Financial liability of minor workers: at what age does it begin, cases of full liability for persons under the age of 18

Abstract: Financial responsibility of minors

An employee’s financial liability is his obligation to compensate for damage caused to the employer. But it, however, arises only if the employee is at fault. The employee is obliged to compensate the employer only for direct actual damage caused to him; lost income and lost profits are not subject to recovery from the employee under Art. Direct actual damage is considered to be a real decrease in the property of the employer or the property of third parties located at the employer, if he is responsible for the safety of this property or the deterioration of the condition of this property. Examples: shortage of cash or property, damage to materials and equipment, costs of repairing damaged property, payments for forced absence or downtime, the amount of a fine paid. The Labor Code of the Russian Federation establishes two types of financial liability: individual and collective brigade.

At what age does financial responsibility begin?

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors” 10.

Agreements on full individual or collective (team) financial liability are not concluded with employees under the age of eighteen. Articles, comments, answers to questions: Financial responsibility of minors A guide to personnel issues.

Peculiarities of labor relations with minor workers MATERIAL RESPONSIBILITY OF MINORS WORKERS A guide to personnel issues.

Financial liability of an employee An employee under the age of eighteen will bear full financial liability if the damage was caused by him in a state of alcohol, narcotic or other toxic intoxication (Part 3 of Article 242 of the Labor Code of the Russian Federation).

Attention

The validity of the concluded agreement on full financial liability extends to the entire time of work with the material assets entrusted to the employee.

A financially responsible employee, in accordance with the contract, must promptly report all circumstances that threaten the safety of the property entrusted to him, keep records, draw up and submit to the accounting department commodity-monetary and other reports on the balances and movement of the property entrusted to him (commodity reports).

At enterprises where commodity reports are not maintained, transactions of the movement of valuables are recorded in the accounting registers according to primary documents submitted by financially responsible persons.

Written agreements on full financial responsibility of employees Written agreements on full individual or collective (team) financial responsibility (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 and directly service or use cash, 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.

Financial responsibility from what age

Article 242. Full financial liability of an employee Full financial liability of an employee consists of his obligation to compensate for direct actual damage caused to the employer in full. (edited)

Chapter 39. Employee’s financial liability

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.

One more step

Knowledge of the provisions of the Labor Code of the Russian Federation will allow heads of organizations and individual entrepreneurs to correctly determine cases of application of one or another type of financial liability, its limits, as well as the guilt of the specific employee (workers) on whom it is assigned. According to Part 1 of Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate for direct actual damage that he caused to the employer. Financial liability for damage caused to the employer is assigned to the employee only if the damage was caused through his fault.

Only those employees with whom a written agreement on full financial liability has been concluded will receive full compensation for damage. Responsibility for damage caused is not removed from the employee even after the termination of the employment relationship, if the damage was caused during the validity of the employment contract.

Disciplinary liability of a minor

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Federal Law on the financial liability of military personnel

The duty in question is aimed at instilling in the army man a thrifty attitude towards HF property. It is this thesis that can be found in the Federal Law “On the Status of Military Personnel,” as well as in the Military Regulations.

The law that explains the procedure for financial liability and ensures its implementation is called “On the financial liability of military personnel.” An important point of this Federal Law is that the army must compensate only for the actual damage that was caused to property as a result of their unlawful behavior.

The law requires military personnel to take care of state property and equipment that they are provided with during their service.

What is this real damage? The definition of this concept by law is formed as follows:

Damage to varying degrees or destruction of property assigned to HF and in federal ownership.
Expenses incurred for restoration measures after damage.
Purchasing new equipment or items of property if repairs are impossible.
Unforeseen expenses incurred by HF for the purpose of restoring damaged property.

For reference! The category of unforeseen expenses, according to the Federal Law, includes fines and various penalties that were reimbursed to third parties.

It should be noted that not all damage caused by a military person is paid in full. Options for exemption from compensation payments are possible. To do this, the situation must have the following precedents:

the harm was caused as a result of actions carried out on the orders of the command;
the damage is a consequence of circumstances caused by force majeure;
the damage was caused as a result of an official risk recognized as justified.

In the standards, along with large-scale damage measures, there is also an obligation to take care of personal military uniform and to have a serviceable weapon ready for battle.

The scope and procedure for applying the responsibility of army personnel are regulated by the following legal acts:

Federal Law No. 76 of May 27, 1998 “On the status of military personnel.”
Federal Law No. 161 of July 12, 1999 “On the financial liability of military personnel.”
Federal Law No. 53 of March 28, 1998 “On military service and military duty.”
Military Regulations of the Armed Forces.

All of the above standards must be met equally. The regulation of these documents boils down to the fact that compensation for harm caused should only take place if it is received as a result of official actions. If a violation is committed with damage outside the performance of one’s immediate duties, the procedure for punishment is within the competence of the Civil Code of the Russian Federation.

