Employees of the organization during their work activities use the company's property. The company is simply obliged to provide it. However, there are often cases when equipment can be damaged due to the fault of the employee, which is why the company incurs losses. What should a business owner do in a similar situation? Does he have the right to recover financial compensation from a negligent subordinate or is he left to “be sad and forget”? In what situations is full individual liability possible, and is it even possible? How to compile relevant documentation without errors? Below we will consider the rules in detail and get the necessary answers.
What is employee liability?
Liability is the need for the wage worker to return to the owner the financial or non-material damage that occurred as a result of his or her labor, if an agreement of such duty was signed and the involvement of the mercenary was proved. Damage means the loss of cash, breakdown or deterioration of the equipment, its loss, shortage of the product segment, the imposition of a fine due to the action or inaction of the employee. Only real losses are assigned to compensation, loss of profits does not apply to them (the exception is only if the culprit is the director of the organization, this position implies liability for lost profits).
Types of liability of employees
Distinguish between limited and total liability. Restricted is the one that the employee returns in the limit of his salary, unless otherwise specified by law. Amounts exceeding salary limits are not mandatory for return. Partially responsible are absolutely all employees working on the basis of an employment contract. Auxiliary signing of documents is not required, since the existence of a contract is already an occasion to ensure the preservation of equipment provided by the organization. An important nuance is that the business owner cannot deduct from the monthly income of the mercenary more than twenty percent at a time.
Full individual liability is the need to fully recover all the loss caused. It does not always occur, but only under the circumstances necessary for this:
- when there is an appropriate written agreement between the employee and the business owner that does not contradict the Labor Code and is drawn up according to the approved model;
- upon detection of losses or damage to equipment transferred to him in a written contract drawn up after a mandatory inventory;
- intentional harm to the organization;
- the harm was caused by the use of alcohol or drugs;
- the employee committed a crime (both criminal and administrative);
- committing an administrative violation approved by the local authority;
- disclosure of state or commercial secrets.
In those situations where the damage was caused due to force majeure circumstances of force majeure, natural disaster, or the equipment was used for self-defense, the employee is not obliged to return the resulting losses.
Liability is individual and collective.The first rests on a person in a single person, the second will cover several employees at once taken together (in situations if it is impossible to divide obligations on managing the equipment of the company in another way).
Limits of liability for different posts
Naturally, for different official positions and the limit of obligations will be different. Full liability and a list of posts suitable for it are established by the government. Partial financial responsibility rests without exception on any employee registered at the enterprise under an employment contract, since when signing it under the Labor Code, an obligation to maintain a lean relationship with the equipment of the company is provided. Other official papers, in addition to the employment contract, are not necessary to sign for partial obligations.
Consider who it is possible to assign full financial responsibility and a list of posts suitable for this. To begin with, such papers can only be executed when the employee is an adult and the equipment is transferred to him directly by written agreement, signed on the basis of the inventory. It is also important to provide access to such property exclusively materially obligated mercenary. In the event that there is accessibility for other persons, the obligation to return losses may be invalidated by the court.
On the basis of an employment contract, a full financial obligation may be presented to the director of the enterprise, his deputies, as well as the chief accountant. Moreover, only the director of the company can bear obligations for profits not received as a result of his activities, which could have been earned under normal conditions. However, we must not forget that the corresponding clause must certainly be mentioned, or an additional contract on obligations has been signed. In other situations, obligations will be limited.
In addition to managers, an agreement on full liability can be signed with employees, the list of posts of which is indicated below:
- Mercenaries engaged in operations with cash registers, cash, cards, ATMs, selling, purchasing inventory, collection work.
- Conducting examinations and destruction of securities.
- Conducting work on the creation and storage of goods prohibited in free circulation (weapons, chemicals, medicines).
- Leading construction and installation works.
- Storekeepers and farm managers.
- Senior nurses.
- Expeditionary workers.
- Heads of divisions.
- Laboratory assistants and methodologists.
With whom you can’t conclude an agreement
There is no way to conclude an agreement on full individual liability with minors, with employees in positions not mentioned in the above list, approved by the official legislation of the Russian Federation, as well as with employees working in social security firms. More precisely, it is not forbidden to draw up the contract itself, but it will be invalid and the organization will not return compensation.
It is also forbidden to draw up documents on full financial obligations immediately with all employees of the company, even when all of them fit the necessary parameters - this will be regarded as a departure from labor law.
However, if a person fits the list of posts of the full liability of the employee, but for some reason refuses to draw up a document of obligations, the business owner may decide to end the contract with him. It should be noted that if the vacancy contains mandatory liability, it should immediately be indicated in the employment contract.
Laws governing liability for employees.
