The involvement of the employee to material responsibility
Quite often, there are cases when an employee by their actions or inaction causes harm to the enterprise. And then there is a question, very relevant for all parties to labor relations, about bringing to financial responsibility.
Material liability occurs regardless of the form of the employee's fault: intent or negligence.
There are two main types of liability: full and limited.
Let's look at the difference between them. Limited liability is established in cases where there is evidence of unintentional damage or destruction of property.
If we talk about full liability, it in turn comes for intentional destruction or damage and can be applied in such cases:
if the employer and employee have entered into a written agreement on full financial liability;
in case of receiving property and other valuables by the employee under the report on a one-time order or for other one-time documents;
if the employee has caused damage by his actions that have the characteristics of acts that are criminally prosecuted;
according to the law, the employee is responsible for harm.
To bring an employee to financial responsibility in accordance with article 130 of the labor Code of Ukraine, the following conditions are required:
the employee violated their employment obligations;
the company was directly harmed by illegal actions or omissions of the employee;
there is a causal relationship between the violation and the harm caused;
the employee's fault is set.
It should be noted that in accordance with the procedure provided for by labor legislation, only a person who is in an employment relationship with an employer can be held liable. In the case of a civil contract, this issue is regulated by other legislation.
The liability of persons who perform work or provide services under civil law contracts can be either contractual or non-contractual.
The amount of damage is determined in accordance with the Law of Ukraine "on the assessment of property, property rights and professional appraisal activities in Ukraine" dated 12.07.2001, No. 2658-III at the prices applicable in this area on the day of its compensation for theft, intentional destruction, damage to material values.
If it is impossible to conduct an independent assessment (the property that is subject to assessment is not available), the amount of damage can be calculated on the basis of article 135-3 of the labor Code of Ukraine.
Recovery of the amount of damage is carried out on the basis of an order of the employer. Restrictions: when deducting the amount of damage from the salary, deductions must not exceed 20% of the paid salary.
Add a review
Armadum Lawyers is a dynamic corporate organization focused on monitoring changes in the legal field and finding new solutions for our clients.