The employer can recover money for damages in several ways:
Posted: Mon Jan 27, 2025 10:34 am
The amount of money collected from an employee whose degree of guilt in the incident has been established does not exceed his average monthly income. It is carried out on the basis of an order from the head of the enterprise (according to Article 248 of the Labor Code of the Russian Federation), issued no later than one month after the amount of damage has been established.
Issue an order for compensation of esinc email list monetary funds equivalent to the amount of damage caused. If this payment does not exceed the average monthly salary of the guilty party, the order must be issued no later than one month from the moment the amount of damage is determined.
Voluntary repayment of the cost of damage by the culprit. By mutual agreement of the parties, the employee may pay compensation for damage in parts (in installments). To do this, the employee must provide the employer with a receipt in which he undertakes to repay the debt, as well as indicate the exact dates for making payments.
Go to court if a month has passed (i.e. the debt payment period has expired) or the employee simply refuses to pay the amount of damage (which, by the way, significantly exceeds the level of his average monthly income). The employer can also go to court if the employee, who gave a written obligation to voluntarily compensate for the damage, refused to pay and resigned from the organization to which he owes money.
The employee replaces the damaged property with something of equal value or repairs the damage. This option is only possible with the consent of the employer.
Attention! An employee has the right to file a claim in court for the purpose of conducting an additional investigation and defending his interests if:
the employer incorrectly carried out the procedure for bringing to full financial liability (FFL);
the employee does not agree with the fact that he is being charged with compensation for the damage caused.
The conclusion of a PMO agreement is voluntary, and its presence/absence does not affect the emergence/termination of liability for damage caused by an employee of the organization. Including information about full financial liability in the text of the employment contract is also not a mandatory condition.
The employer has the right to reprimand an employee who has caused and compensated the organization for a certain material loss. The specified penalties relate to the following types of liability: disciplinary (the purpose of which is to force the employee to follow labor discipline) and material (calculated to compensate for the damage caused to the company).
According to labor legislation, it is not allowed to punish an employee twice for the same offense by imposing several penalties on him at the same time. However, the law does not impose any restrictions on the simultaneous application of different types of penalties - material and disciplinary (according to Part 6 of Article 248 of the Labor Code of the Russian Federation). Thus, an employee guilty of causing damage to the company's material resources, in addition to material, can be subject to any other disciplinary punishment (for example, a reprimand).
Issue an order for compensation of esinc email list monetary funds equivalent to the amount of damage caused. If this payment does not exceed the average monthly salary of the guilty party, the order must be issued no later than one month from the moment the amount of damage is determined.
Voluntary repayment of the cost of damage by the culprit. By mutual agreement of the parties, the employee may pay compensation for damage in parts (in installments). To do this, the employee must provide the employer with a receipt in which he undertakes to repay the debt, as well as indicate the exact dates for making payments.
Go to court if a month has passed (i.e. the debt payment period has expired) or the employee simply refuses to pay the amount of damage (which, by the way, significantly exceeds the level of his average monthly income). The employer can also go to court if the employee, who gave a written obligation to voluntarily compensate for the damage, refused to pay and resigned from the organization to which he owes money.
The employee replaces the damaged property with something of equal value or repairs the damage. This option is only possible with the consent of the employer.
Attention! An employee has the right to file a claim in court for the purpose of conducting an additional investigation and defending his interests if:
the employer incorrectly carried out the procedure for bringing to full financial liability (FFL);
the employee does not agree with the fact that he is being charged with compensation for the damage caused.
The conclusion of a PMO agreement is voluntary, and its presence/absence does not affect the emergence/termination of liability for damage caused by an employee of the organization. Including information about full financial liability in the text of the employment contract is also not a mandatory condition.
The employer has the right to reprimand an employee who has caused and compensated the organization for a certain material loss. The specified penalties relate to the following types of liability: disciplinary (the purpose of which is to force the employee to follow labor discipline) and material (calculated to compensate for the damage caused to the company).
According to labor legislation, it is not allowed to punish an employee twice for the same offense by imposing several penalties on him at the same time. However, the law does not impose any restrictions on the simultaneous application of different types of penalties - material and disciplinary (according to Part 6 of Article 248 of the Labor Code of the Russian Federation). Thus, an employee guilty of causing damage to the company's material resources, in addition to material, can be subject to any other disciplinary punishment (for example, a reprimand).