The code of laws of the Russian Federation clearly defines the types of employees and work with which it is possible to sign a document. The list of posts of full individual liability is provided in the thirty-ninth article of the code. Two hundred and thirty-third article of the code explains all the options when an obligation to return a loss may occur, the limits of obligations are stipulated in two hundred and forty-third article of this law.
How to carry out the procedure for registration of employee liability?
To hire a person with material obligations, you must follow a clear schedule of actions, including:
- Acquaintance of a person with internal organizational orders, with all the norms and rules associated with his future work.
- Drafting an employment contract in accordance with all legislation.
- Conclusion of an agreement on full individual liability.
- Signing an order to accept a new employee.
- Record in the work book.
- Issuing a personal employee card.
- Registration of a personal account.
It should be noted that an agreement on full liability is considered valid, a sample of which is taken on the basis of the general form provided in the appendices to the code of laws of Russia. Any agreement signed not on this model will not be considered valid.
In situations in which there is a need to execute a contract with several employees at a time, the form is also taken from the relevant applications. The paper must be signed strictly by each member of the team, and when leaving the participating half of the staff reissued. It will not be superfluous to note that when one of the participants leaves, the rest may require an inventory. The company is obliged to provide it so that in the future there are no questions regarding the culprit of the resulting losses.
Mandatory provisions of the contract of liability of an employee of the organization
Full liability, the list of posts suitable for which is indicated above, is made out only in writing. The mandatory provisions of such an agreement will include:
- Date and place of execution and signing of the document.
- Designation of the parties to the contract and their positions and responsibilities.
- The list of equipment entrusted to the employee for use after signing the document.
- Ways to determine the possible future resulting damage.
- Situations exempting an employee from financial obligations for damage to property (for example, force majeure, natural disasters, force majeure, the use of materials for self-defense, etc.).
- The term of the agreement, the methods for amending and terminating it, the number of copies (usually one each of the parties).
- Methods of repaying the resulting debt. The employer can provide the employee with installments, this should be indicated in the agreement. If this is a collective agreement, a mandatory item will be a listing of all the persons involved, among whom it is better to appoint a senior employee. It is necessary to designate the limits of obligations for each participant (usually the separation is proportional to wages, working hours, etc.).
The most common mistakes made during the execution of a liability agreement
- A fairly common mistake made by organizations is the execution of agreements on the full liability of employees with citizens who have not reached the age of majority, who are in practical classes from educational institutions or are undergoing internships. Such documents are considered to have no legal ground, and a person may go to the labor inspectorate complaining of a violation of their rights.Under the laws of the state, a person under eighteen years of age is obligated to bear obligations only in exceptional cases, such as intentionally causing harm, under the influence of alcohol or drugs, or in the commission of criminal or administrative offenses.
- The next mistake is the requirement to draw up a document on financial obligations with individuals employed under a contract, that is, under a civil law contract. Such actions are not legally justified, as individuals are not employees of the organization. However, the contract may indicate a clause providing for the preservation of the values of the enterprise. This provision will be considered valid by law.
- Many business owners forget that it is impossible to draw up a document on financial obligations with employees who do not have equipment in their direct maintenance (for example, watchmen). Such papers will also be invalid. To satisfy the resulting damage, the employee must use the equipment in the course of work personally.
- The contract should be drawn up according to the state model, but individualized for the enterprise. However, all amendments to it can only be aimed at improving the conditions in comparison with the norms of the law, but in no case at the deterioration, otherwise the contract will be invalid.
- Business owners draw up a contract of obligations with a mercenary for equipment to which other persons have free access. In such cases, the courts almost always take the side of the performer and do not oblige him to compensate for the resulting damage, since the possibility of determining the culprit of the shortage is excluded.
- Withhold amounts of damage above the monthly income from wages. Such actions are unlawful, disputes on amounts that exceed earnings are considered only in court. The owner of the company has the right to retain no more than twenty percent of the monthly income at a time.
What to do if you need to conclude a liability agreement with an employee already working at the enterprise?
There are situations when there is a need to draw up a document with an already working employee. For example, regarding the contract of full liability, the list of posts has been supplemented by state legislation. If a person does not have any objections, the document is drawn up in the usual manner in accordance with the standards indicated above.
In those situations, if the employee is against signing the contract, the organization is obliged to provide him with another position, which is indicated by the seventy-fourth article of the Labor Code. If such options are not available or there is a refusal to transfer to another position, you can terminate the employment contract on the basis of seventy-seventh article.
Conclusion
Full financial responsibility, a list of posts suitable for which is indicated in the article, is necessary and important for each enterprise. Correct paperwork will save the organization from unnecessary costs, expenses and staff problems. It is better to entrust this issue to a professional lawyer in order not to make mistakes in the documentation and have the right to compensation for losses incurred in the future. However, familiarization with all applicable laws on the relationship between employees and the employer will never be superfluous. Those who decide to take the risk and arrange everything on their own must definitely carefully study all labor laws and the documents attached to them.