Damage to the employer’s property: how to establish, the procedure for collecting damages from the employee

The legislation of the Russian Federation regulates cases of occurrence of financial liability of employees for damage to the employer in the course of labor relations in Chapter 39 of the Labor Code of the Russian Federation. It also defines the measures of liability for direct damage caused, as well as the procedure for its recovery.

Depending on the situation, responsibility can be collective or individual. It implies the need for the culprit to compensate the employer for the damage caused in accordance with the law.

Damage to employer's property

Circumstances excluding the employee’s financial liability:

Before recovering damages, the employer must conduct an inspection to establish the circumstances of the case, assess the amount of damage and the degree of guilt of the employee. This procedure is strictly regulated in the Labor Code of the Russian Federation. An explanation is required from the employee. If he refuses to write it, then a corresponding act of refusal is drawn up.

Important!

Financial liability is an independent type of liability and does not exclude administrative and criminal liability. Damage to someone else's property due to negligence, not on a large scale? In practice, there are often situations when employers, in order to protect themselves, enter into an agreement with all employees on full financial liability. Such agreements with employees and positions not included in the above list have no legal force.

. If an agreement is reached between the employer and employee on voluntary compensation for harm, then they can enter into an agreement on installment payments. If an employee quits and refuses to continue paying, then the money can be recovered from him through the court.

Liability arises for damage caused to property knowingly or through negligence. It can be expressed in the following forms:

Important! It does not matter whether the damaged valuables are owned by the hiring company or rented.

So, according to Art. 158 of the Criminal Code of the Russian Federation, theft is understood as the illegal gratuitous seizure and (or) circulation of someone else's property for the benefit of the perpetrator or other persons, committed for personal gain and causing damage to the owner or other holder of this property. This act can be carried out in the form of theft, fraud (Article 159 of the Criminal Code of the Russian Federation), robbery (Article 161 of the Criminal Code of the Russian Federation) and other means. Labor legislation does not define these terms, since dismissal requires a court verdict that has entered into force or a decision of a judge and official authorized to consider cases of administrative offenses. This refers us to criminal and administrative legislation.

When does damage to property not entail financial liability?

The law provides for four cases when an employee is not required to compensate for the cost of damaged or lost valuables:

if the hiring company has not created the necessary conditions to ensure the safety of valuables;
the loss occurred due to force majeure circumstances (emergency, natural disaster, epidemic, military action);
damage is caused by extreme necessity or self-defense needs;
if the existing damage does not exceed the level of normal economic risk for a specific type of activity.

If the incident falls within the above descriptions, the employing company does not have the right to demand financial compensation for losses from the employee.

Recovery of material damage by an employee to an employer

A real decrease in the volume or deterioration in the condition of the employer’s available property (including those transferred to him by third parties under personal responsibility).
Expenses and excess payments made by the employer for the purchase and restoration of property or for compensation of damage caused by the employee to third parties.

When determining the average monthly salary, a calculation period is used , which is 12 months from the date of damage, if known, or from the date of its discovery. Full financial liability occurs only by court decision. There are 2 reasons for this - the corresponding clause in the employment contract or the guilty actions described in Art. 243 Labor Code of the Russian Federation.

At the same time, it is important for the employer to know that he does not have the right to expand the list of cases of full financial liability either by a local act or an employment contract. The amount of damage caused to the employer's property is determined in accordance with the requirements of Art. 246 of the Labor Code of the Russian Federation : The document can be drawn up either in free form or on T-8 form. In accordance with the provisions of the Code of Criminal Procedure of the Russian Federation, damage to someone else’s property is understood as the intentional actions of an employee with the aim of causing damage to the property of the employer, colleagues, or third parties. Thus, when determining an employee’s guilt, the employer should take into account two key conditions: The employee has the right to write a statement to the court, which indicates a demand for compensation for the damage caused.

