Labor Code of the Russian Federation. Labor Code of the Russian Federation Reimbursement of costs associated with employee training

When applying for a job, at the stage of signing an employment contract, each person becomes acquainted not only with his duties, but also with the responsibility that he will have to bear in performing his labor functions. One of the varieties (along with disciplinary, administrative and criminal) is financial liability.

To understand its essence, it is necessary to take into account the following factors, each of which is extremely important:

applies only to individuals; this means that if the damage is caused by a legal entity (for example, a contractor), then compensation for this damage will occur on other grounds;
To apply the concept of a material obligation of an employee to the employer, an employment relationship must be formalized (agreement, contract, etc.);
the damage caused to the employer must be direct and have direct monetary value; indirect damage is not considered a basis for the employee’s financial obligations.

If we consider articles of the Labor Code of the Russian Federation 238, 239, 240 and 241, relating to the issue of the financial responsibility of an employee for the material damage that may be caused to property, we can note the following conditions for the application of this type of liability:

the damage is actually present, in the form of damaged (that is, rendered unusable) or destroyed property;
the value of such property can be accurately determined;
property damage occurred as a result of employee actions that conflict with the requirements of current legislation, local acts and rules; this applies to cases where equipment (equipment, tools and other types of property) was damaged or destroyed when performing work in violation, for example, of the requirements of the rules for the safe conduct of this work;
property damage occurred as a result of unlawful actions of the employee; for example, damage was caused to any property during the commission (or attempt to commit) theft;
the damage was caused intentionally.

The portal site draws your attention to the fact that the Labor Code of the Russian Federation also stipulates situations in which the employee’s financial obligation is not applicable:

the employer's property for which the employee is responsible was damaged or destroyed, but the employer did not take timely measures to ensure the safety of this property;
damage or destruction of property occurred as a result of force majeure circumstances, the occurrence of which the employee could not prevent; for example, damage caused by a fire that was not the fault of the employee cannot become a reason to hold him liable;
the damage was caused in case of extreme necessity (for example, to prevent an offense by third parties);
damage is the result of acceptable production risks; for example, losses to an enterprise from a bad deal.

As for the amount of liability, that is, that part of the total damage that the law allows to be recovered from the employee, there are full and partial liability. The full form involves compensation for all damage. In the partial form, the employee will compensate for damage in an amount not exceeding his average monthly earnings, regardless of the full amount of damage.

Liability in the amount of damage applies in cases where this is stipulated in the contract (for example, for certain categories of chief specialists - chief accountant, cashier, storekeeper, etc.). This mainly applies to those categories of workers who, by the nature of their occupation, are associated with the reception, storage, and issuance of material or financial resources.

The employee is obliged to return to the employer all damage if it was caused by him committing illegal actions (theft, being under the influence of alcohol-containing drugs, drugs, and so on).

The employer is obliged to follow a certain procedure in order to ensure that the recovery of material damage complies with the requirements of the law. The entire procedure is described in Article 248 of the Labor Code of the Russian Federation.

The fact of damage itself must be established. As a rule, this is established by a specially created commission and is reflected in the corresponding act.
The monetary value of the damage is established. This is done by accounting specialists.
The degree of guilt of the employee (or employees) for the damage caused is established. At the same time, it is determined whether there were aggravating circumstances or, on the contrary, there were circumstances that reduced or completely removed the guilt from the employee.
If the employee’s guilt is confirmed, an order is issued to the enterprise to recover damages (full or partial) from this person.

The employer is given a month for all these actions. At the end of it, compensation for losses can only be done through the courts.

If an employee believes that they are illegally trying to force him to pay compensation for damage, then this conflict should also be the subject of legal proceedings. To do this, the employee himself, or a person representing his interests, must apply to the court at his place of residence with a statement of claim.

Unfortunately, in our time, disputes between employees and employers arise quite often, and you just have to “ask” Google to return results for the query “lawlessness of employers” and the search engine will offer several hundred thousand results. This suggests that the topic of employer responsibility is quite relevant and many people daily ask themselves questions about whether the employer acted lawfully towards them in a given situation and how they can protect their rights. Naturally, this leads to the fact that the issue of liability is acute among employers, whose rights are sometimes infringed no less.

