Give the concept of liability of the parties to the employment contract. List the types of liability of the employee and the employer. Describe the procedure for bringing an employee to liability for damage caused to the employer.

Material liability worker for damage caused to the employer - it is the obligation of the employee to compensate in established by law within the limits and in the order of damage caused through his fault to the employer with whom he has an employment relationship.

Limited Liability;

Full liability.

Limited Liability may occur if they are established by the Labor Code, collective agreements, agreements.

Limited Liability:

1) employees - in the amount of the damage caused through their fault, but not more than their average monthly earnings for damage or negligent destruction of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or negligent destruction of tools , measuring instruments, special clothing and other items issued by the employer to the employee for use for the implementation of the labor process;

2) heads of organizations, their deputies, heads structural divisions and their deputies - in the amount of the damage caused through their fault, but not more than three times the average monthly salary, if the damage was caused by incorrect accounting and storage of material or monetary values, failure to take the necessary measures to prevent downtime or release of low-quality products.

Full liability occurs if no withdrawals are made from general rule on full liability, as well as in accordance with Art. 404 TK.

Full liability on the basis of a special written contract(clause 1 of article 404 of the Labor Code) occurs when a written agreement is concluded between the employee and the employer on the assumption by the employee of full liability for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes.

Written agreements on full liability may be concluded by the employer with employees who have reached the age of eighteen, occupy positions or perform work directly related to the storage, processing, sale (vacation), transportation or use in the production process of the values ​​transferred to them.

An indicative list of such positions and works, as well as an indicative agreement on full individual liability are approved by the Government of the Republic of Belarus. Taking into account the approximate list, the tenant has the right, on the basis of collective agreement, and in its absence - to independently approve an approximate list of positions and works to be replaced or performed by employees with whom written agreements on full individual liability can be concluded.

When considering disputes arising in connection with the application of measures disciplinary action to employees who have refused to conclude an agreement on full liability for the safety of material assets, it is necessary to proceed from the terms of the employment contract.

If the fulfillment of duties for the maintenance of material assets is for the employee his main labor function, which is agreed upon when hiring, then in accordance with the current legislation, an agreement on full liability can be concluded with him. Refusal to conclude such an agreement without good reason is considered as non-performance job duties with all that it implies. In case of refusal to conclude an agreement on good reasons the employer is obliged to offer the employee another job.

If the conclusion of an agreement on full liability was not stipulated when hiring, then the employee must be warned of the need to conclude a written agreement on full liability no later than 1 month in advance. If he refuses to continue working in the new conditions, he may be dismissed under paragraph 5 of Art. 35 TK.

Establishment conditions collective responsibility:

The work provided for by the relevant List is performed by employees jointly;

It is impossible to distinguish between the liability of each employee on the basis of an individual liability agreement;

Each employee is over 18 years of age.

Members of the collective are exempt from compensation for damage if:

It was established that the damage was caused through no fault of theirs;

Specific perpetrators of the damage caused from among the members of this team are known;

Full liability for property and other valuables received under the report on a one-time power of attorney or other one-time documents(clause 2 of article 404 of the Labor Code).

The circle of persons who can be issued powers of attorney or other one-time documents for receiving property or other valuables is not defined by law. Freight forwarders, drivers, supply managers, suppliers, and other persons are often involved in the performance of such operations.

The specifics of receiving material assets under a one-time power of attorney or other one-time documents is that the employee does not receive them for storage, but, as a rule, for performing any one-time operations (for example, receiving goods and delivering them to the organization). The employee is responsible for the property or valuables that appear in the issued and properly executed one-time document.

A one-time power of attorney or other documents for performing transactions with material assets can only be issued to persons working for this employer. Refusal of an employee to receive material assets according to one-time documents for performing operations that are not included in the scope of his duties, by violation labor discipline is not, since it is possible to lay full liability on the employee only with his consent.

A person who has received a power of attorney signed by the head and the chief accountant or persons authorized by them must, no later than next day after receiving the valuables, regardless of whether they were received by proxy in whole or in part, submit to the accounting department of the enterprise documents on the execution of the order and on the delivery of the received valuables to the warehouse or to the relevant person.

It is not prohibited to issue valuables against a report on a one-time power of attorney or other one-time documents to persons under 18 years of age.