This application can be submitted both in the case when the manager is still considering the application, and when he has already given a response to it. Part 1 of Article 235 of the Labor Code of the Russian Federation indicates that the employer is obliged to compensate for the harm caused to the employee. Chapter 38 does not contain a list that includes circumstances when the employer’s liability to subordinates arises, however, after analyzing it, the following types can be distinguished.

Actions of the employer to bring the employee to financial liability

Upon the fact of damage being caused by an employee, the employer must perform a certain set of actions, without which it will be quite problematic to recover damages:

Assess the damage caused by the employee;
Assess the degree of responsibility of the employee;
Organize a commission to establish the causes of damage and identify the causes;
Request an explanatory statement in writing from the employee;
An act containing the results of the internal investigation is being prepared;
Under signature, familiarize the employee with the results of the internal audit;
If the damage was caused through the fault of the employee and this is proven, then an order is issued to recover the amount of damage from the employee and this order must be registered;
The employee must be familiar with the order upon signature.

There are 2 scenarios here:

The employee agrees that the damage was caused through his fault and is ready to compensate for this damage voluntarily;
The employee does not agree with the accusations against him of causing damage or does not agree with the amount of damage presented for compensation.

If the employee agrees with the guilt, then labor legislation does not prohibit the conclusion of an agreement between the employee and the employer, which will spell out all the conditions under which further compensation for damage will occur.

If the employee does not agree that the damage was caused through his fault or the amount of damage in the employee’s opinion is clearly overestimated, then the employer has no right to demand money from the employee, especially without permission or agreement to withhold any amounts from wages and in such a situation the employer goes to court and proves in court that the employee caused the damage, proves the amount of damage, and if the court sides with the employer, then the employee will be obliged to compensate for the damage. Court decisions on these issues are completely different, it happens that the employee is completely acquitted, it happens that the court decides to compensate only part of the damage, and sometimes the employee compensates for the damage in full, which does not happen often.

One of the ways to compensate for damage may be the restoration of damaged property at the expense of the employee, deduction from wages, and in such cases the employer does not have the right to withhold more than 20% of earnings; the employee can buy the damaged property himself.

The employer must also check the availability of inventory, the so-called inventory, which will show whether damage has occurred and, if so, its size, as well as the reasons why this damage occurred.

An employee damaged the employer’s property, how to recover damages

There are two types of employer liability:

We all understand that any accusation is always based on evidence and the employer is obliged to collect all possible evidence to bring the employee to justice, otherwise, in the absence of grounds for holding him accountable, if the case comes to court, the employer simply will not be able to prove and justify his demands and recovery in this case will not work.

Moreover, financial responsibility is borne by the employee who is in an official labor relationship with the employer, that is, an employment contract has been concluded between the employer and the employee. The amount of liability depends on the nature of the violation and the employee’s job function. Typically, an employee is held financially liable due to direct damage caused to the employer, in the event of unlawful behavior of the employee and, of course, if the employee’s guilt in causing the damage has been proven. Partial financial liability implies compensation for damage within the employee’s monthly earnings.

Lost profits and lost profits are not subject to recovery.
criminal - if signs of a crime are found in the actions of the violator;
administrative - if the amount of damage does not exceed 2.5 thousand rubles;
disciplinary - punishment is determined by the company’s management in the form of a reprimand, dismissal, etc.;
material - a certain amount is recovered from the culprit to cover the damage caused.

In Art. 243 of the Labor Code of the Russian Federation specifies the conditions when an employee is obliged to compensate the employer for property damage.

he bears full financial responsibility for damage caused to the employer;
the harm was caused intentionally;
the employee was drunk or under the influence of drugs at the time of the damage;
the employee disclosed secret information protected by law;
the employee caused damage while not on duty;
a shortage of valuables entrusted to the employee was identified.

circumstances of the incident;
amount of damage. It is determined by the market value of the property at the time of its damage or accounting data (including depreciation);
the degree of culpability of the employee.