Understanding this topic can be quite difficult and to protect your rights it is better to contact qualified lawyers. However, in general, everyone needs to navigate this issue, and in order to help both parties understand it, the Faculty of Medical Law has prepared a series of articles “Employer Responsibility.”

In this article we will consider general provisions regarding the employer’s liability to the employee. You can read the rest of the articles by following the links:

Article 419 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) contains instructions for bringing persons guilty of violating labor legislation to five types of liability. Among them, four can be identified that apply to the employer (with the exception of disciplinary):

material
civil law
administrative
criminal

First of all, if we talk about the employer’s responsibility to the employee, we mean material and civil liability. As for administrative and criminal liability, it arises from the employer to the state. However, often such liability arises precisely for violation of the employee’s labor rights. Therefore, in this series of articles we will also briefly consider these two types of responsibility.

Disciplinary liability can only arise from the employee, so there is no place for it in the article.

General provisions on the employer’s financial liability are contained in Section XI of the Labor Code of the Russian Federation. The essence of financial responsibility is responsibilities of a party to an employment contract(in our case the employer), caused damage to the other party(in our case an employee), compensate for this damage.

According to Art. 233 of the Labor Code of the Russian Federation, for the onset of financial liability, the following conditions must be met:

the presence of property damage to the injured party;
illegality of the action (inaction) that caused the damage;
causal connection between the unlawful act and property damage;
guilt in committing an unlawful act (inaction), unless otherwise expressly provided for by the Labor Code or other federal law.

Chapter 38 of the Labor Code discusses four grounds for the employer’s liability:

illegal deprivation of an employee's opportunity to work,
causing damage to his property,
delay of salaries and other payments,
causing moral harm to an employee.

Read more about the obligations and consequences for the employer caused by such circumstances in the articles “”, “”.

Another form of legal liability aimed at restoring the violated rights of an employee is civil liability. This type of liability of the employer to the employee occurs in cases where he is liable for the specified violation under the norms of civil rather than labor legislation.

In this case, the mechanisms for protecting the rights of the employee are reflected in Articles 15 and 151 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and consist of the following norms:

An employee whose rights have been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.
If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

As we see, the civil liability of the employer, like material liability, consists mainly in the imposition of property sanctions on him. In this regard, these two types of responsibility are often confused and even combined. According to some legal scholars, financial liability is in fact civil liability (S.S. Alekseev, S.N. Bratus, R.O. Halfina, etc.).

You can read more about the distinctive features of the employer’s material and civil liability to the employee in.

By submitting an application, you agree to the terms of processing and use of personal data.

In addition to the workers themselves and trade union bodies, supervisory authorities also monitor compliance with labor laws and workers’ rights. In this regard, employers sometimes have to answer not only to employees, but also to the state for offenses committed.

It’s good if you can get away with just one administrative punishment, for example, a fine. But there are cases when the employer’s violations are so great that the guilty person may even be brought to criminal liability.

Administrative liability of employers is established by the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). A mandatory element for the emergence of such liability is the presence of guilt.

Article 2.2 of the Code of Administrative Offenses of the Russian Federation distinguishes two forms of guilt:

Intention - an administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously allowed them or was indifferent to them;
Negligence - an administrative offense is recognized as committed through negligence if the person who committed it foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds, he arrogantly counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have could have foreseen them.

You can read more about the main violations of employers in the field of administrative law, as well as the sanctions provided for such offenses in the article “”.

Criminal liability of the employer may arise in case of violation of the constitutional rights of citizens prescribed in Art. 37 of the Constitution of the Russian Federation: “Labor is free. ...Forced labor is prohibited. ...Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination...Everyone has the right to rest. A person working under an employment contract is guaranteed the working hours established by federal law, weekends and holidays, and paid annual leave...”

It should be remembered that the basis for criminal liability is the commission of an act containing all the elements of a crime provided for by the Criminal Code:

the object is a social relationship that is protected by the Criminal Code;
the objective side is a set of signs characterizing the external manifestation of a crime (in particular, action/inaction, cause-and-effect relationship; time, place, situation and other detailed data);
subject - an individual committing a crime (medical worker);
the subjective side is the mental attitude of a person to the socially dangerous act he commits (guilt, motive and purpose). A person’s guilt can be in the form of intent (direct or indirect) or negligence (criminal frivolity or criminal negligence).

Unlike administrative offenses, types of violations under criminal liability are more socially dangerous in nature, therefore, under criminal liability, sanctions against the employer are more stringent.