According to paragraph 3 of Art. 404 of the Labor Code, the employee bears full financial responsibility for the damage caused by his actions containing signs of acts prosecuted under criminal law. Evidence confirming the commission of such an act must be established in the course of criminal proceedings by a court verdict or a decision of the investigating authorities.

Liability in full size of the damage caused is also imposed if it was caused by actions containing signs of crime, but the employee was released from criminal liability due to the expiration of the statute of limitations for criminal liability or an amnesty act, as well as if the criminal proceedings were terminated due to bringing to administrative responsibility.

When a court passes a verdict of not guilty due to the absence of corpus delicti, as well as when the criminal case is terminated on this basis at the stage of preliminary investigation, the employee cannot be held liable under paragraph 3 of Art. 404 of the Labor Code, which does not exclude full liability under other norms of Art. 404 TK.

When bringing to full liability under paragraph 3 of Art. 404 of the Labor Code, the court has the right to impose joint and several liability on the defendants if it is established that the damage was caused by the joint intentional actions of several employees. Joint and several liability does not arise for persons who, although convicted in one case, but for independent crimes, as well as for persons, some of whom are convicted of intentional crimes, and others - for those committed through negligence.

Full liability associated with damage caused by an employee who was in a state of alcoholic, narcotic or toxic intoxication(Clause 4, Article 404 of the Labor Code).

The proof of the fact that an employee is in a state of intoxication is a medical report, act, protocol. These documents must be drawn up on the day the employee appears in a state of intoxication. However, the absence of documents does not deprive the court of the right to interrogate witnesses, if necessary.

Full liability in connection with damage caused by shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including during their manufacture, as well as tools, measuring instruments, special clothing and other items issued by the employer to the employee in use for the implementation of the labor process(clause 5 of article 404 of the Labor Code).

The main difference from liability under paragraph 5 of Art. 404 of the Labor Code from liability under paragraph 1 of Art. 403 of the Labor Code is in the form of guilt. In the second case, liability arises in case of damage or destruction of property through negligence, and in the first case - in case of shortage, as well as intentional destruction or deliberate damage to the same property.

Full liability for damage caused not in the performance of labor duties(clause 6 of article 404 of the Labor Code), occurs when an offense is committed in free time from work or in working time but the employee does not perform his job duties. In this case, the guilty person compensates for the damage in full, including income not received by the employer, using the norms of civil law.

For example, while using the employer's car for personal purposes, the employee made an accident, which caused damage. The guilty person compensates for the damage in full, including income not received by the employer from the use of these technical means.

Liability is a type of legal liability, the essence of which is that the guilty party is obliged to compensate the other party for property damage caused by it as a result of non-performance or improper performance of labor duties.

It implies compensation by the guilty person for full property damage. Both the employer and the employee can be held liable.

In accordance with Article 37 of the Constitution of the Russian Federation, labor is free. Everyone has the right to independently use his abilities for work, both physical and intellectual.

The legislation provides for various legal forms of labor organization, but first of all, it implies the conclusion of an employment contract. Because of this, we should talk about the differences between two types of liability: the material liability of the employee and the employer.

The employee is obliged to compensate the employer for the direct actual damage caused to him. Lost income, i.e. lost profits, the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended of July 21, 2007) is not subject to recovery from the employee.

The legislator consolidated this provision by ensuring the protection of the employee as the least weak and economically unprotected party to the employment contract. Labor legislation does not disclose the concept of damage. When considering this issue, it is necessary to be guided by the provisions of the Civil Code of the Russian Federation, which determines that the actual damage caused by the employee to the employer is the costs that the person whose right has been violated has made or will have to make to restore the violated right in case of loss or damage to his property Civil Code of the Russian Federation (Part One) dated November 30, 1994 N 51-FZ (as amended on June 26, 2007)

The Labor Code of the Russian Federation defines the concept of "actual damage", by which the legislator understands the actual decrease in the employer's cash property or the deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties.

So, the employee is financially responsible:

for direct actual damage directly caused by him to the employer;

for damage incurred by the employer as a result of compensation for damage to other persons.

If it is proved that the damage was caused through the fault of several employees or an employee and other persons who are not in an employment relationship with the organization that suffered the damage, they may be jointly and severally liable. However, it should be borne in mind that such liability can only be assigned to them if it is established by a court decision that the damage was caused by their joint intentional actions.

