Violation of labor protection requirements: types of liability and fines for workers, employers and officials under the Criminal Code of the Russian Federation

Who is responsible for labor protection

At any enterprise, workers are given safety training. For violation of labor protection requirements, a specialist is subject to disciplinary, material, administrative or criminal liability.

According to Article 22 of the Labor Code of the Russian Federation, the employer is obliged to ensure safe working conditions at work. For such violations, the manager personally or the person entrusted with the responsibility to ensure the normal functioning of the enterprise is responsible.

The organization of safety rules in the company is regulated by Article 217 of the Labor Code of the Russian Federation. It is on the basis of this that the person responsible for carrying out preventive measures and providing the workplace with the necessary means bears full responsibility when violations are detected.

Attention! The following specialists may be responsible for occupational safety and health at work:

director of the enterprise;
immediate boss, founder of the company;
individual entrepreneur;
a specially invited specialist who is licensed and accredited;
department for labor protection at work with its head at the head of the department.

If a company employs more than fifty people, a department for labor protection and safety at work must be organized. Moreover, it does not matter whether it is a state-owned enterprise or a private one.

The form of ownership in this case does not matter. It is necessary to understand one thing - if the company is large, a special division must be opened here to deal with the organization, protection and safety of labor.

Law

ATTENTION! Article 22 of the Labor Code states that occupational health and safety is an area of activity for which the management of each enterprise is responsible.

Also, a specially authorized person appointed by management may be responsible for compliance with safety regulations..

Security organization is carried out taking into account Article 217 of the Labor Code of the Russian Federation. The manager or safety engineer must carry out preventive measures to prevent accidents.

If an incident occurs at an enterprise that results in the death or injury of a person, those in charge are the first to bear responsibility and their work is checked. Who at the enterprise should be responsible for compliance with safety standards under the Criminal Code of the Russian Federation and the Labor Code of the Russian Federation?

This is the head of the enterprise (firm, organization).
Immediate boss.
Individual entrepreneur.
Accredited and licensed specialist.
Composition of the labor protection department and its management.

An occupational safety department must be created if more than 50 people work at a production facility, plant, or complex. This department performs important tasks - it organizes labor protection and monitors compliance with safety standards.

When does criminal liability occur?

Criminal liability for violation of labor protection requirements at an enterprise arises in accordance with Article 143 of the Criminal Code of the Russian Federation:

the employer personally violates labor protection and safety requirements;
the requirements are violated by persons responsible for creating normal working conditions in production;
if violation of the requirements led to serious harm to the health of an employee of the enterprise or any other person;
if the violation resulted in the death of any person;
if, due to violation of labor safety rules, the property of workers or the enterprise was caused great damage.

Requirements for labor protection at work are contained in special regulations developed at the enterprise. All employees without exception are familiar with the provisions. The training is carried out by the person responsible for this. Each specialist signs in a special journal. This is a mandatory rule that all organizational forms of enterprises follow.

Criminal liability for violations of labor protection requirements

The historical experience of the development of the Russian state indicates that the legislator, taking into account the ongoing changes in society, paid attention to the criminal legal protection of the labor rights of citizens. In this regard, there is a need to study legal systems, including criminal legislation, that protected these vital interests, since in the current normative education there is a certain element of the past. One of the tasks of comparative law is the study of history, as this makes it possible to consider the phenomena under study in development, in relationship and interaction with other factors of socio-political life.

Labor protection as a system for ensuring the safety of life and health of workers in the process of using their labor is one of the most important conditions for a decent life and free development of every person.

The implementation of the provisions of the legislation of the Russian Federation regulating the right of citizens to work in conditions that meet safety and hygiene requirements is largely ensured by the existence of a coherent and effective system of state management of labor protection.

In the first monuments of Russian law (Russkaya Pravda, Code of Laws of 1497, 1550, 1589, the Council Code of 1649), there were no provisions on criminal liability for crimes against the labor rights of citizens.

It is possible to trace legal acts on liability for violation of labor protection rules starting from the middle of the 18th century, when active trade began in Russia, factories and factories began to be created, and industrial production began to emerge[1].

The technical re-equipment of industry, the replacement of manual labor with machine labor, the introduction of various engines into production required, on the one hand, the acquisition of new production skills and careful attitude to complex mechanisms by civilian workers, and on the other hand, compliance by factory owners with mandatory regulations on labor protection for workers who were kept in the Mining Charter, Construction Charter, factory and craft industry regulations.