It is important to understand that the owner is free to take any actions in relation to his own things. Including, he can spoil them and even destroy them. True, there is an exception: damage to property and its destruction should not pose a risk to other people’s things. Russian legislation has several articles devoted to damage to other people's property. Damage to property at work due to negligence - labor code? Damaging someone else's property is a serious offense for which liability is provided, including criminal liability. Let's figure out exactly which articles of the law regulate this issue and what damage such damage entails for the perpetrator.

In relation to things that do not belong to a person, such actions are clearly prohibited. Criminal actions that caused unintentional damage to property entail holding the guilty person accountable under the Criminal Code. However, the application of punishment against the offender is possible only in cases where the damage caused by his actions is considered major. Causing moderate harm to health through negligence at work? Punishment measures against the offender are applied when the unlawful act committed meets two conditions: The case is considered under Article 168 of the Criminal Code of the Russian Federation. It states here that criminal liability occurs only in the following cases:

Important!
It is quite difficult to prove the fact of unintentional damage to property. There are situations when you cannot do without the help of a lawyer. Most of these cases can be classified as intentional infliction of material damage, but here a completely different article will apply - 167 of the Criminal Code, which implies a more serious punishment.

Settlement of compensation for damage caused to employee property

According to judicial practice, the employer compensates the damage caused to the employee in the following situations:

loss or damage to property during an industrial emergency;
the safety of personal belongings is not ensured.

The employer's financial liability arises if the employee can prove that damage to his property was caused during the work process in this organization. The employer is obligated to pay compensation when the employee's lost or damaged belongings are used in the work process with the consent of the employer's representatives.

The degree of guilt will vary depending on the conditions. For example, if an employer damaged an employee’s belongings when using them with the employee’s consent, then it is considered that the employer did not comply with the conditions of safety.

Also, if the item was used while performing work functions, the employee may qualify for full compensation for losses. If the employer proves that the damage was caused by other reasons, the amount of compensation will be significantly reduced.

Article for intentional damage to someone else's property

In accordance with the provisions of the current legislation, damage to property implies the application of two types of liability - administrative and criminal.

For such a criminal act, criminal liability is provided in the form of:

In cases where the fact of committing an offense and guilt are fully proven, an administrative penalty is imposed in the form of a fine, the amount of which ranges from 300 to 500 rubles. It is possible to bring this kind of liability to justice provided that 3 months have not elapsed since the commission of the administrative offense. When the results of the examination are ready and the amount of damage caused is known, a decision can be made to initiate a criminal case for damage to property (indicating part of the article) or to refuse to initiate it. In situations where damage to property was carried out in some socially dangerous way (for example, by explosion or arson), as a result of hooligan motives, or resulted in grave consequences (for example, the death of an individual), more severe penalties are applied, and exactly.

Determining the amount of compensation

Financial liability is limited and cannot exceed the monthly earnings of the culprit.

The legislation proceeds from the fact that the creation of conditions for the occurrence of damage can be influenced by objective working conditions.

For example, by the end of a shift or working day, an employee may become tired, self-control and the level of danger assessment decrease, that is, a situation is created that is favorable for the production of defective products, wear and tear, or equipment breakdown.

Damage is collected within 1 month from the date of completion of the inspection based on the rules prescribed by Art. 139 Labor Code of the Russian Federation. In this case, a corresponding order is issued.

When calculating, all types of income in the form of wages at a given enterprise for the last 12 months before the date of collection are subject to accounting, unless other clauses are specified in the collective or labor agreement. All these conditions should not worsen the employee’s situation.

Typical mistakes of an employer when collecting damages from financially responsible employees

We are forced to disappoint those employers who believe that, under an agreement on full financial liability, the employee is by default obliged to compensate them for damage in full in all cases of such damage, even if it exceeds his average earnings. Nothing like this!

The concept of extreme necessity is also not disclosed in the Labor Code of the Russian Federation. But taking into account those definitions that are characteristic of civil and criminal legislation, it is logical to assume that an employee who was forced to cause damage to the employer only in order to prevent even greater material damage or save others cannot be held financially liable.