Article 239 of the Labor Code of the Russian Federation provides for cases that exclude the liability of an employee. Such cases include the occurrence of damage due to force majeure, normal economic risk, emergency or necessary defense. The Law also says that the employee is released from liability arising from causing damage to the property of the employer, if the employer has not fulfilled the obligation to ensure proper conditions for the storage of property entrusted to the employee.

Failure by the employer to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee may serve as a basis for refusing to satisfy the requirements of the employer if this caused damage on the application by the courts of legislation governing the liability of employees for damage caused to the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation dated 11/16/2006 N 52.

An example can be given when, through the fault of the heads of enterprises, the necessary conditions were not created to ensure the safety of funds during their storage and transportation. In this case, the cashier does not bear responsibility and it is transferred in full to the employer (clause 29 of the Procedure for conducting cash transactions, approved by the Decision of the Board of Directors of the Bank of Russia dated September 22, 1993 No. 40)

An agreement on full liability can be concluded with employees. This is due either to the peculiarities of work, or to the precaution of the employer, since it is not uncommon for employees of an enterprise to harm the property of this enterprise, for example, to disable office equipment. The company, in general, can cover the damage from own funds, however, it has the right to demand that the corresponding expenses aimed at compensating for damage be borne by the guilty employee or collective of employees.

Liability based on an agreement on full liability can be of two types:

1) individual liability;

2) collective liability.

Liability in full for the damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy heads, chief accountant.

It is important to develop a control system for organizing the work of employees, especially if they are materially responsible persons. In the future, this system should provide for the procedure for appointing responsible persons for specific property, legal registration this responsibility and its reflection in accounting.

The Labor Code of the Russian Federation provides for cases of full liability of employees. So, in accordance with Article 243 of the Labor Code of the Russian Federation, liability in the full amount of the damage caused is assigned to the employee in the following cases:

1) when, in accordance with the provisions of the Labor Code of the Russian Federation or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;

2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

3) intentional infliction of damage;

4) infliction of damage in a state of alcoholic, narcotic or other toxic intoxication;

5) causing damage as a result of the criminal actions of the employee, established by a court verdict;

6) causing damage as a result of an administrative offense, if such is established by the relevant government agency;

7) disclosure of information constituting a legally protected secret (state, official, commercial or other), in cases provided for by federal laws;

8) infliction of damage not in the performance of labor duties by the employee.

The Plenum of the Supreme Court of the Russian Federation in its resolution “On the application by the courts of the legislation governing the material liability of employees for damage caused to the employer” On the application by the courts of the legislation regulating the liability of employees for damage caused to the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 N 52. He explained that the courts need to keep in mind that, by virtue of part 2 of article 243 of the Labor Code, liability in full can be assigned to the deputy head of the organization or the chief accountant, provided that this is established by the employment contract. If the employment contract does not stipulate that the said persons bear material liability in full in the event of damage, they may only be held liable within the limits of their average monthly earnings. At the same time, it should be taken into account that the full liability of the head of the organization for the damage caused to the organization comes into force by law (Article 277 of the Labor Code). Therefore, the employer has the right to demand from the head of the organization compensation for damage in full, regardless of whether the employment contract with him contains a condition on full liability.

According to the Federal Law "On Communications", telecom operators bear property liability for the loss, damage to a valuable postal item, shortage of postal item attachments in the amount of the declared value.

The Decree of the Plenum V.S. clarified that when considering a case on compensation for direct actual damage caused to the employer in full, the employer is obliged to provide evidence indicating that, in accordance with the Labor Code or other federal laws, the employee can be held liable in full caused damage and at the time of its infliction reached the age of 18, with the exception of cases of intentional infliction of damage, or infliction of damage in a state of alcoholic, narcotic or other toxic intoxication, or if the damage was caused as a result of a crime or administrative offense, when an employee can be involved to full liability until the age of 18 on the application by the courts of legislation governing the liability of employees for damage caused to the employer: Resolution of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 N 52 Clause 8.

An agreement is concluded with employees on full liability. The agreement on the full collective responsibility of employees must indicate the parties to the agreement, which are the employer represented by the authorized organization, as well as the team represented by the foreman and members of the team.