“In 1734, during the reign of Empress Anna Ioannovna, supervision over working conditions was established in the person of one chief commissar and three commissars “for better supervision of factories.” In 1744, under Anna Leopoldovna, a law was passed regulating work in factories and factories and limiting the time of night work[2]“

Criminal liability for violation of occupational safety and health regulations was first formulated and legislated in the Code on Criminal and Correctional Punishments of August 15, 1845, and the first factory law was issued in Russia also in 1845.

In the Code of Criminal and Correctional Punishments adopted in 1845, liability for violation of these regulations was provided for in Section VIII “On Crimes and Misdemeanors against Public Improvement and Decoration”, in Chapters VIII (On Violation of the Rules of the Construction Charter) and IX (On Violation of Factory Charters). and craft industry).

Thus, Article 1058 of the Code prescribed: “For a violation of the technical or other rules prescribed by the Construction Charter, established for the protection of personal safety, the architect, architect’s assistant or other construction technician, or the contractor who undertook the construction under the contract, is guilty.” wholesale, it is prohibited to build buildings and enter into construction contracts in bulk for a period of time determined by the court from one to two years, with an announcement about this in the departments of both capitals and in local provincial ones.” At the same time, everything that was incorrectly arranged was corrected or altered at the expense of the guilty persons. In those cases where the erected building or other structure was destroyed due to improper construction, the punishment was more severe - imprisonment for a period of two to four months (Article 1059 of the Code).

If we analyze the Code of 1845, it becomes obvious that it did not contain a norm similar to the one currently existing in Article 143 of the Criminal Code of the Russian Federation, which would provide for liability for violation of labor safety rules that resulted in consequences in the form of harm to health or death of a person. Despite this, already during the period of validity of the Code of 1845 in Tsarist Russia, occupational injuries as a result of non-compliance with labor safety rules were becoming more widespread every year.

In 1885, due to objective reasons prevailing in Russia, the Code on Criminal and Correctional Punishments was adopted in a new edition. Its great achievement was that it placed the labor of certain categories of workers - minors and teenagers - under special criminal legal protection. The Code provided for a special section III “On violation of regulations on the work of minors in factories, factories, manufactories and craft establishments.”

Then the first criminal norms began to be created regarding liability for violations of labor protection rules. Thus, in the Criminal Code of 1903, a special chapter was allocated, which was devoted to this type of violation, it was called “On violation of regulations on personal hiring”[3]. It contained articles relating to ensuring safe working conditions for workers, as well as rules providing for the responsibility of workers who decided to go on strike if they were not satisfied with their wages or working conditions. Moreover, special attention was paid to protecting the labor of minors, adolescents and women.

An analysis of pre-revolutionary legal acts allows us to conclude that the legislator classified criminal violation of labor protection rules as an attack on public and personal safety, identifying the owner of a plant or enterprise as a special subject of the crime.

It seems that the legislator of that time took the path of creating special offenses for violating labor protection rules in certain areas of industrial production, ignoring the great preventive value of the general offense of violating labor safety rules. But this is most likely explained by the fact that in some areas of the Russian economy, for example in agriculture, manual labor was the basis of production for a very long time, therefore, there were no special labor protection rules for them.

A comparative legal analysis of the mentioned monuments of domestic criminal law in the field of labor protection allowed the author to identify their theoretical and practical significance for further improvement of the norm providing for liability for violation of labor protection rules in the current Criminal Code of the Russian Federation.

According to the author, these features in the field of criminal law protection of safe working conditions for minors and adolescents can be borrowed when revising the elements of the crime defined in Art. 143 of the Criminal Code of the Russian Federation. In particular, it is proposed to establish increased liability for violation of labor safety rules resulting in the death of a minor through negligence.

In the first years of Soviet power, legal regulation in the sphere of establishing control over compliance with labor protection rules was ensured through the issuance of various decrees. Only from 1917 to 1922, that is, before the approval of the first Soviet Criminal Code of 1922, over 300 regulations were issued that contained criminal law norms to one degree or another. An analysis of the legislation of the period 1917-1922 shows that starting from the first days of the revolution, the Soviet government paid great attention to the fight against violations of labor laws.

