The conclusion of an agreement on full liability is not possible with every employee
According to the Decree of the Civil Chamber of the Armed Forces of the Russian Federation, dated December 25, 2017 No. 14-KG17-29, the rules on reducing the amount of damage to be recovered from an employee can be applied by the court when reviewing claims for recovery of damage caused to an employer, not only at the request of the employee, but on the initiative of the court.
In the event that such an application has not been received from the employee, the court, during the deliberation of the case, must bring it to the parties to discuss the issue of reducing the amount of damage to be recovered and assess the circumstances relating to the material and marital status of the employee.
Specialist of the judicial board noted that the legislation provides for specific requirements under which the employer can conclude a written agreement with the employee on full material responsibility, as well as a list of positions and work, the performance of which such agreements may be concluded.
In turn, the failure of the employer to comply with the requirements of the law on the procedure and conditions for concluding and executing such an agreement may serve as a reason for exempting the employee from his duties, and to compensate for damages incurred caused by his or her own fault in an amount higher than his or her average monthly salary.
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