Violation of the rights of employees by the employer entails the offensive of liability provided for by law in the form of the application of measures of a civil law (material liability) and administrative nature to him. The employer is obliged to reimburse the employee for unpaid wages if he unlawfully removed the employee from work, unlawfully dismissed or transferred to another position. In addition, the employer's financial liability to employees arises if
Violation of the rights of employees by the employer entails the offensive of liability provided for by law in the form of the application of measures of a civil law (material liability) and administrative nature to him. The employer is obliged to reimburse the employee for unpaid wages if he unlawfully removed the employee from work, unlawfully dismissed or transferred to another position. In addition, the employer's financial liability to employees arises if, without the grounds established by law, he refused to reinstate employees. The following amounts are subject to compensation: salary; vacation pay; severance pay. At the same time, all refunds are paid with interest in the amount not lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation. The amount of interest is calculated depending on the unpaid payments on time for each day of delay, starting from the day following the established day of payment until the day of actual settlement inclusive. The amount of monetary compensation can be set in a collective agreement, local regulation or employment contract. Art. 236 of the Labor Code of the Russian Federation provides for the obligation of the employer to make payments even in the absence of his fault. The employer also compensates for damage caused to the employee's property. To do this, it is necessary to determine the market value of the property, which is either paid in full. With the consent of the employee, damage can be compensated in kind. In addition, the employer is responsible for moral damage caused to the employee, as provided for in Part 4 of Art. 3 and part 9 of Art. 394 of the Labor Code of the Russian Federation. Moral harm can also occur when the property rights of the employee are violated, for example, when the payment of wages and vacation pay is delayed. For violation of labor legislation and labor protection, the employer can be brought to administrative responsibility on the basis of Art. 5.27 of the Administrative Code of the Russian Federation.