It is obvious that the repeal of previous legislation, in particular criminal procedure (Charter of Criminal Proceedings of 1864), necessitated the establishment of new rules for determining the jurisdiction of cases, the procedural order of their consideration, and consolidating the rights and obligations of persons participating in the case. The absence of a single codified legal act undoubtedly led to significant difficulties in judicial practice when resolving such cases. This explains the large number of decrees issued in the first years of Soviet power concerning procedural issues in the consideration of cases of violation of the labor rights of citizens and, in particular, labor protection rules.

Nevertheless, substantive criminal law norms were also adopted to ensure the rights of citizens to work and labor protection proclaimed by the revolution. These include the resolution of the Council of People's Commissars of the RSFSR dated October 5, 1928 on the mandatory implementation of agreements providing for a list and deadlines for the implementation of planned labor protection measures[4], resolutions of the People's Commissariat of Labor on the safety of work in paper mills (1919), on safety measures at work in production of cold processing of metals by cutting (1926), on work safety measures in forging production (1926), on work safety measures in wood machining industries (1926), on working outdoors in the cold season (1929), about the working conditions of loaders during loading and unloading operations (1931), etc.

Separate decrees established criminal liability for failure to comply with labor protection regulations for workers. For example, the Council of People's Commissars of the RSFSR, in view of the increasing incidence of violations of labor protection regulations, by the Decree of April 27, 1922 “On penalties for violation of labor protection regulations,” decided that violation of special labor protection standards is punishable by a fine of not less than one hundred million rubles and up to one billion rubles[ 5], or forced labor for a period of at least three months or imprisonment for a term of up to one year. At the same time, people's courts were obliged to consider such cases no later than a week from the time the case was received from labor inspectors[6], and in cases where the violation was clearly undisputed, by way of a court order.

The regulation of criminal violations of labor protection rules in the criminal codes of the Soviet period was carried out as follows: the Criminal Code of the RSFSR of 1922, which contained the chapter “economic crimes,” did not distinguish this type of crime as an independent crime. Then the Criminal Code of the RSFSR of 1926 already identified violation of labor protection rules as a separate crime. The Criminal Code of the RSFSR of 1960[7] also provided for criminal liability for violation of labor safety rules. In particular, in Art. 140, a norm was established according to which violation of the rules and norms of labor protection and industrial sanitation by a person who, in accordance with the established procedure, was entrusted with the obligation to comply with these rules and norms at enterprises, institutions, organizations, regardless of the form of ownership, was recognized as criminally punishable, if these violations could lead to accidents with people or other serious consequences. Articles 214-216 established criminal liability for violations of safety rules for mining, construction work and work in explosive workshops and explosive enterprises.

The division of these compounds took place according to the generic object that the crime encroaches on: the crime provided for in Art. 140 of the Criminal Code, related to attacks on political, labor and other rights and freedoms of a citizen; crimes under Art. Articles 214-216 of the Criminal Code constituted a type of encroachment on public safety, public order and public health.

The modern institute of occupational safety management began to be created in our country in the 90s and currently has an established legal framework and extensive judicial practice. Legal regulation of labor protection, in our opinion, is an order regulated by laws and regulations, issued within the powers and jurisdiction of bodies and their officials, mandatory for execution by lower bodies and officials authorized to ensure their implementation or strictly comply, as this required from other subjects and participants in labor relations.

Legal regulation of labor protection is based, as already mentioned, on the Constitution of the Russian Federation[8], federal laws, regulatory legal acts of the constituent entities of the Russian Federation, Conventions of the International Labor Organization, generally recognized principles and norms of international law. Since 1991, the Russian Federation, having declared itself the successor of the Soviet Union, has voluntarily assumed the obligation to follow the international agreements previously adopted by the USSR. The international community has developed certain rules, compliance with which is obligatory for countries participating in unique agreements, because it (compliance) protects the right of citizens to safe work, conditions that prevent damage to the health and life of participants in any production activity, obliging those responsible to compensate for damage caused to the employee , employer, any individual or legal entity due to non-compliance with the procedure and rules for ensuring environmental safety[9]. As for the Criminal Code of the Russian Federation of 1996[10], we note that it retains the previous system of norms on liability for encroachments on safe working conditions. At the same time, some changes and additions were made to specific crimes.

The analyzed article 143 of the Criminal Code of the Russian Federation was placed by the legislator in Chapter 19 of the Criminal Code of the Russian Federation “On crimes against the constitutional rights and freedoms of man and citizen.” This article constructs the material elements of the crime with a clear indication of the consequences, which are a mandatory feature of the crime in question: causing grievous harm to health (Part 1 of Article 143) or the death of a person (Part 2 of Article 143).