Continuing the topic of what an employee with whom an agreement on full financial liability has been concluded should and should not bear full financial responsibility, let us clarify that liability in full according to clause 2, part 1, art. 243 of the Labor Code of the Russian Federation can be imposed on the employee precisely for the shortage of property that was entrusted to him, and not for damage to such property. By the way, for the same reason, the employer’s claim for damages in a larger amount, and the employee’s – in a smaller amount, will not be satisfied if, at the time of consideration of the case in court, the amount of damage caused to the employer by the loss of property changes due to an increase or decrease in market prices .

What is included in an employee's property?

What applies to an employee's personal property?

Article 188 of the Labor Code of the Russian Federation allows an employee to use personal property to perform any functions related to the work process, but with the consent of management. In such cases, the employee is paid compensation for wear and tear of his equipment, tools, vehicles, etc.

An employee’s property includes all his personal belongings that are located at the workplace during the work process. Such items include: telephone, personal computer, etc.

Those items that the employee received from the organization as work equipment will not be considered personal. Therefore, if they are damaged due to the fault of the employer, no financial compensation is provided for them.

The damage that can be caused is damage, loss, etc. It can be caused not only by full-time employees, but also by those who perform labor functions under an employment contract or a civil contract. The code states that the employer must compensate for losses caused if they were caused while the employee was performing his work duties.

Labor Code of the Russian Federation, Article 99 Overtime

Obviously, before making any demands on an employee, you need to make sure that these claims are justified and did not arise out of the blue. Moreover, the employer needs to be prepared for the fact that in court it will be necessary to provide evidence of damage and confirm the fact of a shortage of property.

The employee has the right to write a statement to the court, which indicates a demand for compensation for the damage caused. This application can be submitted both in the case when the manager is still considering the application, and when he has already given a response to it. According to the code, financial liability occurs under the following conditions:

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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Liability for damage to property

Responsibility for damage to the employer's valuables is discussed in Articles 241-243 of the Labor Code. The regulatory document identifies two types of it:

limited - the employee repays losses within the average salary per month;
full – the employee pays 100% of the cost of destroyed or damaged property.

Cases in which it is possible to hold an employee fully liable are prescribed in Art. 243 Labor Code of the Russian Federation. These include:

damage to valuables under the influence of alcohol or drugs;
causing damage to the company's assets when committing illegal actions;
the presence in the employment contract of clauses on full responsibility (for example, the head of an enterprise, the director of a store);
identifying shortages of entrusted valuables;
the fact of disclosure of entrusted trade secrets;
causing damage to property outside of working hours.

Important! The employee only compensates for actual damage to the company's fixed or current assets. Lost profits are not considered property damage and do not imply deductions from the employee.

In other cases not mentioned in the legislation, only limited compensation for damage is possible.

An exhaustive list of employees who bear full financial responsibility is given in Resolution of the Ministry of Labor No. 85 of 2002. It is not subject to broad interpretation. If a specific specialty is not named in the document, and the employing company has entered into an agreement with the employee on full financial liability, the document has no legal force and is considered void.

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When can you recover lost profits from an employee – Vershina Law Office

Today we will give you step-by-step instructions on how to recover material damage from an employee without going to court, and we will also tell you about cases when it will not be possible to recover material damage to an enterprise from an employee.

In the course of the activities of any organization, cases may arise when it suffers material losses in the event of damage or loss of property, or as a result of a lost contract. This almost always happens due to the fault of the employees.

And if the damage is significant, the employer’s desire to compensate for the damage caused is quite understandable. But, unfortunately, this is not always possible, and if possible, then not to the full extent.

If the administration of an enterprise intends to punish a guilty employee, then it is imperative that everything is done correctly, otherwise, even if the employer is right, the employee will easily challenge the decision in court.

Cause-and-effect relationship There must be a cause-and-effect relationship between the violation of the right and lost profits. Its presence is determined by the following criteria:

The person's right was violated before the loss occurred.
Violation of the law caused loss of income.

Moreover, the plaintiff needs to prove in court that he has taken all measures to reduce the amount of losses.

