Employee liability

The basis of our modern society is labor relations. The legislation on this issue provides for the rights, duties and, of course, the responsibility of all participants in such relations. Undoubtedly, labor responsibility plays an important role in regulating the behavior of the employee and the employer. There are different types, it is used due to violation of the established rules and is the occurrence of negative consequences for the offender.

In order to understand the whole point of the matter, it is necessary to take into account that, from the point of view of jurisprudence, the concept of "employee responsibility" should be interpreted as the duty of the offender established by law or contract to suffer adverse consequences in the form of personal or material limitations that arise after the commission of an offense and in connection with an offense. If to speak in simple language - then for the harm caused the worker is obliged to bear responsibility.

In the event that the failure to perform or improper performance of labor obligations was due to the fault of the employee, the payment of wages according to the law is made in accordance with the volume of work performed. As a measure of responsibility for violation of the employee's work duties, disciplinary sanctions are applied to him in the form of a simple observation, warning, reprimand or even dismissal. It is important to remember that as a measure of responsibility, the law does not provide for the possibility of retaining funds from wages.

When does the responsibility come into effect?

So, the financial responsibility of the employee is complete or partial. Part of it is within his monthly earnings. The full responsibility lies in the obligation to compensate for the damage in full and this can be quite an impressive amount. That is why for the advent of such responsibility, the law provides for certain special conditions that need to be known:

1. This responsibility is vested in the employee by law and a written contract has been concluded with the employee.
2. He was entrusted with material values, the shortage of which he allowed.
3. The harm was caused intentionally or in a state of alcoholic or other intoxication, even if the employee did not realize what his actions might lead to.
4. It is necessary to have a court verdict that it was the fault of this employee that caused the damage.
5. If the damage was caused by the disclosure of secrecy, the employer will have to prove that the information really constituted a secret protected by law.

When an employee may not be responsible?

The legislation also provides for the release of the employee from liability on the grounds that occurred as a result of such circumstances:

1. Actions of force majeure, that is, all those phenomena that an employee can not influence (hurricanes, earthquakes, wars).
2. The necessary defense or extreme necessity in the form of actions to protect the worker himself, other people or society as a whole.
3. Non-fulfillment by the employer of its duties, which provided the conditions for the storage of the property that was entrusted to the employee.
4. In case there was a normal economic risk (there was no other way to achieve the result and all measures for preventing damage were taken, and the object of risk is property, not human life or health).

In conclusion, we note that no one is immune from possible harm, but, nevertheless, a conscientious and attentive attitude towards work will help to avoid negative consequences.