Thus, in national legislation, labor protection is given significant attention; another thing is that its implementation, control over its implementation should be much better, tougher, more systematic and necessarily with the specific application of appropriate measures to violators[11].

[1] History of Russia A.S. Orlov, V.A. Georgiev, N.G. Georgieva, T.A. Sivokhina. M., 1999. pp. 205-212.

[2] Petrosyants E., Ryabets V. Development of labor protection in Russia // Labor protection and social insurance. 2009. No. 6. P. 65.

[3] Velikiy A. A. Development of criminal legislation on liability for violation of labor protection rules in the Russian Federation // Law theory and practice. 2003 No. 7.

[4] Collection of laws of the RSFSR. 1919. No. 5. Art. 54.P.46

[5] Collection of the most important legislative materials on safety. M., 1949. P. 8-13.

[6] The labor inspector was obliged to immediately draw up a report in case of violation of labor protection regulations and send it to the appropriate court within 24 hours.

[7] Criminal Code of the RSFSR of October 27, 1960 // Gazette of the Supreme Council of the RSFSR, 1960, No. 40, Art. 591

[8] Constitution of the Russian Federation ((adopted by popular vote on December 12, 1993) // Rossiyskaya Gazeta. December 25, 1993, No. 237.

[9] Karpova O.N. Essence, content, classification of normative legal acts regulating labor protection // History of State and Law, 2009, N 1 P.14

[10] Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ // Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended and supplemented on October 16, 2012).

[11] Vakulin Yu.V., Matveev SP. Labor rights of citizens as an object of criminal legal protection // Criminal policy of the state: questions of theory and law enforcement activities. Voronezh: VEPI, Voronezh. Institute of the Ministry of Internal Affairs of Russia, 2006.P.3

Qualification of violation of labor laws

The exclusion method is one of the most effective ways to qualify crimes related to violation of labor protection requirements at work.

In this regard, a crime can be qualified under Article 143 of the Criminal Code of the Russian Federation if it includes several characteristics:

the sign of negligence is determined by identifying the actions or inactions of the guilty person that are not aimed at committing a crime. Punishment for negligence is determined based on the provisions of Article 293 of the Criminal Code of the Russian Federation;
a sign of abuse of power is determined by identifying a violation in connection with incorrect instructions from a higher-ranking person. Such a crime is qualified under Article 258 of the Criminal Code of the Russian Federation;
a sign of violation of safety rules at work is determined by establishing this fact. Punishment in relation to the perpetrator can be taken on the basis of Article 216 of the Criminal Code of the Russian Federation;
a sign of harm to the health and life of the victim is an interchangeable fact. Instead, damage to the property of an enterprise, as well as death due to negligence, is sometimes used. However, if such a charge is made, it is subject to consideration under Article 118 of the Criminal Code of the Russian Federation;
Causing death by negligence is subject to mandatory punishment under Article 109 of the Criminal Code of the Russian Federation.

Thus, we can conclude that a person guilty of violating labor protection requirements is held accountable not only under Article 143 of the Criminal Code of the Russian Federation, but also under other provisions of the law. And only on the basis of them can a truly correct punishment be chosen, corresponding to the degree of guilt.

Please note! If a crime is classified under two related articles, then the punishment is chosen only under one of the provisions. As a rule, people are brought to justice not under Article 143 of the Criminal Code of the Russian Federation, but under other, more serious ones.

Rights of pregnant women at work under the Labor Code 2020.

How night hours are paid according to the Labor Code of the Russian Federation, read here.

Where to complain about an employer, read the link:

Results

Criminal liability for violations of labor safety standards is established by the provisions of Art. 143 of the Criminal Code of the Russian Federation. Law enforcement practice under this article is ambiguous. The key tasks of law enforcement agencies and courts when conducting cases on it are the correct qualification of the crime (taking into account the presence of articles on similar offenses in the Criminal Code of the Russian Federation), establishing the status of victims and the circle of suspects based on their work responsibilities, and determining the corpus delicti.

Tags: possible, legislation, violation, responsibility, protection, labor

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Who is recognized as a victim?

The victim in our case is a person who was performing work duties at the time the crime was committed. It was he who suffered from the weak organization of labor protection at work. Sometimes it happens that specialists are seriously injured or even die. It is in this case that a criminal case is initiated.

