How To Recover Damages From An Employee

Table of contents:

How To Recover Damages From An Employee
How To Recover Damages From An Employee

Video: How To Recover Damages From An Employee

Video: How To Recover Damages From An Employee
Video: Employee Damages and Recovery 2024, May
Anonim

At work, there are situations when an employee damages or destroys part of the company's property. In some cases, it is then legitimate to collect compensation from the employee. But this must be done in compliance with the law.

How to recover damages from an employee
How to recover damages from an employee

Instructions

Step 1

Find out who exactly is to blame for the damage to property and damage. To do this, interview all employees who were present at the incident. From their data, as well as from the information received from the line manager, you can more clearly imagine the picture of what happened.

Step 2

Determine if the damage to property was committed with intent, negligence, or the damage was the result of a coincidence without the direct fault of the employee. In the latter case, it will make him pay for the damage, perhaps, but unethical - this will surely undermine his confidence in the company, which may adversely affect the results of his work.

Step 3

Calculate the cost of damage. It should include all possible losses, for example, the cost of repairing equipment. Intangible costs, such as damage to a company's reputation, are practically nonrecoverable due to their non-obviousness and difficulties in calculations.

Step 4

Tell the employee the amount of damage you want to recover from him. You can agree with him on a convenient payment schedule for all parties.

Step 5

Subtract the amount of damage or part of it from the employee's bonus. Please note that you cannot impose any fines affecting the amount of the basic salary specified in the employment contract. The reduction is only subject to the bonus, which, according to the law, the employer can deprive.

Step 6

In the event that the bonus is not enough to cover the damage or the employee quit his job altogether, demand compensation from him through the court. At the same time, take into account that it will be rather difficult to collect money from a person who has not signed a liability agreement. Even if your claim is upheld in court, the issue of debt collection will remain. According to the laws of the Russian Federation, bailiffs can seize only a limited, usually a small part of the debtor's property. If a person has neither money nor work, or he is employed informally, it will be impossible to get the necessary amount from him.

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