In accordance with this agreement, the brigade assumes full collective financial responsibility for all values ​​transferred to it for recalculation, acceptance, issuance, processing, storage and movement and undertakes to take measures to prevent damage.

The contract should define the rights and obligations of the team.

A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team) - article 245 of the Labor Code of the Russian Federation.

In accordance with Article 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) liability, i.e. on compensation to the employer of the damage caused in full for the lack of property entrusted to employees, are concluded with employees who have reached the age of 18 and directly serve or use monetary, commodity values ​​or other property.

Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85 “On approval of the lists of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full material liability Responsibility "On approval of the lists of positions and works replaced or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability: Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85. New lists of positions and work and standard forms of contracts have been approved, which provide for cases of full responsibility of the employee. They comply with current labor legislation and the realities of the time. These include:

1) a list of positions and works to be replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property (For example, work: on the receipt and payment of all types of payments; on settlements in the sale (realization) of goods, products and services (including not through a cash desk, through a cash desk, without a cash desk through a seller, through a waiter or other person responsible for making payments); servicing vending and cash machines;

2) type form agreements on full individual liability;

3) a list of works, during the performance of which full collective (team) liability for the shortage of property entrusted to employees can be introduced;

4) a standard form of an agreement on full collective (brigade) liability.

Please note that the lists are exhaustive. And standard forms of contracts are not. This means that standard forms of contracts are samples on the basis of which an enterprise can draw up its corporate forms of contracts on full individual and collective liability.

Material liability- this is the obligation of the party to the employment contract that caused damage (harm) to the other party, to compensate for it in the amount and in the manner established by law. Liability is an independent type of legal liability.

Material liability under labor law should be distinguished from other measures of material impact, namely: deprivation of the bonus provided for by the wage system, or remuneration based on the results of annual work, reducing the labor participation rate in the collective form of organization and stimulation of labor, deductions from wages produced under the law.

Conditions for liability

Like any other legal liability, the material liability of the parties to an employment contract can only occur if certain conditions are met, which are specified in Art. 233 of the Labor Code of the Russian Federation.

The conditions for liability are:

• Presence of property damage of the injured party.
• The wrongfulness of the action (inaction) that caused the damage.
• Causal relationship between illegal action (inaction) and material damage.
• Guilt of the violator of the employment contract.

Bringing a party to an employment contract to material liability is possible only if all the above conditions are present at the same time, unless otherwise provided Labor Code RF or other federal laws.

The parties to an employment contract (employer and employee) are not equal in terms of their economic and other opportunities. In addition, the employer has power-organizational powers in relation to the employee. These factors determine the differences in the liability of the parties to the employment contract.

TYPES OF LIABILITY

Labor legislation provides:

• The liability of the employer to the employee;
• Liability of the employee to the employer.

1. Types of liability of the employee

Depending on the limit of damage recovery allowed by law, the liability of employees is divided into two types:

1. Limited material liability;
2. Complete material liability.

Depending on the subject matter complete Liability can be:

• individual;
• collective (brigade).

Limited Liability of the Employee

Limited liability provides for compensation by the employee for damage caused within predetermined limits. As a rule, such a limit is the average monthly earnings (Article 241 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation does not contain a list of cases of damage for which liability is provided within the average monthly salary of an employee, but, as practice shows, the most typical cases are the following:

• damage or destruction through negligence of the property of the employer, materials, products (products), as well as tools, overalls and other items issued for use by the employee;
• shortage sums of money, loss of a tool, loss of documents, complete or partial depreciation of documents, payment of a fine due to the fault of the employee.

Full financial responsibility of the employee

The norms of labor law, contributing to the maximum extent to ensuring the safety of the employer's property by compensating the employee for material damage, along with limited liability, provide for a number of cases when the employee guilty of causing damage is obliged to compensate it in full without any restrictions.

Thus, full liability is called because the employee compensates for the damage caused to the employer in full without any limitation by any amount of wages. Such cases are strictly limited and are established only by the Labor Code of the Russian Federation or other federal laws.

