Material liability

One of the types of legal responsibility is liability. It arises in connection with the infliction of damage by an official or other employee to the enterprise due to improper performance of his duties.

The liability is partial and complete. The first means the obligation of the employee to compensate the direct actual damage caused to the enterprise, that is, the real deterioration or reduction of the employer's property, as well as the costs that must be incurred to restore it, purchase or reimbursement. The amount of payments under this type of liability can not exceed the size of the average monthly earnings. The lost profit is not refundable.

Full liability for the damage caused occurs in the following cases:

• Causing damage intentionally;
• Causing it in drug or alcohol intoxication ;
• In the performance of an administrative offense or a crime;
• With a shortage of values that are entrusted to the contract;
• When disclosing secrets protected by law;
• As a result of non-performance of labor duties;
• In other cases provided for by federal laws and the Code of Health of the Russian Federation.

In the case of minors, full responsibility can only be exercised if the situations indicated in the first three cases arise.

Material liability can only be if there is an intentional or careless fault of the employee. It is excluded if harm is caused due to normal economic risk, force majeure, in extreme circumstances , with the necessary defense, failure by the employer to ensure proper storage conditions for the property.

Contracts on full responsibility are concluded only with adults who directly use or serve commodity and monetary values or other property.

The material responsibility of employees can be collective and individual. In the first case, the head of the enterprise must issue an order and bring it to the attention of the whole collective, and then conclude an agreement on full material responsibility, in which the signatures of each employee of the collective must be signed. Individual responsibility is applied to a particular employee:

• Which is entrusted with the function to ensure the safety of the property transferred to it;
• Which is entrusted to store it with the provision of a separate isolated storage room;
• Who reports independently to the accounting department for the values he has accepted for reporting.

Full financial responsibility may be imposed by a special agreement, before the conclusion of which it is necessary to conduct an inventory of property in order to find out what exactly the employee will answer for. If harm has occurred, it is necessary to make an inventory again, to appoint an official investigation and to find out the cause of the incident.

The employer has the right to refuse to compensate the damage caused by the employee. If he does not have such a desire, he issues an order to bring to liability or appeals to the court. The latter may within 3 months appeal the order in a judicial procedure. In this case, the operation of the order is not suspended. In the case of voluntary compensation for damages, the employee may be granted installments on the basis of a written obligation indicating the terms of payment. The employee can repair the damage by providing the same property, or repair the damaged one.

In case of disputes, it is necessary to apply to the court. The limitation period for bringing an employee to liability is 1 year.