Please note that the injured person may not always perform direct work duties. He can help a colleague at work, can move around the workshop, and engage in other activities that are not prohibited at the enterprise.

The main thing is to be present at the scene of the crime.

Who is recognized as a victim under Article 143 of the Criminal Code of the Russian Federation?

In all cases, the person performing a labor function at the time of the incident. The fact that the injured person performs a labor function is established:

1. Always when the injured person at the time of the incident was performing a labor function under a valid employment contract.

Everything here is obvious and undeniable: the responsible person who committed the act, as a result of which a person suffered, is punished (in the absence of other grounds to believe otherwise) under Art. 143 of the Criminal Code of the Russian Federation, since the victim was his work colleague.

2. If at the time of the incident the victim (determination of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 597-О-О):

performed work under a civil contract;
performed work without concluding any contract.

However, in both cases, a condition must be met: the actions of the injured person at the time of the incident must have characteristics characterizing an employment relationship. Such signs include, for example:

an agreement between the injured person and the employer on the consent of the former to carry out the orders of the latter at a certain time and place (that is, during working hours on the territory of the enterprise);
the consent of the injured person to comply with the internal regulations of the employer;
the injured person receives payments on a regular basis.

In turn, when qualifying an act under Art. 143 of the Criminal Code of the Russian Federation is also important.

Who is found guilty

A person authorized to resolve such issues is found guilty of violating labor safety requirements at work.

Remember! It could be:

head of the enterprise;
general director of the company;
individual entrepreneur;
the head of any department where the incident occurred;
security unit specialist;
head of the labor protection department;
another person authorized to deal with issues of ensuring labor safety at work.

Please note that any employee who has neglected labor safety rules and considered it necessary to violate them can act as a suspect. For example, if to complete a job it is necessary to work in pairs, and one of the specialists does not directly follow safety precautions, then it is obvious that he will be found guilty.

A person who meets one of the following criteria becomes a suspect:

the specialist refused to take action when a violation of occupational safety requirements was discovered, for example, a warehouse worker does not provide a workshop specialist with special uniforms;
if the employee gave an instruction that contradicts labor protection rules and led to a violation;
if the manager took personal part in violating labor safety requirements at work, for example, monitoring the production process of a product without proper uniforms for employees.

At an enterprise that employs more than fifty people, a labor protection and labor protection unit must be created.

If the violation occurred at a private enterprise with less than 50 employees, then the manager, that is, the individual entrepreneur, bears responsibility.

The accused or suspect meets the following requirements:

an adult or a minor citizen who has reached the age of fourteen;
a sane person with no mental problems.

Who is considered a suspect for violating labor safety standards?

This is recognized as:

1. A person who has an employment contract with the employer, with whom, in turn, the victim at the time of the incident was in an employment relationship (or equivalent to an employment relationship in accordance with the criteria we discussed above).

A suspected person may hold a position (clause 3 of the resolution of the plenum of the RF Armed Forces of April 23, 1991 No. 1):

head of the company, deputy;
chief engineer;
chief specialist

In addition, any employee who, due to his official position, is charged (by contract or by virtue of the employer’s local regulations) with the obligation to ensure compliance with labor safety requirements at a specific site of work can be considered a suspect.

Status of a suspect for an act under Art. 143 of the Criminal Code of the Russian Federation, a person meeting any of the specified criteria can receive it if he:

did not take the measures necessary to eliminate the violation of labor protection requirements known to them;
gave instructions, the implementation of which implies a violation of labor protection requirements;
supervised the work without ensuring compliance with labor protection requirements.

2. A person responsible for labor protection and working for an individual entrepreneur who has a staff of more than 50 people (and in accordance with Article 417 of the Labor Code of the Russian Federation is obliged to establish a labor protection service in the company).

3. Individual entrepreneur with a staff of no more than 50 people, obliged to independently ensure labor safety (Article 22 of the Labor Code of the Russian Federation).

In addition, any suspected person must be sane and have reached the age at which criminal prosecution is possible (Article 19 of the Criminal Code of the Russian Federation).

How is the crime established?

It is permitted to apply Article 143 of the Criminal Code of the Russian Federation if the corpus delicti has been established.

Attention! A crime is considered committed only if there are facts directly pointing to it. If it is not possible to establish a cause-and-effect relationship between the evidence and the crime, it is not considered during the trial.

