One of the types of penalties is a liability of the parties of the employment contract (compensation to the injured party).By damage is meant deterioration of entrusted property, a reduction in its amount, including the deposit of property (use) from third parties.This law stipulated separate items:
- full or partial liability of the parties of the labor contract can not be more or less in relation to each other;
- grounds for exemption from damages are force majeure, natural economic risk, the occurrence of conditions of extreme necessity (need defense), as well as failure to provide proper conditions for storage;
- each of the parties in the event of injury, has to prove not only the fact of its existence, but its real size, based on the market value of the area;
- lost profits and lost profit due to the damage to collection shall not be;
the Labour Code of the Russian Federation defined the concept of liability and acts tantamount to, both in terms of employee and employer.Agreement for damages is individual or collective.It shall enter into force when the fact is detected shortage values entrusted to him in writing or by single document or damage was caused intentionally or if the damage was caused to the employee in a state of alcohol or another other type of intoxication.Full size employer reimbursed damages arising from criminal acts or administrative offenses, but the fact of their existence must be set by a court decision.Harm is considered to be the disclosure of the secrets of (official, commercial or other another) in the cases specified in federal laws.However, despite the wide range of options, the contract liability is not an employee with persons under the age of 18 years.For this category of persons the measure of punishment is usually set by the courts.
full form of penalty is applied where a party of the agreement is the governing structure of the organization: the immediate supervisor (manager), his deputies and the chief accountant, the person carrying out financial activities (control), as well as workers engaged in storage, transport, processing or sale of material assets.
In cases where the liability of the parties of the labor contract is not subject to differentiation (it is impossible to determine the responsibility of each), issued a collective agreement, implying damages the whole group of people who have been entrusted with any action values in order to fulfill duties.With the employee from any liability if his innocence is proven to harm.If no agreement on contentious issues, liability of the parties of the labor contract, its size and the ways of compensation determined by the court regardless of the type of agreement.
