In this consultation the answer to a question is presented: In what conditions workers can’t be involved in a liability?
Question-answer
It is impossible to involve the worker in a material otyovetstvennost in the absence of causal sledstvennoj communications. It is displayed in p.1 Art. 130 the Labour Code slovami "workers suffer … the damage liability, caused to the enterprise … owing to a naruyosheniye…". Violation should cause a damage, and the damage should be a naruyosheniye consequence. Relationship of cause and effect – is a kayotegoriya philosophical, however in law it is expressed entirely specifically.
Attraction to a liability vozyomozhno only in the presence of fault of the worker. Osyonovany for approach of a material otvetyostvennost can be not only criminal intent, and and wine because of imprudence. More often workers are drawn to a liability just in the presence of fault in the form of imprudence. Sometimes fault form yavlyaetsya basis of differentiation of borders of an otyovetstvennost of workers. So, Art. 133 item 1 the Labour Code establishes a limited material otyovetstvennost for damage of materials because of negligence, including at their manufacturing, and also tools, the measuring devices, special clothes and other subjects, vydanyony to the worker in using. For deliberate destruction and deliberate damage of the same property the full liability (is established to Art. 134 item 5 the Labour Code).
Art. 133 the Labour Code doesn’t allow assignment on a rabotyonik of a liability for a damage who treats category of standard production and economic risk. The risk – this concept which characterizes activity (postupki) the worker and as the sign can svidetelstvovat about violation of rules of works by it, official duties, but can be inherent and to lawful behavior of the worker.
(On materials The magazine for a ker_vnik).