If the incident falls under compensation for the loss in full, according to the law, liability can be brought solely on the basis of a claim filed in court.

Grounds and conditions for financial responsibility of minors

During the summer holidays, many schoolchildren and minors are looking for work. They conclude an employment contract, often without reading all its sections and clauses. When the time comes to receive wages, they wonder why the amount is not what the employer said. In established cases, employees may be subject to full financial liability, which consists of the obligation to compensate the employer for direct actual damage in full. According to the article of the Labor Code of the Russian Federation, workers under the age of 18 bear full financial responsibility only for:. The employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the employer in full.

For which they are fully responsible

There is no agreement on full financial responsibility in the army. Military personnel bear such liability only in cases where damage is caused:

as a result of criminal actions (inaction) of a military man established by a court verdict that has entered into legal force;
when the property was transferred to account for storage, transportation, issue, use and other purposes;
as a result of theft, intentional destruction, damage, spoilage, illegal expenditure or use of property or other intentional actions (inaction);
deliberate actions that entailed costs for treatment in medical organizations of other military personnel injured as a result of these actions;
military personnel who voluntarily brought themselves into a state of intoxication.

Legal responsibility of minors

A selection of the most important documents on request: regulations, forms, articles, expert consultations and much more. When concluding an employment contract, minor workers acquire the same rights as adult workers.

Labor legislation limits the possibility of bringing workers under 18 years of age to full financial liability. In accordance with Art. An agreement on full financial liability cannot be concluded with employees under the age of 18, as provided for in Art. Establishing the specifics of the legal regulation of labor relations for workers under 18 years of age is a manifestation of the state’s special concern for preserving the physical and moral health of the younger generation.

§ 5. Financial liability of employees under 18 years of age

The employee is financially liable to the employer if the employee causes material damage to the employer, for example, in case of damage or loss of the employer’s property, if the employer was forced, due to the employee’s fault, to pay fines to someone or compensate for damage, etc. As a general rule, the employee is liable for the damage caused. bears financial responsibility within the limits of his average monthly earnings. Financial liability for damage in the full amount exceeding the average monthly earnings can be assigned to the employee only in cases directly provided for by the Labor Code of the Russian Federation. Employees under the age of 18 bear full financial liability only for damage caused to the employer:

According to Art. Consequently, the employee is obliged to compensate an amount that does not exceed his average monthly salary, regardless of the amount of damage caused. As a general rule, written agreements on full individual or collective brigade liability can be concluded with employees who have reached the age of 18, Art. Accordingly, minor workers cannot be held fully financially liable for the damage they cause. The exception is the cases provided for in Part.

Age aspect of PMO

When describing in the PMO the principles of compensation for material damage by employees, it is necessary to take into account such an important factor as their age.

The conditions for the recovery of damages from minor employees in the PMO must be specifically stipulated. The category of workers “under 18 years of age” requires employers to take the most careful approach. For example, a DMO concluded with such an employee will not have legal force, and forcing a minor employee to fully compensate for damages is illegal.

IMPORTANT! Art. 244 of the Labor Code of the Russian Federation allows for the conclusion of DMO only with employees of the “18+” category, whose work is directly related to money and commodity values.

However, labor legislation, for example Art. 242 of the Labor Code of the Russian Federation, also protects the interests of the employer, limiting the degree of impunity for workers in the category “under 18 years of age” depending on the condition they were in at the time of damage to the employer’s property.

For example, if the company’s assets were damaged by the actions of a minor employee who was in an inadequate state (under the influence of drugs, alcohol or toxic substances), as well as as a result of his committing a crime or administrative offense, the damage is subject to compensation in full.

Other employees over 18 years of age are equal before the law and compensate the damage caused to the employer in accordance with the obligations assigned to them and the conditions of the concluded DME.

Peculiarities of labor regulation for minor workers

Among the social relations that collectively constitute the subject of labor law, the main place is occupied by labor relations, which develop both in the very process of production of material and spiritual goods, and in the service sector, where the labor of workers is used. The object and main content of labor relations is work, that is, activities related to the direct implementation of citizens’ ability to work. As an economic category, labor relations are an integral part of industrial relations. Being an element of production relations, labor relations are interconnected and interdependent with relations of ownership of tools and means of production and with relations of distribution of production products. The participants in labor relations are the employee and employer organization, individual entrepreneur, who build their relationships, as a rule, on a contractual basis and on a reimbursable basis. The Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation, along with others, for the first time, specifically highlights the relations regarding the material liability of employers and employees in the field of labor in the subject of labor law, Art.