In what cases the employee is fully liable

By virtue of Art. 243 of the Labor Code of the Russian Federation, liability in the full amount of damage caused to the employer is assigned to employees in the following cases:

1. When, in accordance with the Labor Code of the Russian Federation and other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;
2. Lack of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document;
3. Intentional infliction of damage by an employee;
4. Causing damage by an employee in a state of alcoholic, narcotic or other toxic intoxication;
5. Causing damage as a result of the employee's criminal actions established by a court verdict;
6. Damage caused by an employee as a result of an administrative offense, if such is established by the relevant state body;
7. Disclosure of information constituting a legally protected state, official, commercial or other secret, in cases provided for by federal laws;
8. Causing damage not in the performance of work duties by the employee.

Full collective (team) liability

Collective (team) liability is established when employees jointly perform certain types works. Collective liability for causing damage is introduced if it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full (Article 245 of the Labor Code of the Russian Federation). A written agreement on collective liability is concluded between the employer and all members of the team (team).

The list of works in the performance of which collective liability may be introduced, the conditions for its application and standard contract approved by the Decree of the Ministry of Labor and social development RF dated December 31, 2002 N 85 “On approval of the lists of positions and works substituted or performed by employees with whom the employer can conclude written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability”.

The amounts of damages are distributed among the members of the team (team) in a shared manner, depending on the time worked (for example, one employee was on vacation or was sick), on the degree of guilt of each in proportion to their tariff rates. To be released from liability, a member of the team (team) must prove the absence of guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team is determined by agreement between all members of the team and the employer. When recovering damages in court, the degree of guilt of each member of the team is determined by the court (Article 245 of the Labor Code of the Russian Federation).

Full individual liability

The full individual liability of the employee is established by the contract, which is concluded with the employer. In accordance with the agreement on full individual liability, the employee assumes full liability for the shortage of property entrusted to him by the employer, as well as for damage incurred by the employer as a result of compensation for damage to other persons.

At present, there is a standard form of an agreement on full individual liability, approved by the said Decree of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 N 85.

2. Liability of the employer

The liability of the employer to the employee is an independent type of legal liability in labor law. The basis, conditions, as well as the amount of the employer's liability to the employee are defined by the Labor Code of the Russian Federation in Articles 232 and 233.

Cases of liability of the employer to the employee

Cases of the employer's liability to the employee are defined in articles 234-237 of the Labor Code of the Russian Federation, according to which the employer is responsible:

1. As a result of illegal deprivation of the employee of the opportunity to work (Article 234 of the Labor Code of the Russian Federation);

The norms of the Labor Code of the Russian Federation do not establish any special definition of moral harm caused to a citizen, different from that established in civil legislation (Articles 151, 1099 of the Civil Code of the Russian Federation). Physical suffering is expressed in the form of pain, for example, in an accident at work, associated with a violation of safety standards, which led to the injury of a person. Moral suffering consists in the negative experience of a person experiencing fear, shame, humiliation, etc.

Article 237 in conjunction with Art. 233 of the Labor Code of the Russian Federation provides for compensation for moral harm caused to an employee by any guilty misconduct (action or inaction) of the employer, regardless of what rights of the employee are violated by these actions (inaction) - property or non-property. Consequently, the basis of the employer's liability for causing moral harm to an employee is the presence of moral harm, that is, physical or moral suffering.

When submitting a claim for compensation for moral damage in the cases specified in the law, the plaintiff is obliged to prove the fact of its infliction and justify the amount of the specific amount of compensation for moral damage indicated by him in the statement of claim. The issue of compensation for moral damage and its amount is decided by the court, regardless of the property damage subject to compensation.

Applied to labor relations the degree of moral and physical suffering is assessed by the court, taking into account the actual circumstances of causing moral harm, individual features employee and other specific circumstances that testify to the severity of the suffering suffered by him.

Material liability in the sphere of labor is the obligation of one party to the employment contract, guilty of causing damage to the other party, to compensate for it in the amount and in the manner prescribed labor law.

Classification of material liability in the sphere of labor:

By amount of compensation allocate full (in the amount of direct actual damage) and limited (in the amount of direct actual damage, but not more than the average salary of the employee). The employer always bears full financial responsibility, and the employee in cases specified by law bears full financial responsibility, and in the rest - limited;

By the number of perpetrators and the method of distribution of responsibility between them allocate and . According to the method of distribution of responsibility in the group of workers guilty of causing damage, share, joint and several, subsidiary and collective (brigade) liability are distinguished;

By way of compensation for the damage caused allocate compensation on the basis of a written agreement of the parties (voluntary compensation procedure), on the basis of a court decision and on the basis of an order from the employer.

