When applying for a job, an employee enters into an employment relationship with his new employer. Time will tell where this relationship will lead. Until trust in the employer has acquired clear forms, many employees fear that their bosses will deceive them regarding the payment of wages or otherwise cause them harm.
However, sometimes the opposite situation happens: a company employee himself becomes a source of financial and material losses for the company. In this regard, many people ask the question: when does an employee become liable for losses incurred by the organization. Let's consider whether it is possible to hold an employee accountable and how the procedure for collecting material damage from an employee works.
Classification of false information
Inaccurate information provided by the employer can be classified according to the documentation in which it is reflected and the destination where the data is sent.
Documents that may contain false data:
- the employer's identity card or documents establishing the name or ownership of the enterprise;
- documents on positions and salaries of employees;
- papers on the availability of private property.
These types of documents can be sent to:
- tax office;
- to a bank to apply for a loan and other structures.
Important. Providing any false information may subject the employer to administrative or criminal liability.
Responsibilities of the HR department. job description of the head of the human resources department
However, there are acts that the employer is obliged to develop and put into effect in any organization: – Internal labor regulations - the first and most important local regulatory act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours , rest time, incentive and penalty measures applied to employees, as well as other issues of regulating labor relations with a given employer (Article 189 of the Labor Code of the Russian Federation). It is requested in almost any type of labor dispute. – Regulations on remuneration (it is additionally possible to draw up a separate provision on bonuses if there is no section on bonuses, allowances and additional payments in the regulations on remuneration or internal labor regulations). It is necessary by virtue of Art.
Legislative framework for applying punishment to the violator
The Criminal Code provides for penalties for providing false information in the form of a fine, correctional labor or imprisonment. These penalties are established by Article No. 307 of the Criminal Code.
For the charge that relates to the first part of this article, the following shall be imposed for giving false testimony or conclusions:
- a fine of up to 80,000 rubles;
- performing corrective labor for a period of up to 2 years.
The charge under the second part of this article for giving knowingly false information is punishable by:
- execution of forced labor;
- imprisonment for up to 5 years.
Important. Crimes related to the second part of the above article are considered especially serious.
We appoint a person responsible for the processing of personal data
In accordance with Art. 88 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), only specially authorized persons can have access to personal information of employees of an organization. In addition, Federal Law No. 152-FZ of July 27, 2006 “On Personal Data” (hereinafter referred to as Federal Law No. 152-FZ) requires that a business entity appoint a specialist who will be responsible for working with personal data (example 3).
The absence of such an order is equivalent to a violation of Federal Law No. 152-FZ. Sanctions Art. 13.11 of the Code of Administrative Offenses of the Russian Federation for violation of the legislation of the Russian Federation in the field of personal data provides for a warning or the imposition of an administrative fine:
- for officials - from 500 to 1 thousand rubles;
- for legal entities - from 5 thousand to 10 thousand rubles.
Responsibility of the employer for giving false information to subordinates
If, during an internal audit of an enterprise, it is discovered that data is falsified by an employee, the employer may also face liability for not carefully checking the information received.
For example, if an employee has presented a fake salary certificate, the employer can submit a request to verify the specified data. If the employer has not done this, he is an accomplice in giving false information.
If a falsified salary certificate appeared in the calculation of unemployment benefits or maternity benefits, the employer can return the funds obtained by the employee fraudulently during legal proceedings.
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Responsibilities of a personnel officer
All employers (with the exception of employers - individuals who are not individual entrepreneurs) are required to keep work books for each employee who has worked for them for more than five days, if this work is the main one for the employee. Let us remind you that the procedure for maintaining and storing work books is approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”. At the same time, the correctness of making entries in the books is determined by the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.