You can find a visual table showing the employer’s offenses and the articles of the Criminal Code of the Russian Federation, according to which criminal liability is provided for such violations, in the article “”.

In order to understand in more detail the issue of the employer’s responsibility to the employee, we recommend that you read the other articles of this section.

232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract

The party to the employment contract (employer or employee) who caused damage to the other party shall compensate for this damage in accordance with this Code and other federal laws.

An employment contract or written agreements attached to it may specify the financial liability of the parties to this contract. In this case, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher, than provided for by this Code or other federal laws.

Termination of an employment contract after damage has been caused does not entail the release of the party to this contract from financial liability provided for by this Code or other federal laws.

Article 233. Conditions for the onset of financial liability of a party to an employment contract

The financial liability of a party to an employment contract arises for damage caused by it to the other party to this contract as a result of its culpable unlawful behavior (actions or inaction), unless otherwise provided by this Code or other federal laws.

Each party to the employment contract is obliged to prove the amount of damage caused to it.

Chapter 38. MATERIAL LIABILITY OF THE EMPLOYER TO THE EMPLOYEE

Article 234. The employer’s obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work

The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of:

illegal removal of an employee from work, his dismissal or transfer to another job;

the employer's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job;

delay by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant formulation of the reason for the employee’s dismissal;

the paragraph is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 235. Financial liability of the employer for damage caused to the employee’s property

An employer who causes damage to an employee's property shall compensate for this damage in full. The amount of damage is calculated at market prices in force in the given area on the day of compensation for damage. (as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employee agrees, damages may be compensated in kind.

The employee's application for compensation for damage is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the employer’s decision or does not receive a response within the prescribed period, the employee has the right to go to court.

Article 236. Financial liability of the employer for delay in payment of wages and other payments due to the employee

If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time. Bank of the Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault. (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated April 23, 2012 N 35-FZ)

Article 237. Compensation for moral damage caused to an employee

Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract.

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

Chapter 39. MATERIAL LIABILITY OF AN EMPLOYEE

Article 238. Financial liability of an employee for damage caused to the employer

The employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.

Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 239. Circumstances excluding the financial liability of an employee

The employee's financial liability is excluded in cases of damage arising due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to provide adequate conditions for storing property entrusted to the employee.

Article 240. The employer’s right to refuse to recover damages from an employee

The employer has the right, taking into account the specific circumstances in which the damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the organization's property may limit the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, and the constituent documents of the organization. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 241. Limits of employee’s financial liability

For damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by this Code or other federal laws.

Article 242. Full financial liability of the employee

The employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the employer in full. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by this Code or other federal laws.

Employees under the age of eighteen bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or other toxic substances, as well as for damage caused as a result of a crime or administrative offense. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 243. Cases of full financial liability

Financial liability in the full amount of damage caused is assigned to the employee in the following cases:

1) when, in accordance with this Code or other federal laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;

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) causing damage while under the influence of alcohol, drugs or other toxic substances; (as amended by Federal Law No. 90-FZ of June 30, 2006)

5) damage caused as a result of the employee’s criminal actions established by a court verdict;

6) causing damage as a result of an administrative violation, if established by the relevant government body;

7) disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by federal laws; (as amended by Federal Law No. 90-FZ of June 30, 2006)

8) damage was caused while the employee was not performing his job duties.

Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the deputy heads of the organization and the chief accountant. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 244. Written agreements on the full financial responsibility of employees

Written agreements on full individual or collective (team) financial liability (clause 2 of part one of Article 243 of this Code), that is, on compensation to the employer for damage caused in full for the shortage of property entrusted to employees, can be concluded with employees who have reached the age of eighteen years and directly servicing or using monetary, commodity values or other property. (as amended by Federal Law No. 90-FZ of June 30, 2006)

Lists of works and categories of workers with whom these contracts can be concluded, as well as standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation.

Article 245. Collective (team) financial liability for damage

When employees jointly perform certain types of work related to the storage, processing, sale (release), transportation, use or other use of valuables transferred to them, when it is impossible to differentiate the responsibility of each employee for causing damage and to conclude an agreement with him on compensation for damage in full, collective (team) financial liability may be introduced.

A written agreement on collective (team) financial liability for damage is concluded between the employer and all members of the team (team).