It should always be remembered that mandatory conditions liability are:

• actual (actual) damage;
• damage is caused by one party to the employment contract to the other party;
• there is the fault of the party that caused the damage (with the exception of cases of damage caused by a source of increased danger and the employer's liability for damage caused by his employee in the performance of labor duties);
• must be causality between the guilty wrongful act (action or inaction) and the damage caused;
• there are no circumstances exonerating from liability.

Usually, liability is based on an offense, therefore, when holding an employee accountable, the employer takes an explanation from him, as in disciplinary liability. In addition, as with any offense, there must be a certain composition in order to be held accountable.

The elements of an offense in material liability can be defined as follows:

• subject: party to the employment contract, including the former, if the damage was caused during the employment relationship;
• subjective side: the guilt of the subject as a category that characterizes the attitude of the subject to the act and the ensuing consequences, is determined in the form of intent or negligence;
• object: a legal relationship violated by an act, these are relations of property and property interests that are violated as a result of causing damage;
• objective side: this is the external characteristic of the act itself, including the consequences, the causal relationship between the action or inaction and the damage caused, as well as the place, time, method of committing the act and other external characteristics.

Speaking about liability, one cannot fail to note the importance of the institution of liability in labor law:

• recovery value: the damage caused is compensated;
• educational value: the need to endure adverse consequences; influences the employee and other members labor collective to prevent such acts;
• legal meaning: the procedure, the amount of compensation, the procedure - everything is regulated by law, and failure to comply with the established rules may deprive the party of the possibility of compensation.

It should be borne in mind that the conditions for ensuring the property interests of the parties to the employment contract do not appear on their own, they are directly related to the fulfillment by the parties of the employment contract of their duties. Thus, labor legislation provides for the obligation of the employee to take care of the property of the employer (Article 21 of the Labor Code of the Russian Federation). The employer must create the necessary conditions for work, he is obliged to ensure the safety of machines, mechanisms, must provide workers essential tool, documentation, in established cases, train the employee in the methods and techniques of conducting work, and the employer must ensure the conditions for the safety of the property entrusted to the employee (Articles 22, 212, 239 of the Labor Code of the Russian Federation). An exception to the general rule will be enterprises where, in the performance of duties, there is a certain economic risk of consequences in the form of damage.

The conditions, at which the production economic risk is considered justified, the following: the goal cannot be achieved by two means without risk; the risk taker has taken all possible measures to prevent adverse consequences; risk of loss corresponds economic purpose for which it is undertaken; the object of risk should be property benefits, and not the life and health of people; the right to risk is given only to persons professionally trained.

Employees are not liable for damage within the limits of natural loss in the course of work or if the damage was caused within the framework of normal economic risk, subject to the conditions justifying it. The legislation provides for exemption from liability in cases of extreme necessity and necessary defense, if the established limits have been exceeded.

Based on the requirements of Art. 232 of the Labor Code, the obligation to compensate for the damage caused is considered as a mutual obligation of the participants in the labor agreement, which can be specified by the parties. The party to the employment contract (employee or employer) that has caused damage to the other party shall compensate for this damage in accordance with the Labor Code and other federal laws. employment contract or written agreements may specify the liability of the parties to this agreement. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer higher than it is provided for by the Labor Code or other federal laws.

The liability of an employee for the harm caused should be distinguished from the corresponding civil liability. According to Art. 1064 of the Civil Code of the Russian Federation (CC RF) damage caused to the property of an individual or legal entity, is fully refundable. At the same time, the concept of harm includes both real damage and lost profits. Real damage is the cost that a person has made (or will make) to restore damaged or acquire new property of equal value. Lost profits are understood to mean the income that a person could receive if normal conditions civil turnover, if his right had not been violated. The material liability of an employee under labor legislation is established only for real damage, lost profits are not subject to recovery.

Direct actual damage is understood as a decrease in the employer's cash property or deterioration of the said property, as well as the need to incur unnecessary expenses for the acquisition or restoration of property. At the same time, the damage recovered from the employee also includes damage caused to the property of third parties, if the employer is responsible for its safety (i.e., property in safekeeping). Separately, the Labor Code of the Russian Federation considers the obligation of the employee to compensate for material damage caused to the employer as a result of compensation for harm to other persons. Such relationships, as a rule, arise from employers - owners of sources of increased danger. In this case, the damage caused to a third party is first reimbursed by the employer, and then the employee is presented with a recourse claim for the restoration of expenses incurred by the employer. And if the employer is liable to third parties in accordance with civil law, then the employee is liable to the employer - in accordance with labor legislation. And this is not an infringement of the rights of the employer, since the employer is responsible for organizing the work of the employee, and he is obliged to control the labor process.