Attention

If it was impossible to take these measures, this impossibility must be proven. FOR YOUR INFORMATION! Measures to reduce lost profits must be reasonable.

Important

Otherwise, the court will not take them into account. However, the law does not specify a list of measures that must be taken. Therefore, the person must independently determine the procedure for reducing the size.

Let's look at an example of the plaintiff's actions. The person was supposed to repair the car, but did not do so, which resulted in lost profits.

Lost profits cannot be recovered from an employee

What documents must be provided to the plaintiff? The following documents can be provided as evidence:

Shipping documents.
Papers confirming the fact of payment (invoices, receipts).
The act of acceptance and transfer.
Checks, receipts, certificate of availability of funds in the account.
Agreement on the supply of products, repairs, rental.

The main document on the basis of which collection occurs is the agreement between the plaintiff and the defendant. In what cases will it be difficult to prove the fact of lost profits? Cases involving the recovery of lost profits are considered complex. Often the court denies the plaintiff compensation for damages.

Labor legislation clearly regulates the rules for holding workers financially liable.

However, judicial practice shows that despite this, employers make a lot of mistakes when they try to recover damages caused to them from an employee.

Often the main goal is to recover the costs incurred by the organization because of the employee. At the same time, neglect of legal requirements leads to loss of time, litigation and new expenses.

How to recover damages from an employee when the company’s losses are his doing

If there is no such employee in the organization, then you can invite an outside expert to participate in the commission. Or, another option, the commission requests expert opinion and includes it in the results of the investigation. During the investigation, members of the commission determine exactly what is missing or damaged and withdraw the exact amount in monetary terms.

Step 3. The commission requests an explanation from the guilty employee. It is better to do this in writing and hand it to the employee against signature. This step is carried out in the same way as when conducting investigations regarding the imposition of disciplinary sanctions.
Step 4. The commission examines all the documents and makes a conclusion about the degree of guilt of the employee and the possibility of recovering damages from him. This cannot be done in all cases; they will be discussed in more detail below.
Step 5.

What is lost profit under the Civil Code of the Russian Federation?

A refusal is often issued under the following circumstances:

There are no documents proving the fact of lost profit and its size.
There are no documents proving the defendant's unlawful actions.
The agreement between the plaintiff and the defendant lacks information from which one can draw a conclusion about the amount of lost profits.
The defendant provided irrefutable evidence of his innocence.

If the court issues a refusal, the plaintiff has two options for further action: accept the refusal or file an appeal. Upon further consideration of the case, you need to collect more evidence that you are right.

The court's position regarding cases of lost profits The court is very careful in cases of recovery of lost profits.

Previously, judicial authorities often refused to satisfy claims due to the fact that the plaintiff’s lost profits were exemplary in nature.

For example, a driver used a company car after finishing work and crashed it.

The employee caused the damage as a result of malicious intent.
The employee was convicted of damaging property.
An employee who did not have the right to disclose information protected by law.
When it is possible to withhold damage only partially If the conditions of full financial liability cannot be applied to the employee, but it is also impossible to relieve him of it, then the damage caused will be withheld from him partially, in the amount of average earnings. Note! The damage is not deducted in the amount of the salary for the current month, but rather the average earnings for the year are calculated. With some forms of remuneration, these can be completely different amounts.

Source: https://kvirinal.ru/kogda-s-rabotnika-mozhno-vzyskat-upushhennuyu-vygodu-2/

How is the amount of damage caused determined?

An employer can determine the amount of damage caused in two ways: in general and in a special manner.

The determination of damage in the first case occurs on the basis of Art. 246 of the Labor Code of the Russian Federation: the amount of damage is determined by current losses. To calculate the specific amount of compensation, it is necessary to determine the market price of the damaged property on the day it was discovered.

However, it cannot be lower than its purchase price indicated in the financial statements minus the degree of depreciation.

Thus, determining the amount of compensation in general implies 2 options:

based on actual losses taking into account the market price for the current day;
based on financial statements taking into account wear and tear.

