The shortage is assigned to the financially responsible person with whom the contract was concluded. Recovery can be carried out in different ways, but with a large amount of losses caused by the responsible financially responsible employee, the case is considered in the arbitration court on the basis of the employer's application.
Necessary
- - checking act;
- - act of shortage;
- - explanation;
- - written punishment;
- - application to the court.
Instructions
Step 1
The fact of shortage must be documented and recorded. To do this, check, draw up an act of the discovered shortage, ask the employee to write an explanation for the shortage that has arisen. If the brigade worked, receive accusation, punishment and explanation from each member of the brigade separately.
Step 2
Give written punishment. If one of the financially responsible persons refused to write an explanation, issue another act of refusal.
Step 3
Further, you can terminate the employment relationship unilaterally under Article 81 of the Labor Code of the Russian Federation, which allows you to dismiss the financially responsible person for mistrust or continue the employment relationship with the guilty employee.
Step 4
Upon dismissal, collect the entire shortfall from the accrued payments for the current period of work and compensation for all days of unused vacation. If the accrued amount does not cover the entire amount of the shortfall, the guilty employee can voluntarily pay the entire missing amount.
Step 5
If you leave the employee guilty of the shortage to work, you have the right to collect the entire amount gradually, making deductions from wages.
Step 6
In all other cases, if the employee does not want to continue working, does not plan to pay the deficit, the amount of the calculation is not enough to pay off the debt, you have the right to enforce the deficit by filing an application with the arbitration court. Attach an act, explanation, order on punishment, photocopies of all documents to the application. Additionally, you can use the testimony of witnesses as evidence.
Step 7
On the basis of the issued court order, you will receive a writ of execution, with which you need to contact the bailiff service to enforce debt collection related to the shortage. Enforcement proceedings must be started within one week from the date of your request. Payments to your account will begin to arrive no later than two months later.