§ 4. Grounds and conditions for the financial liability of minors. The Civil Code states that, as already stated, the condition for financial liability is the fault of the employee, i.e. mental attitude to the deed.

MATERIAL LIABILITY OF MINORS

The Civil Code states that minors aged 14 to 18 years are independently responsible for damage caused on a general basis, and parents, adoptive parents or trustees compensate for damage caused by minors in full or in the missing part only in cases where the minor does not have income or other property sufficient to compensate for the damage caused Art.
The Labor Code also does not exclude workers under 18 years of age from the number of persons bearing financial responsibility for damage caused to the employer through their fault. The legal grounds for the occurrence of financial liability are: the presence of direct actual damage to the employer, the employee’s guilt in causing the damage, the employee’s unlawful behavior, the cause-and-effect relationship between the employee’s unlawful behavior and the consequences that occurred. WATCH THE VIDEO ON THE TOPIC: Elena Ponomareva on ETV “Reward and Punishment of Workers” Part 2
Abstract: Financial liability of minors Financial liability of minors According to parts one and two of the article of the Labor Code of the Russian Federation, the party to the employment contract, the employer or employee, who caused damage to the other party, compensates for this damage in compliance with this Code and other federal laws; the material liability of the parties may be specified in an employment contract or agreements concluded in writing. Protecting the interests of the employee from excessive material pressure from the employer, the legislator determined a list of cases when employees must bear full financial responsibility, and for all other cases established the limits of such liability: according to part two of Article of the Labor Code of the Russian Federation, financial responsibility in the full amount of damage caused may be assigned to employee only in cases provided for by this Code or other federal laws. Such cases are defined in part one of Article of the Labor Code of the Russian Federation.

Disciplinary liability of a minor. Home page.

Documents required for hiring a minor. Termination of an employment contract with a minor employee. During the holidays, many teenagers get a part-time job, which allows the child to gain the necessary skills, certain experience in a particular field of work, and also realize their creative potential. The procedure for hiring minors is almost the same as the procedure for hiring an adult worker.

Basic provisions of 161 Federal Law

161 of the Federal Law on the financial liability of military personnel was enshrined in Russian legislation in June 1999. On June 22 it was accepted by State Duma deputies, and on June 25 it received approval from the Federation Council. A new edition of the document based on N 170-FZ was published on July 18, 2020. The act formulates the applicability of material liability in partial or full order, as well as the measurement of the amount of damage, its value and the compensation procedure.

Federal Law on military personnel in the new edition. more details at the link:

Contents of 161 Federal Law

Ch. 1 (Articles 1 – 3) – a set of universal principles for the operation of the legislative act on the financial liability of military personnel. Description of the concepts used in the text. Bringing the conditions under which the above-mentioned citizens are subject to liability for causing damage;
Ch. 2 (Articles 4 – 5) – formalization of limited and full liability, difference and collection regulations;
Ch. 3 (Articles 6 – 12) – the procedure for determining the amount of damage and the stages of compensation. The procedure for carrying out an administrative investigation upon detection of damage. The procedure for compensation in the event that a serviceman has been demoted or transferred to another duty station. Regulations for compensation of damages incurred by third parties. A set of conditions under which the amount of damage can be reduced. Regulations for payment of compensation;
Ch. 4 (Articles 13 – 14) – a list of the results of the law, as well as the compliance of its provisions with the fundamentals of the Russian legal system. Update of Federal Law No. 161.

The law establishes that employees of the military forces of the Russian Federation, militaristic service bodies and other subordinate structures are obliged to preserve the property transferred for operation and storage in proper form. If the specified material objects were damaged intentionally, the culprit is obliged to compensate their cost. Proving the malicious intent of these actions is often difficult. However, the law determines that if property was damaged by order of a superior commander, then compensation for it is not recovered.

Familiarize yourself with the main provisions of Federal Law No. 161-FZ “On the National Payment System” at the link:

Actual losses, determined in accordance with the accounting documentation for the property of the military unit, become the basis for calculating payments for the cost of damage. It is within the competence of the state to determine the price of military equipment and supplies. In this case, factors such as intrinsic value and degree of wear and tear are taken into account. In the event of an actual violation in the form of appointment to a military position of a candidate who does not meet key parameters, the official will be forced to pay a fine in the amount of the salary of this employee. This provision is determined by Chapter Three of Art. 6 of the current law.

Art. The tenth Federal Law No. 161 establishes that the determination of the scale of the damage caused, as well as the identification of the culprit and the degree of his participation in causing the damage, is clarified during the administrative investigation. Once the official order is issued, he will be fined by deducting a percentage from his salary. If the corresponding decision is made by members of the forensic examination or by a superior person subordinate to the perpetrator, the amount of the fine may be reduced.

A detailed description of the provisions of the law is contained in its current version, which can be downloaded here .