The concept of substantive law

Substantive law is represented by a set of norms of the legal system that directly regulate public relations and a set of legal branches in which the main emphasis is placed on the establishment of subjective duties and rights.

Remark 1

The terminology of substantive law is used in jurisprudence in the form of a concept that denotes such rules of law through which the state influences relations in society through direct, direct legal regulation.

The norms of substantive law fixed the forms of ownership, legal status persons and property, established the legal status, limits and grounds for legal liability, etc.

Substantive law has an inextricable link with procedural law. They are considered in the form of legal categories expressing the unity of the two sides of the legal settlement:

• direct legal regulation of relations in society;
• procedural forms of protection of these relations in court.

Types of substantive law

Within the framework of the legal system, a distinction is made between the branches of procedural and substantive law.

The branches of procedural law are represented by branches that have a managerial, organizational and procedural nature, which regulate the procedure for the implementation of legal obligations and subjective rights, the resolution of legal conflicts, mainly in the field of justice.

The norms of procedural law regulated the procedure for the use of the norms of substantive law, are derived from them. By means of procedural norms, the circle of subjects participating in the procession is defined, their duties and rights are named, the deadlines for the implementation of the procedural measures provided for by the legislator are established. The branches of procedural law include:

• civil procedural law;
• criminal procedure law;
• arbitration procedural law.

Remark 2

Branches of substantive law are represented by norms that fix (materialize) general limits(principles) of acceptable or unacceptable behavior of legal entities.

Branches of substantive law are formed in accordance with substantive legal regulations, which are inherently rules of conduct that formulate the composition legal relationship characterizing subjective duties and rights, and establish the limits of legal regulation. The branches of substantive law include:

• civil law;
• criminal law;
• constitutional law;
• labor law, etc.

The question of the number of legal branches is resolved applicable to a certain national system of law in different ways.

Taking into account the relative objectivity of the division of social relations into varieties, it seems possible to single out the following main material legal branches:

Constitutional law. The subject of this legal branch is the relations that arise regarding the consolidation of the foundations of the constitutional order, the formation of state bodies, the strengthening of natural inalienable freedoms and human rights, the allocation legal status citizens, etc. The dominant method is the constituent-fixing method. The main sources of the constitutional law of the Russian Federation are:

• the Constitution of the Russian Federation;
• Federal Law of the Russian Federation "On Citizenship of the Russian Federation", "On public associations" etc.

1. Administrative law. The subject of this industry is social relations that develop in the process of implementation government controlled, that is, in connection with the functioning and organization of the system of the executive branch of government at all levels of government.

2. Financial right. The subject is banking operations, monetary relations, collection of fees and taxes, budgeting, etc. Its main method is imperative.
3. Criminal law. The subject is social relations that develop in connection with the implementation of crimes by citizens. His method is imperative. The main source is the Criminal Code of the Russian Federation.
4. Civil law. The subject is property and personal non-property relations, which are based on equality, property independence and autonomy of the will of their participants. The predominant method is dispositive. Main source - Civil Code Russian Federation.
5. Family law. The subject is personal non-property and property relations associated with them, which arise in connection with the state of kinship, the conclusion and termination of marital relations, etc. The main method is dispositive. The main source is the Family Code of the Russian Federation.

Special branches of substantive law

In addition to these legal branches, some scholars have singled out mining, land, military, prosecutorial-supervisory, economic, trade, natural resource, commercial, environmental, informational, penitentiary law as independent ones. But, most lawyers believe that it is appropriate to limit the above basic legal branches, especially since all the rules that exist in the legal system can certainly be attributed to one of the main legal branches.

International law occupied a special place in the legal system. It can hardly be called a branch of national law, since it regulates a group of relations that develop between different states. The specificity and scope of the rules that apply to international law, allows not to classify them as a single branch of national law, but to combine and separate them into a special legal system that is not included in the system of national law.