3. Receipt and expense book for recording work book forms and inserts in them, as well as a book for recording the movement of work books and inserts in them. These books must be numbered, laced, certified by the signature of the head of the organization, and also sealed with a wax seal (clause
Employee dissatisfaction
Personnel are the main resource of the organization, the most valuable and important part of the productive forces. The performance of employees depends on their satisfaction with working conditions. Violations of labor legislation (such as infringement of employee rights, failure to provide provided guarantees and compensation) cause dissatisfaction among employees. These types of labor law violations include:
- salary in “envelopes”;
- failure to conclude an employment contract with an employee;
- lack of mandatory terms of the employment contract;
- failure to provide the employee with one copy of the employment contract;
- failure to create a work book for an employee entering work for the first time, failure to make an entry about work in the work book;
- involvement in work on a day off or overtime without the written consent of the employee and without providing compensation required by law (increased pay or an additional day of rest);
- non-compliance with the vacation schedule, failure to provide the employee with his/her allotted vacation during the year;
- untimely payment to the employee of wages, vacation pay and other payments due;
- imposing fines on workers;
- unfair distribution of benefits and bonuses;
- increasing the volume of work (performing work for an absent or dismissed employee, expanding the area of responsibility) without providing compensation (additional payment, allowance);
- failure by the employer to comply with labor protection requirements, non-compliance of working conditions with labor protection requirements;
- disclosure of employee personal data;
- illegal dismissal at the initiative of the employer;
- dismissal based on personal hostility of the manager towards the employee.
Employee dissatisfaction negatively affects the volume, results and productivity of work, leading to conflicts in the team and dismissals.
How dissatisfied employees can harm a company:
- leave negative reviews online;
- disclose trade secrets to competitors;
- lure clients to another company;
- turn the team against the leader;
- spread to the servants about the employer's dishonesty.
Today, the importance of such a resource as human capital is assessed very highly. The role of this resource in the process of achieving competitive advantage is becoming increasingly important. The most talented and valuable employees are especially important, who, as you know, are far from the last on the list of dissatisfied people, so it is very important to comply with the requirements of labor legislation, implement the rights of employees, and provide the guarantees and compensation they are entitled to.
CASE STUDY 1A client of our company decided to pay a bonus to its employees. The manager distributed the bonus among employees at his own discretion; regulations on bonuses with the procedure and amount of bonuses were not developed. The company's employees began to be indignant and complain that the bonus was distributed unfairly, that employees doing the same work received different bonuses.
In this situation, the client made two mistakes.
Firstly, before the introduction of the bonus system, a bonus regulation was not developed, from which it would be clear for what performance indicators the bonus is paid.
This error was eliminated by approving the bonus regulations, which all employees were familiarized with upon signature. The bonus regulations stipulated the criteria for paying the bonus: upon achievement of what indicators the bonus is paid and in what amount. Plans for the next month are set monthly, which employees also become familiar with upon signature.
Secondly, the client, when familiarizing himself with the bonus order for one employee, disclosed the personal data of another employee, that is, the employees saw the size of each other’s bonuses. Two options for solving this problem were proposed: make personal bonus orders for each employee or, when familiarizing the employee with the amount of bonuses, cover the personal data of other employees using paper or a special stencil. This way, each employee understands how much of a bonus he will receive and can independently calculate the amount of the bonus for the completed plan. Also, employees do not see each other’s bonuses.
What are the duties and responsibilities of an HR employee?
The manager prepares and approves official information intended for the director. The management is responsible for providing consultations to personnel on current personnel issues. The professional level of the OC manager is evidenced by knowledge of the labor and civil legislation of the Russian Federation, methods for assessing employees, the structure of the enterprise, requirements for paperwork, fire safety and labor protection standards. An instruction with the responsibilities of a personnel officer - boss, inspector or specialist - is signed by the applicant when applying for a job. The document is drawn up for each category of employees according to a standard template. (33 votes, average: 4.40 out of 5) Loading...
What are the responsibilities of a personnel officer?
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When hiring, he accepts from the employee the necessary documents provided for in Art. 65 TK; 2. Special conditions must be created to protect personal data. Thus, clause 7 of Article 86 of the Labor Code provides that the protection of an employee’s personal data from unlawful use or loss must be ensured by the employer at his expense in the manner established by this Code and other federal laws; 3. To protect personal data, the enterprise must develop special rules or instructions. So clause 8 of Art. 86 of the Labor Code provides that employees and their representatives must be familiarized, against signature, with the employer’s documents establishing the procedure for processing personal data of employees, as well as their rights and obligations in this area; 4.
