directly serving or using monetary, commodity values \u200b\u200bor other property.

Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85 "On approval of the list of posts and works, replaced by or implemented by employees, with which the employer may enter into written agreements on full individual or collective (brigade) liability, as well as typical forms of full material contracts Responsibility "On approval of listings of posts and works, replaced by or implemented by employees, with whom the employer may conclude written agreements on full individual or collective (brigade) liability, as well as standard forms of full material liability agreements: Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85. Approved new lists of posts and works and typical forms of contracts that provide for cases of fully responsibility of the employee. They correspond to the current labor legislation and the realities of time. These include:

1) The list of posts and works, replaced by or executed by employees, with whom the employer may enter into written agreements on full individual liability for the lack of entrusted property (for example, work: on reception and pay all types of payments; on calculations when selling (implementation) of goods, products and services (including not through the cashier, through the cashier, without the cashier through the seller, through the waiter or other person responsible for the implementation of settlements); for maintenance of trade and automata;

2) a typical form of a total personal liability agreement;

3) a list of works, when performing a complete collective (brigade) material responsibility for the lack of entrusted to employees of property can be introduced;

4) Typical form of a total collective (brigade) liability agreement.

It should be borne in mind that the lists are exhaustive. And the typical forms of contracts are not. This means that the typical forms of contracts are samples, on the basis of which an enterprise may compile its corporate forms of contracts on full individual and collective liability.