One type of legal liability is a liability.It arises in connection with the infliction of an officer or other employee of the enterprise harm due to improper performance of their duties.
financially responsible is partial and complete.The first is the duty of the enterprise to compensate for the employee direct actual damages, that is, the real deterioration or reduction of the employer's property, as well as costs that are necessary to make for its restoration, purchase or refund.The amount payable under such a responsibility can not exceed the size of the average monthly wage.Loss of profit is not refundable.
full liability for damages arises:
- damage intentionally;
- causing it to narcotic or alcoholic intoxication;
- in the commission of a crime or administrative offense;
- shortage at values that are entrusted under the agreement;
- when divulging secrets protected by law;
- as a result of non-fulfillment of labor obligations;
- other prescribed by federal laws and the Labour Code of the Russian Federation, cases.
juvenile workers full responsibility can only be applied in the event of the situations referred to in the first three cases.
Liability can only be in the presence of intentional or negligent fault of the employee.It is excluded if the damage is caused due to the normal economic risk, force majeure, in extreme necessity, with the necessary defense, dereliction of duty by the employer to provide appropriate conditions for the storage of property.
Treaty full responsibility lie only with consenting adults is directly used or maintained trade and monetary value of any other property.
Liability workers can be collective and individual.In the first case, the Manager shall issue an order and bring it to the attention of the whole team, and then enter into a contract of full liability, which must be signed by each employee group.Individual responsibility is applied to a specific employee:
- with responsibilities to ensure the safety of the property transferred to it;
- entrusted his store with a separate insulated room for storage;
- who reports independently to the accounting for the values adopted by them under the report.
full liability may be imposed by special agreement before entering into which you want to make an inventory of the property, to find out what exactly would be responsible worker.If damage occurred, it is necessary once again to make an inventory, to assign an internal investigation to find out the cause of the incident.
employer has the right to refuse to compensate damage caused to the employee.If he has such a desire arose, he issued an order to bring to material liability or appeals to the court.Last may, within 3 months to appeal against the order in court.The effect of the order is not suspended.In the case of voluntary compensation, the employee may be given the installment based on the written commitment specifying the terms of payment.A worker can repair the damage by providing a similar property or to repair damaged.
In the case of disputes need to go to court.The statute of limitations for bringing to justice the employee is 1 year.