Under an agreement on collective (team) liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage. To be released from financial liability, a member of a team (team) must prove the absence of his guilt.

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

Article 246. Determination of the amount of damage caused

The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

Federal law may establish a special procedure for determining the amount of damage subject to compensation caused to an employer by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal amount.

Article 247. The employer’s obligation to establish the amount of damage caused to him and the cause of its occurrence

Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence. To conduct such a check, the employer has the right to create a commission with the participation of relevant specialists.

Requiring a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, a corresponding act is drawn up. (Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The employee and (or) his representative have the right to familiarize himself with all inspection materials and appeal them in the manner established by this Code.

Article 248. Procedure for recovery of damages

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

If the month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court. (as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employer fails to comply with the established procedure for collecting damages, the employee has the right to appeal the employer’s actions in court.

An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms. In the event of dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is collected in court.

With the consent of the employer, the employee may transfer equivalent property to compensate for the damage caused or repair the damaged property.

Compensation for damages is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.

Article 249. Reimbursement of costs associated with employee training

(as amended by Federal Law No. 90-FZ of June 30, 2006)

In the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after completion of training, unless otherwise provided by the employment contract or training agreement.

Article 250. Reduction by the labor dispute resolution body of the amount of damage to be recovered from the employee

The labor dispute resolution body may, taking into account the degree and form of guilt, the financial situation of the employee and other circumstances, reduce the amount of damage to be recovered from the employee.

The amount of damage to be recovered from the employee is not reduced if the damage was caused by a crime committed for personal gain.

Files for download:

Labor Code of the Russian Federation

Part three

Section XI. Material liability of the parties to the employment contract

Chapter 39. Material liability of the employee

Article 238. Financial liability of an employee for damage caused to the employer

The employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.

Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 239. Circumstances excluding the financial liability of an employee

Article 240. The employer’s right to refuse to recover damages from an employee

The employer has the right, taking into account the specific circumstances in which the damage was caused, to fully or partially refuse to recover it from the guilty employee. The owner of the organization's property may limit the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, and the constituent documents of the organization.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 241. Limits of employee’s financial liability

For damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by this Code or other federal laws.

Article 242. Full financial liability of the employee

The employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the employer in full.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by this Code or other federal laws.

Employees under the age of eighteen bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or other toxic substances, as well as for damage caused as a result of a crime or administrative offense.
(as amended by Federal Laws No. 90-FZ dated June 30, 2006, No. 359-FZ dated November 27, 2017)

Article 243. Cases of full financial liability

Financial liability in the full amount of damage caused is assigned to the employee in the following cases:

1) when, in accordance with this Code or other federal laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;

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) causing damage while under the influence of alcohol, drugs or other toxic substances;
(as amended by Federal Law No. 90-FZ of June 30, 2006)

5) damage caused as a result of the employee’s criminal actions established by a court verdict;

6) causing damage as a result of an administrative offense, if established by the relevant government body;
(as amended by Federal Law No. 359-FZ of November 27, 2017)

7) disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by this Code and other federal laws;
(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated August 3, 2018 N 315-FZ)

8) damage was caused while the employee was not performing his job duties.
Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the deputy heads of the organization and the chief accountant.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 244. Written agreements on the full financial responsibility of employees

Written agreements on full individual or collective (team) financial liability (clause 2 of part one of Article 243 of this Code), that is, on compensation to the employer for damage caused in full for the shortage of property entrusted to employees, can be concluded with employees who have reached the age of eighteen years and directly servicing or using monetary, commodity values or other property.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 245. Collective (team) financial liability for damage

A written agreement on collective (team) financial liability for damage is concluded between the employer and all members of the team (team).

Article 246. Determination of the amount of damage caused

Article 247. The employer’s obligation to establish the amount of damage caused to him and the cause of its occurrence

Requiring a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, a corresponding act is drawn up.
(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The employee and (or) his representative have the right to familiarize himself with all inspection materials and appeal them in the manner established by this Code.

Article 248. Procedure for recovery of damages

If the month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.
(as amended by Federal Law No. 90-FZ of June 30, 2006)

If the employer fails to comply with the established procedure for collecting damages, the employee has the right to appeal the employer’s actions in court.

With the consent of the employer, the employee may transfer equivalent property to compensate for the damage caused or repair the damaged property.

Compensation for damages is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.

