The material property of any company is a basis for ensuring its effective work. For this reason there is a need it is property to control and protect.
Anyway, a certain circle of people contacts to the property of the company and its material values owing to working duties. For them the provision on liability of workers is enshrined in the labor law. The purpose of this situation is that the liability of the worker serves as a guarantee of safety, economical and rational use of the available resources of the company.
In acts of the majority of the countries the concept liability of the worker is defined as responsibility to the employer for the damage caused to a corporate property which came owing to illegal behavior of the employee. Respectively, this loss has to be indemnified in accordance with the established procedure. It should be noted that forms of such responsibility can be various.
There is an individual liability of the worker set by the special contract. This acceptance by the employee of the organization on full responsibility for ensuring safety of the values entrusted to it, compensation for damage in case of their damage. If the contract on collective liability of workers is made out, then the property is entrusted to group of people, each of which is the responsible person. The liability of workers for damage caused to this property is compensated in full by all collective. The liability of minor workers is defined, proceeding from the same precepts of law, an exception for them is only the impossibility to bear full both individual, and collective responsibility.
Approach of liability of the worker
Involvement of the worker to liability is possible only when all following conditions are at the same time satisfied:
- the direct actual damage is caused to the employer;
- the behavior of the worker is illegal (that can be shown both in certain actions, and in inaction);
- there is a fault of the employee;
- relationship of cause and effect between illegal behavior of the worker and damage caused to property is confirmed.
Before collecting liability from the worker is carried out, the extent of the caused damage surely is defined. The employee can compensate it voluntarily (surely at the same time conclusion of agreement in writing), having granted the corresponding sum of money, or, at the consent of administration, having corrected the damaged property or having replaced it equivalent. If the employee refuses to indemnify loss, collecting is made forcibly including through court. The liability of the worker after dismissal remains, it is collected by means of presentation of the claim in the court in time which is not exceeding one year from the moment of detection of damage caused by the worker. The damage is not collected from the staff of the organization in case the circumstance excluding liability of the worker took place.
The existing limits of liability of the worker
Proceeding from the fact that the liability is limited and full. In the first case the worker indemnifies the valid direct loss. Usually cost is withdrawn by its parts from the salary so that this sum did not exceed average monthly salary of the worker. In the second case the guilty person is obliged to indemnify damage caused to them completely, in this case limits of liability of the worker consist in not excess of the extent of the done harm. The circumstance excluding liability of the worker, maybe, in particular, force majeure, economic risks, non-execution of appropriate conditions of organization of labor by the employer and so on.