The last option is used if the market price of the product is lower than its purchase price.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

Moscow: +7(499)350-6630.
St. Petersburg: +7(812)309-3667.

The general procedure for collecting compensation allows the employer to compensate for the damage caused to him by withholding an amount not exceeding the monthly salary of the guilty person. He pays the remaining part of the compensation from the company’s funds or insurance premiums if the damaged or lost property was insured.

A special procedure for determining compensation for damage caused is used in the following cases:

the damage occurred as a result of theft, shortage or intentional damage to certain property;
the actual amount of damage caused exceeds its nominal value.

According to labor laws, an employer can deduct no more than 20% from an employee’s salary, and in cases where property damage was caused as a result of a crime - 70%.

The court's position regarding cases of lost profits

The court is very careful in cases of recovery of lost profits. Previously, judicial authorities often refused to satisfy claims due to the fact that the plaintiff’s lost profits were exemplary in nature.

In this regard, changes were made to the Civil Code stating that lost profits can be approximate. This cannot be a reason for refusal. Let's consider special cases from which we can understand the position of the courts:

Due to the unlawful actions of the defendant, the plaintiff was unable to continue renting out the premises. In this case, the landlord can recover rent from the person at fault.
The plaintiff's land plot was seized for state needs. The amount of lost profits is determined based on the nature of the use of the site before the seizure.
If the debtor terminates the agreement with the creditor unilaterally, he must compensate for lost income. At the same time, the creditor must not illegally enrich himself. Lost profits are determined based on the interest on the loan.

It can be said that at the moment more and more claims of plaintiffs regarding compensation are being satisfied.

The plaintiff can seek help from a law firm. This increases the chance of winning the case. It makes sense to see a lawyer if the following circumstances exist:

The amount of lost profits is large. If it is small, then the amount of the expected compensation will not cover the associated costs.
There is a high probability of winning the case. If the plaintiff does not win the case, he will not receive any reimbursement for the services of lawyers and appraisers.

The plaintiff does not have to order a full range of legal services. It is recommended to entrust a lawyer with drawing up a statement of claim, since the outcome of the case depends on the correctness of the plaintiff’s arguments. You can also contact a professional for advice.

The lawyer will assess the likelihood of the outcome of the case and tell you what documents will need to be prepared. However, if there is irrefutable evidence of lost profits and the defendant’s guilt, the plaintiff can handle the case himself.

The procedure for an employer to recover compensation for damage caused

After discovery of damage, the employer may partially or completely waive the claim for compensation if the amount is small and the person at fault has proven himself well.

This decision must be documented in the form of an order.

Having determined the amount of compensation, the employer issues an order to withhold funds. This document must be drawn up no later than a month after the fact of damage to property is discovered and reflected in the inventory report.

The amount collected from the employee cannot exceed his monthly earnings, determined on the basis of his actual wages for 12 months.

Withholding of funds is not possible from the following payments:

business trips;
payments related to the transfer of an employee to another location;
for depreciation of working tools;
maternity benefits, maternity benefits.

If several people are found guilty of causing damage, i.e. the work team, i.e. We are talking about collective financial responsibility (for example, a team), the amount of compensation for each of them is determined individually, taking into account the degree of his guilt and the type of financial responsibility (full or limited).

The amount of deductions in this case is determined by a voluntary agreement between the team and the employer or by the court, if the damage is recovered through legal proceedings.

When can you recover lost profits from an employee?

In the second case, the person expects real costs associated with damage to his property. Real damage implies a deterioration in the present financial situation. Lost profits imply that a situation does not improve when it should have improved. This is lost income. The definition is contained in Article 15 of the Civil Code of the Russian Federation. Let's look at examples of lost profits:

A person plans to rent out an apartment. Neighbors flooded their home. For this reason, the landlord cannot rent out the apartment, meaning he misses out on the expected profit. The costs of restoring the home will be considered actual damage.
The company ordered a batch of products. The supplier failed to deliver the goods on time. For this reason, the organization did not receive the profit that it could have received from selling a batch of products.
The taxi driver got into an accident through no fault of his own. The vehicle is damaged.