Article 249. Reimbursement of costs associated with employee training

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 250. Reduction by the labor dispute resolution body of the amount of damage to be recovered from the employee

The amount of damage to be recovered from the employee is not reduced if the damage was caused by a crime committed for personal gain.

Read 7204 once Modified 01/23/2019

Labor Code of the Russian Federation

Labor Code of the Russian Federation - table of contents
- Chapter 1. Basic principles of labor legislation
- Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
- Chapter 3. General provisions
- Chapter 4. Representatives of workers and employers in social partnership
- Chapter 5. Social partnership bodies
- Chapter 6. Collective Bargaining
- Chapter 7. Collective agreements and agreements
- Chapter 8. Participation of employees in the management of the organization
- Chapter 9. Responsibility of the parties to the social partnership
- Chapter 10. General provisions. Employment contract
- Chapter 11. Conclusion of an employment contract
- Chapter 12. Changing the employment contract
- Chapter 13. Termination of an employment contract
- Chapter 14. Protection of employee personal data
- Chapter 15. General provisions. Work time
- Chapter 16. Working hours
- Chapter 17. General provisions. Time relax
- Chapter 18. Work breaks. Weekends and non-working holidays
- Chapter 19. Vacations. Annual paid holidays
- Chapter 20. General provisions. Payment and labor standards
- Chapter 21. Wages. Payment and labor standards
- Chapter 22. Labor rationing. Payment and labor standards
- Chapter 23. General provisions. Guarantees and compensation
- Chapter 24. Guarantees when sending employees on business trips, other business trips and moving to work in another area
- Chapter 25. Guarantees and compensation to employees when they perform state or public duties
- Chapter 26. Guarantees and compensation for employees combining work with education
- Chapter 27. Guarantees and compensation to employees related to termination of an employment contract
- Chapter 28. Other guarantees and compensation
- Chapter 29. General provisions. Work schedule. Labor discipline
- Chapter 30. Labor discipline. Work schedule
- Chapter 31. General provisions. Training and additional professional education of workers
- Chapter 32. Student agreement
- Chapter 33. General provisions. Occupational Safety and Health

One of the basic rights of the employer in accordance with the provisions of Article 22 of the Labor Code of the Russian Federation is the right to hold employees financially liable in the manner established by current legislation.

Based on Art. 233 of the Labor Code of the Russian Federation, the financial liability of a party to an employment contract arises for damage caused by it to the other party to this contract as a result of its culpable unlawful behavior (actions or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.

Financial liability occurs when the following conditions are simultaneously present:

unlawful behavior (actions or inactions) of an employee;
causal connection between the unlawful act and material damage;
guilt in committing an unlawful act (inaction).

A financially responsible employee compensates the employer for material damage incurred by the organization as a result of the employee’s actions (inaction).

According to Article 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for damage caused to him direct actual damage*.

Note:Lost income (lost profits) to be recovered from the employeeare not subject to .

*Direct actual damage means:

a real decrease in the employer's cash assets,

deterioration of the condition of the specified property (including property of third parties located at the employer, if the employer is responsible for the safety of this property),

the need for the employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

As indicated in his Letter dated October 19, 2006. No. 1746-6-1 Rostrud:

“Direct actual damage may include, for example:

lack of monetary or property values,
damage to materials and equipment,
expenses for repairing damaged property,
payments for forced absence or downtime,
amount of the fine paid".

The provisions of the Labor Code of the Russian Federation provide for two types of employee liability for damage caused to the employer:

limited financial liability,
full financial responsibility.

Limited financial liability consists of the obligation of an employee, with whom an agreement on full financial liability has not been concluded, to compensate for direct actual damage caused to the employer, but not more than the amount of his monthly earnings.

This norm is established by the provisions of Article 241 of the Labor Code of the Russian Federation.

In this article we will talk about the provisions of the current legislation relating to the financial liability of employees, in particular:

about cases of full financial liability of employees,
on the procedure for collecting damages caused by them from employees,
on recovery from employees of the cost of training paid for by the employer,
and so on.

Full financial responsibility of employees

Based on Article 242 of the Labor Code of the Russian Federation, the employee’s full financial liability consists of his obligation to compensate for direct actual damage caused to the employer in full.

Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by the Labor Code of the Russian Federation or other federal laws.

