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Types of employee financial liability

Posted: Mon Jan 27, 2025 10:33 am
by subornaakter40
In the course of work, each employee uses certain material resources that are the property of the employer. The mentioned resources include: goods, finances, tools, company transport, computer equipment, office equipment, etc.

During operation, there is always a risk of loss, damage or failure of the material resources issued for use due to an error or negligence of the employee. Therefore, the employer's desire to receive compensation for losses from the direct culprit is quite understandable and natural. For such cases, the Labor Code of the Russian esinc email list Federation provides for the concept of "material liability of the employee."


Types of employee financial liability

The material liability of an employee to the employer for damage caused to the latter may be either full (according to the Labor Code) or partial (established by legislation, collective agreements and contracts).

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Limited financial liability means that an employee who is guilty of causing damage is obliged to compensate for its full and actual cost, while the amount of compensation cannot be more than the average monthly salary. Limited financial liability of an employee is currently provided for only in the following cases:

for damage or destruction through negligence of materials, semi-finished products, products, including during the process of their production;

for damage or destruction through negligence of tools, instruments, equipment, special clothing and other items received for temporary use by an employee.

The average monthly salary is calculated from the last two calendar months of work of the employee who caused the damage. In the event that the employee has been with the employer for less than two months, his average salary is calculated from the time actually worked.

Full financial liability assumes compensation for the full cost of damage caused without limiting the amount to a certain limit. Full financial liability of the employee to the employer occurs if no exceptions are made from the general rule on this type of financial liability.

Most often, such obligations are imposed only when a written agreement on full financial liability has been previously concluded between the employee and the employer.

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This type of contract may exist between an employer and an employee if the latter has reached the age of 18 and holds a position/performs work directly related to the storage, processing, sale, transportation or use in the production process of material resources transferred to him for temporary use.

The list of such jobs (positions), as well as the approximate wording of the agreement on the full individual financial responsibility of the employee, are approved by the Government of the Russian Federation.