Recovery of lost profits from an employee

Statute of Limitations The standard statute of limitations is 3 years. The time limit begins to run from the date when the person became aware of the offense. For example, the defendant missed the delivery deadlines for consumables.

Important In this case, the claim period will begin from the first day of delay. If the contract does not specify the terms of performance, the limitation period begins to run from the moment when the plaintiff has the right to present his claims to the supplier.

Is it possible to recover lost profits from an employee? Sometimes there is a need to recover lost profits from an employee.

Based on Article 238 of the Labor Code of the Russian Federation, only compensation for direct actual damage can be demanded from an employee.

The contractor worked on a full prepayment basis, but the customer terminated two contracts even before their execution and demanded a return of the prepayment. As a result, two heads of the contractor's departments were brought to disciplinary liability, and the director issued an order to withhold lost profits from them.

Using this situation as an example, lawyer Yulia Kudryavets explained in what cases and how an employee should be held accountable for the company’s losses. — Labor legislation provides for financial liability of employees for damage to the organization due to their fault.

Therefore, the director of the enterprise in the above example, like many employers, decided: if the organization suffers losses because of an employee, then this employee must compensate them in any situation.

However, this is only possible under the following conditions:

The plaintiff must have all the documents that prove the existence of lost profits and its size.
The plaintiff will have a chance in court only if he proves that all measures have been taken to reduce the amount of lost profits.
All contracts on the basis of which lost profits were formed must be drawn up correctly. For example, the supplier missed the delivery deadlines for component materials, as a result of which the seller did not earn the money that he should have earned. In this case, there must be a correctly drawn up agreement between the supplier and the seller. It should indicate the cost of components, transportation costs, and delivery times. The seller must provide documents from which the sale price of the product can be determined. It is also necessary to document the fact that the deadlines were missed.

Recovery of lost profits from an employee

If the recovery of direct losses (real damage) usually does not present difficulties in law enforcement practice, then in the recovery of lost income (lost profits) certain difficulties and controversial issues are encountered.

There are some general rules about lost profits.

Thus, if a violation of a right brought a person income as a result, then the person whose right was violated has the right to demand compensation, along with other damages for lost profits, in an amount no less than such expenses (Clause 2 of Article 15 of the Civil Code of the Russian Federation)

What penalty can be applied to an employee who made an error in calculations that resulted in lost profits for the enterprise?

Thank you for your help. You will be able to bring the employee to disciplinary action if the mistake made by the employee occurred as a result of the employee’s failure or improper performance, through his fault, of the work duties assigned to him.

Current legislation provides that the employer has the right to apply disciplinary sanctions to an employee for committing a disciplinary offense, that is, failure or improper performance by the employee through his fault of the labor duties assigned to him (Part 1 of Article 192 of the Labor Code of the Russian Federation)

Lost profits represent income that a person could have received under normal conditions of civil circulation if his right had not been violated.

Thus, if, in the event of real damage, the property mass actually changes towards a decrease, then the lost profit represents the absence of an actual increase in the property mass, when there was a real possibility of its increase.

Meanwhile, the issue of proving lost profits is very, very difficult, and an analysis of judicial practice shows that quite often the courts refuse to recover lost profits, because the plaintiff has an incorrect idea of what and how to prove in the matter of lost profits.

According to the general rule, in order to recover damages, the plaintiff must prove three elements in their totality: the fact of violation of the terms of the contract and the fact of causing losses and the amount of these losses, as well as the most important element of this construction - the presence of a cause-and-effect relationship between the fact of violation of the terms of the contract and the losses caused. Accordingly, proving lost profits due to the specifics of this type of loss, namely the probabilistic nature of lost profits, involves the need to prove the real possibility of receiving income in the future. When determining the amount of lost profits, you must be guided by clause.