Cases of full financial liability are provided for in Article 243 of the Labor Code of the Russian Federation.

According to the provisions of Article 243 of the Labor Code of the Russian Federation, financial liability in the full amount of damage caused is assigned to the employee in the following cases:

when, in accordance with the Labor Code of the Russian Federation (or other federal laws), the employee is financially responsible in full for damage caused to the employer during the performance of the employee’s job duties;

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

intentional causing of damage;

causing damage while under the influence of alcohol, drugs or other toxic substances;

causing damage as a result of the employee’s criminal actions established by a court verdict;

causing damage as a result of an administrative violation, if established by the relevant government body;

disclosure of information constituting a secret protected by law:

state,
official,
commercial,
different,

in cases provided for by federal laws;

causing damage not while the employee was performing his job duties.

Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the deputy heads of the organization and the chief accountant.

In addition, on the basis of Article 277 of the Labor Code of the Russian Federation, the head of the organization bears full financial responsibility for direct actual damage caused to the organization.

In cases provided for by federal laws, the head of the organization compensates the organization for losses* caused by his guilty actions.

*Calculation of losses is carried out in accordance with the norms provided for by civil law.

So, for example, in accordance with paragraph 2 of Article 44 of the Federal Law of 02/08/1998. No. 14-FZ “On Limited Liability Companies”, the director of the company is liable to the company for losses caused to the company by their guilty actions (inaction), unless other grounds and the amount of liability are established by federal laws.

Similar rules are contained in clause 2 of Article 71 of the Federal Law of December 26, 1995. No. 208-FZ “On Joint-Stock Companies”.

According to Article 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) financial responsibility* can be concluded with employees who have reached the age of eighteen and directly service or use monetary, commodity valuables or other property.

*That is on compensation to the employer for damage caused in full for the shortage of property entrusted to employees

Note:Older workersup to 18 years old bear full financial responsibilityonly in exceptional cases :

intentionally causing damage,
for damage caused while under the influence of alcohol, drugs or other toxic intoxication,
for damage caused as a result of a crime or administrative violation.

Lists of works and categories of workers with whom the above agreements can be concluded, as well as standard forms of these agreements, were approved by the Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002. No. 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial responsibility”.

Recovery of damages from a financially responsible employee

According to Article 246 of the Labor Code of the Russian Federation, the amount of damage caused in the event of loss and damage to property is determined by actual losses, calculated:

based market prices operating in the area on the day the damage occurred, but not lower than the value of the property according to accounting data taking into account the degree of wear and tear of this property.

Before making a decision on compensation for damage at the expense of specific employees, the organization is obliged to conduct an audit to establish the amount of damage caused and the reasons for its occurrence.

In addition, it is mandatory to request a written explanation from the employee to establish the cause of the damage. If an employee refuses or avoids providing explanations, it is necessary to draw up a corresponding report.

To establish the extent of the damage, it is necessary to conduct an inventory. In accordance with paragraph 2 of Article 11 of the Federal Law of December 6, 2011. No. 402-FZ “On Accounting”, during the inventory the actual presence of the relevant objects is revealed, which is compared with the data of the accounting registers.

Usually, a commission is created to carry out the inspection with the participation of relevant specialists.

The composition of the commission can include, for example:

caretaker,
chief engineer,
security guard,
lawyer,
accountant,
and so on.

The composition of the commission is approved by an order drawn up in any form, which is signed by the head of the company. Members of the commission are introduced to this order upon signature.

The created commission must establish:

the presence or absence of circumstances that exclude the employee’s financial liability;
illegality of the employee’s actions when causing damage to the employer’s property;
the employee’s guilt in causing damage to the company;
the presence of a causal relationship between the employee’s behavior and the resulting damage;
the presence or absence of direct actual damage.

Based on the results of the internal investigation, an act is drawn up that reflects the circumstances established by the commission, for example:

whether the employee’s guilt was established;
whether there were any illegal actions on his part;
whether it was possible to establish a cause-and-effect relationship between the employee’s actions and the damage caused.

The drawn up act must be signed by all members of the commission.

The act is accompanied by primary documents confirming the conduct and results of the inventory, as well as written explanations by the employee and, if necessary, any other documents.

In accordance with the provisions of Article 247 of the Labor Code of the Russian Federation, the employee and (or) his representative have the right to familiarize himself with all inspection materials and appeal them in the manner established by the Labor Code of the Russian Federation.