If there is no reason to blame the suspect for committing crimes, then he is not brought to justice. All ambiguities are interpreted only in favor of the accused. If the court does not have enough evidence to impose punishment, then the suspect is released from liability.

If the incident would have happened anyway, then no one needs to be blamed for it. This happens when the employee did everything correctly, but the violation occurred due to defective labor tools.

If the suspect, for good reason, could not provide safe working conditions, then he is released from liability. For example, if at the time of the incident he was in the hospital.

If the accused tried to prevent the commission of a crime, then the least punishment is chosen against him. For example, if the manager noticed the fact that an employee was intoxicated and relieved him of his work duties, and the specialist, in turn, refused to stop working.

Punishment according to law

The law establishes punishment in accordance with the application of Article 143 of the Criminal Code of the Russian Federation. The weakest measure is limited to a fine of up to 400 thousand rubles. This is equivalent to deprivation of income of the perpetrator for up to one and a half years.

The law makes it possible to assign compulsory work. Their duration is limited to 240 hours. A frequently used punishment is forced labor. Their term does not exceed one year. Correctional labor is a more severe punishment. This period is limited to two years.

Important! The most severe preventive measure is imprisonment. In this case, the period does not exceed one year.

It should be noted that any punishment by court decision can be supplemented by another measure - suspension from performing certain duties for a period of up to three years.

In what cases is exemption from punishment possible?

Sometimes the guilty person is released from punishment.

This can only happen in the following cases:

if the victim does not want to bring the perpetrator to justice;
if the guilty person has completely repented of his crime and wants to atone for his guilt by any means;
if the crime is a long time ago according to the rules for applying the statute of limitations.

When determining the penalty, the court takes into account the following points:

whether the perpetrator repents;
characteristics of the suspect;
the degree of guilt of each party;
the victim's opinion;
aggravating and mitigating circumstances, for example, the suspect being intoxicated at the time of committing the crime or the pregnancy of the perpetrator.

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The procedure for holding an employee accountable

The procedure for bringing an employee to disciplinary liability for violating labor protection requirements is given in Art. 193 of the Labor Code. It includes the following steps:

A disciplinary violation is documented in a memo addressed to management or an official protocol.
The manager sends a request to the employee to provide explanations.
If an explanatory note is not provided within three days, then a special act is drawn up about this . At the same time, the absence of an explanatory statement is not a basis for releasing the perpetrator from liability.
The employer issues an order to bring the employee to disciplinary liability . There is a limitation period of 1 month for its publication.
The employee must be familiarized with the provisions of the order within 3 days after its issuance.

According to the provisions of Art. 194 of the Labor Code, a disciplinary sanction is lifted within a year after its imposition, provided that there is no new punishment. Guilt for a misdemeanor can be withdrawn earlier based on a statement received from the employee or his boss.

The employee has the right to appeal the disciplinary sanction imposed on him in the labor dispute commission, which operates on the basis of the trade union. This can be done within 90 days after being subject to an unjustified penalty.

In case of illegal dismissal of an employee, he has the right to go to court to protect his interests. You can appeal the termination of an employment contract within a month after the incident.

The procedure for bringing an employee to financial responsibility generally repeats the above algorithm.

When bringing to financial liability, it is additionally required to determine the amount of damage caused based on average market prices in the region where the company operates. It should also be taken into account that if the amount of liability exceeded the employee’s average earnings for 12 months, then it can only be recovered with his consent.

The head of the company bears full financial responsibility without restrictions.

According to the provisions of Art. 247 of the Labor Code, the employer is obliged to conduct an inspection to establish the amount of damage or the causes of its occurrence.

The need for compensation for damage arises for the employee regardless of whether he is brought to disciplinary, administrative or criminal liability. But in the Labor Code in Art. 239 provides the grounds for exemption from compensation for harm:

upon the occurrence of force majeure circumstances;
at normal economic risk;
in case of emergency or necessary defense;
if the employer fails to fulfill the obligation to provide proper conditions for storing entrusted property.

Employees can be brought to administrative and criminal liability only by decision of authorized authorities, and not by the employer. Thus, the decision to impose a fine on an employee in accordance with the norms of the Code of Administrative Offenses is made by the leadership of the labor inspectorate. Admission of guilt is made in court.

If an employee is brought to administrative responsibility, he may be forced to pay a fine, but in the future he may receive compensation for it from the employer.

An employee can only be sentenced to criminal liability by a court on the basis of a case initiated by the prosecutor’s office, police or the Investigative Committee.