The legislation of the Russian Federation stipulates in detail the amount and procedure for compensation for material liability. In accordance with the Civil Code of the Russian Federation, collection can be carried out by a court decision. A completely separate topic that deserves close attention is the recovery of financial liability to employers from an employee. This procedure is regulated by Chapter 39 of the Labor Code of the Russian Federation.
Instructions
Step 1
In the event that an employee has caused damage to the property of the organization, it is necessary, first of all, to document this fact. Draw up an act in the presence of responsible persons, take an explanation from the employee himself. After that, issue an order for compensation for material damage. If the employee refuses to sign it, draw up an act. Equally important is the fact that you can only make a hold for a month. Later - only through the court.
Step 2
According to article 243 of the Labor Code, you have the right to impose financial liability on an employee without a court decision in case of causing deliberate damage to them, when disclosing classified information and in other cases. If your case is not included in the list and the employee refuses to compensate for damage in the working order, immediately go to court.
Step 3
It should be noted that, according to the law, you cannot recover from the employee the damage caused to him in the form of loss of income or loss of profit. Such cases are within the competence of the court. Even if the employee agrees to pay off this damage, remember that under the influence of external factors (the opinions of friends, family members), he may change his mind, and you still have to file a claim in court.
Step 4
In order to somehow insure yourself against possible damage, be sure to conclude contracts with employees who, by the nature of their work, have free access to inventory items. This kind of agreement can be concluded both individually (with one person) and collectively (with a group of people, for example, with a team). In the latter case, the material damage is repaid by them jointly and severally.
Step 5
If the administrative resource is exhausted, go to court with a statement of claim, attach notarized documents to it (acts, memoranda, employee explanation, orders, and others). You must prove that the damage was caused by the employee's negligence.