Based on Article 248 of the Labor Code of the Russian Federation, the recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer.

note: Such an order may be madeno later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

In cases where:

the month period has expired,

the employee does not agree to voluntarily compensate for the damage caused to the employer, the amount of which exceeds his average monthly earnings,

collection can be carried out only by court decision.

The employee may voluntarily compensate for the damage caused in whole or in part.

By agreement of the parties to the employment contract, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms.

In the event of dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is collected in court.

With the consent of the employer, the employee may transfer equivalent property to compensate for the damage caused or repair the damaged property.

Note:Compensation for damage is maderegardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that cause damage to the employer.

Reimbursement of costs associated with employee training

According to the provisions of Article 249 of the Labor Code of the Russian Federation, if the employer paid for the training of an employee, and he subsequently quit without good reason, without having worked as agreed:

employment contract,
or a training agreement,

term, the employer has the right to recover training costs from such an employee.

The amount of reimbursement for such costs is calculated in proportion to the time actually not worked after completion of training (unless otherwise provided by the employment contract or training agreement).

At the same time, the terms of an employment contract or training agreement that worsen the employee’s position are unlawful and can be challenged by the latter in court. In this case, the court will most likely side with the employee.

Thus, by the Decree of the Supreme Court of the Russian Federation dated September 28, 2012. No. 56-KG12-7, the court decided that the employee’s claim for the recovery of excessively withheld amounts was satisfied lawfully, since the court correctly calculated the amount in proportion to the time actually not worked after completion of training, since the condition of the student agreement, which provides for full reimbursement by the employee of the cost of training , worsens the employee’s position and contradicts the requirements of Art. 249 Labor Code of the Russian Federation:

“Resolving the dispute, the court, referring to the provisions of Article 249 of the Labor Code, calculated the amount to be reimbursed to the plaintiff in proportion to the time actually not worked by the defendant after completion of training, and not in full of the funds spent on completing the training process.

At the same time, the court pointed out that the condition of the apprenticeship contract, which provides for full reimbursement by the employee of the cost of training, and not in proportion to the time worked after completion of training, worsens the position of the employee and contradicts the requirements of Article 249 of the Labor Code.”

A similar position is set out in the Letter of the Federal Service for Labor and Employment dated April 13, 2012. No. 549-6- 1 “On the illegality of including in an employment contract or training agreement a provision providing for the employee’s obligation to reimburse training costs regardless of the period of dismissal”:

“Article 249 of the Labor Code of the Russian Federation stipulates that reimbursement of costs associated with employee training is possible if the employee quits without good reason before the expiration of the period stipulated by the employment contract or training agreement at the expense of the employer.

According to Article 57 of the Labor Code, an employment contract may provideadditional conditions that do not worsen the employee’s situation compared to installed:

labor legislation,
other regulatory legal acts containing labor law norms,
collective agreement,
agreements,
local regulations,

in particular, about the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer.

The inclusion in an employment contract or training agreement of a provision providing for the employee’s obligation to reimburse training costs regardless of the period of dismissal, in our opinion, reduces the level of workers’ rights, since employees have an obligation to reimburse costs in any case, regardless of working a certain period of time.

In accordance with Article 9 of the Code, collective agreements, agreements, employment contractscannot contain conditions that limit the rights or reduce the level of guarantees of employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms.

Ifsuch conditions included in a collective agreement, agreement or employment contract, then theynot applicable .»

In order to reimburse the training costs of a resigning employee, the following conditions must be met:

the employee is sent for training by the employer;
the employer paid for the employee’s training;
the employment contract contains a provision for training the employee at the expense of the employer or a training agreement has been concluded with the employee;
the employment contract or training agreement stipulates that after training the employee is obliged to work for the company for a certain time (for example, a year);
the employee quits before the expiration of the agreed period of service without good reason*.

*In our opinion, dismissal “without good reason” is the dismissal of an employee on his initiative (clause 3 of Article 77 of the Labor Code of the Russian Federation),with the exception of cases when an employee’s application for dismissal on his initiative (at his own request):

Due to the impossibility of continuing work (enrollment in an educational institution, retirement and other cases).

In cases of established violation by the employer:

labor legislation and other regulatory legal acts containing labor law norms,
local regulations,
terms of the collective agreement,
agreement or employment contract.