There are situations when an employer tries to change the working conditions of an employee after an employment contract has been signed with him. This may be motivated by production necessity. In any case, when you are offered to take on material responsibility, which you do not strive for at all, you can take advantage of the existing legal grounds for refusal.
Instructions
Step 1
You can refuse material liability, referring to the fact that your employment contract contains a labor function, which does not include material liability. In accordance with Art. 72 of the Labor Code of the Russian Federation, it is possible to change the conditions specified in the employment contract only by agreement of both parties. An additional agreement on this must be concluded in writing. Until this moment, the employer has no right to demand from you to perform work that is not provided for by the employment contract.
Step 2
In the event that an order has been imposed on you with duties not specified in the employment contract, you have the right not to start fulfilling them and go to court. Claims for individual labor disputes are accepted in court within three months from the day when you learned or should have learned about the violation of your right, in accordance with Art. 392 of the Labor Code of the Russian Federation.
Step 3
According to the decree of the Ministry of Labor of the Russian Federation of December 32, 2002 No. 85, there is a list of positions and jobs that are replaced or performed by employees, for which the employer has the right to conclude agreements on liability in writing. Read this list and, if your position or work performed is not indicated in it, then you have every right to refuse to sign such an agreement.
Step 4
It also happens that the employer forced you to sign a full liability agreement, although your position or job is not on this list. This does not mean that you will be fully financially responsible, since Art. 50 of the Labor Code of the Russian Federation says that the conditions of an employment contract that worsen the situation of employees in comparison with labor legislation are invalid.
Step 5
You can completely waive material liability if you are under 18 years old. True, Art. 243 of the Labor Code of the Russian Federation establishes three exceptions to this rule: you can be held liable if intentional damage was caused, the cause of it was alcohol or toxic poisoning or a crime, an administrative offense.