The employee bears financial liability both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons.

The employee's financial liability is excluded in cases of damage 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.

To find out how to do this, contact a lawyer for a free online consultation. We know law enforcement practice in Moscow and the Moscow region well, and understand all the nuances of conducting such cases.

What factors will influence the adoption of a positive court decision to recover lost profits from the defendant? Firstly, the court will examine the evidence that the plaintiff did everything possible to ensure that his income grew, or at least did not decrease: he looked for new suppliers and consumers, entered into lease agreements for premises, and had employment contracts with employees.

Material liability of an employee for damage caused to the employerTypes of financial liability of an employee

We will provide legal advice and defend in court if it is necessary to recover financial liability from the employee and compensation for damage is required. The employee’s financial liability for damage caused to the employer must be recovered.

In what cases and how is the employee’s financial liability collected under the law? To what extent should we demand recovery of material damage and is such a demand legal in the current circumstances? Last time we talked about the employer’s financial responsibility to the employee.

Ruling of the Voronezh Regional Court in case No. 33-97 Unreceived income (lost profits) cannot be recovered from the employee

Upon completion of the transfer of inventory items, comparison of receipt documents and invoices, according to which inventory items were transferred to new retail outlets, a shortage of inventory items reported to the sales team, which, in addition to the defendant D.N. included B.E. and D.A. in the amount of 35,319 rubles. 49 kopecks YES. and B.E. - members of the sales team of the Strela-6 store, which included D.N.

Moscow lawyers

A round table was held in the State Duma on the topic “Protection of individual rights in Russian criminal proceedings: improving Russian legislation to strengthen the legal status of a lawyer.”

Is it possible to make a fortune in an old attic? One of the enterprising townspeople almost managed to make a fortune in the old attic of one of the houses in Moscow.

The “owner” of the attic was prevented from doing this by vigilant neighbors.

If lost profits are not subject to recovery from the employee

1 answer. Moscow Viewed 105 times. Asked 2012-04-27 10:51:11 +0400 in the topic “Loans” After a court order to recover funds in favor of the victim, how does everything happen?

— After a court order to recover funds in favor of the victim, how does everything happen?

Court decision on recovery of lost profits

, RUB 2,373 interest for the use of other people's funds. 02/13/2012 Arbitration Court

Moscow made a decision according to which 726,867 rubles were recovered from Trading Equipment LLC in favor of Yves Rocher Vostok LLC. 00 kop. debt, 111,487 rub. 00 kop. penalties, RUB 2,373. 80 kop.

percent, expenses: for state duty 7,135 rubles. 57 kopecks, per representative 6,500 rubles. 00 kop. The rest of the claim was denied.

Labor Code of the Russian Federation (LC RF) from N 197-FZ

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.

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.

Labor legislation is obliged to calculate the recovery of lost benefits from a former employee

significant in law Art. 139 of the Labor Code of the Russian Federation and the Creation on the peculiarities of the procedure for collecting average wages (approved by the Majority of the Freezing of the Russian Federation dated 24.

Often, homeless and disabled performers violate the rights of the claimant, who, before the time of leather, could have been improved on store shelves. To those who control, I reload that, watermelon, directory, grapes, hat, potatoes. Collection of lost profits from a former employee. Negative premature data from printers is for low productivity XIX benefits of lost recovery of the former employee from that, I hope Ordered the books on the site - calf, so that they could under However, not long before the antimicrobial time in

Recovery of damages and lost profits

Legal bureau "Argument" is one of the most famous and powerful legal services in Saratov. Handling such categories of cases is our specialization. The Bureau's employees are among the best, so comments from the company's lawyers on legislation can be read in almost all Saratov media.

During disputes in this category, including lost profits, special attention must be paid to calculating damages.

Source: https://urist-rostova.ru/vzyskanie-upuszennoj-vygody-s-rabotnika-49627/

Recovery of Lost Profits

We know law enforcement practice in Moscow and the Moscow region well, and understand all the nuances of conducting such cases.