How good it is when we have a beloved man near us, from whom we don’t have to hide anything, but in a relationship there is complete mutual understanding and trust!

But, unfortunately, not always, when meeting our half, each of us can boast perfect relationship. Why is this happening? It would seem that there is love and respect, but there is no common ground, and relationships are constantly broken into petty quarrels?

Someone may say that it is necessary to get used to each other, to get to know each other better. Yes, there is some truth in this. But at the same time, many are skeptical that a horoscope occupies a significant place in relationships between people.

And very in vain. After all, thanks to astrology, you can get to know your partner better and understand how you should behave with him, taking into account the characteristics of your characters. Today in the article we will consider the features of the behavior of male Taurus-Tigers and their characteristics.

general characteristics

The Tiger-Taurus man achieves everything he wants in life. This is due to the strong male core. Such men try to keep everything and always under their control. And, as practice shows, they do it quite well.

Such men can only be strong and ambitious. Fortune favors the Taurus Tiger men in life, and they try to use its capabilities to the maximum.

Along with this, it is worth noting that their character is characterized by excessive irascibility and temperament. But they are also characterized by such traits as patience and generosity, which are harmoniously combined in true Taurus-Tigers. These men will always come to the aid of those who need it.

Due to the fact that they combine the incompatible, such Taurus manages to attract the attention of not only the representatives of the weaker sex, but also most strong half of all mankind. Most likely, therefore, representatives of this sign are always surrounded by a large number of friends, admirers. But this happens not only due to the natural qualities of male Taurus. Their ability to smooth out conflicts and remain impartial in them plays a big role.

But there are also situations when the Tiger-Taurus man is not ready to give in and betray his principles. In such cases, the conflict can develop into a big quarrel, after which it will be very difficult to establish contact with him.

In most cases, the priority of such men is spirituality. Choosing between the material and the spiritual, they will always choose the latter. And in some cases, they get so carried away with the spiritual life that not only do they forget about friends, but the family can also take a backseat. Why it often doesn't work out family life, and by the end of their years they remain alone.

Compatibility in love

Men of this sign are very cautious about new relationships with the opposite sex, despite the fact that the nature of the Tigers is very dynamic and this corresponds to their lifestyle. In relationships, they prefer romance and gradual development. They have a negative attitude towards short-term novels that do not have a continuation.

Very often, the family comes first in life. Apart from the fact that they can be consumed by spirituality, for women, the connection with such a man can be a real test.

As for the compatibility of this sign with women, an active dynamic partner who can share his hobbies is the best fit for him. At the same time, she should be open in showing feelings for her man and sincere with him.

Such a Tiger-Taurus man and a woman are perfect for each other only if they learn to give in to each other, which can be a real test of their relationship. And since a man in such a pair, having fallen in love with a girl, will try his best to do everything to create a family with her, representatives of many zodiac signs will be able to approach him.

What is the Tiger-Taurus man like in family and marriage

The family is of great importance for representatives of this sign already in more adulthood. In their youth, they try to achieve everything as much as possible. professional activity. And also, due to age, they cannot always be found with a partner.

But if they decide and create a family, they become wonderful fathers and husbands. For a wife, they can become a real support. Since they manage to maintain absolute calmness in many situations, not only the wife, but also most of the relatives turn to them for advice. In the family, they always occupy a dominant role.

Career and finance development

As noted above, in professional activities, Tiger men achieve their goals. This happens due to their subtle flair and insight. They try to always catch all the subtleties of the case, even if others may not pay attention to them.

They have a very developed spirit of competition, so they always try to be the first in everything. Such a man is suitable for active work. It is best for him to think about starting his own business. They are very sociable, so such men will be good at gathering people around them and managing them.

Health

Throat diseases are inherent in this sign. It is their weak point according to astrologers.

It is worth paying attention to the state of the thyroid gland. Otherwise, a man runs the risk of becoming obese, which he will suffer throughout his life. By old age, he can be tormented by diseases of cardio-vascular system. All this can happen due to nervous tension, which is difficult for representatives of the sign to get rid of.

From the foregoing, we can conclude that Taurus-Tigers need to monitor their throat and head so that they are always warm. And, of course, try not to get nervous over trifles, which will significantly save their nervous system.

17.04.2016

Ownership in Russian Federation recognized and protected by the state. Accordingly, private, state, municipal and other forms of ownership are recognized and protected in the same way. Liability of employees for damage caused to the employer in the performance of labor duties is one of the means of protecting the employer's property rights.

Liability of employees according to labor law

Careful attitude to the property of the employer is one of the main duties of the employee under an employment contract (Article 21 of the Labor Code of the Russian Federation). In cases where he violated the requirement of the law to take care of the property of the employer, as a result of which the employer suffered property damage, the employee is obliged to compensate for this damage. In other words, employees are subject to material liability according to the norms of labor law, which is defined as a measure of state coercion, which consists in imposing on the employee the obligation to compensate, in the manner and amount established by law, the damage caused through his fault to the organization with which he is in labor relations.

The legal basis for the institution of material liability of workers is formed mainly by constitutional norms, for example, Art. 8 of the Constitution of the Russian Federation, which establishes the forms of ownership and their inviolability, as well as the Labor Code of the Russian Federation (Ch. 37, 39).

The material liability of employees according to the norms of labor law must be distinguished from other measures of material influence, namely:

• Deprivation or reduction of the amount of the bonus provided for by the system of remuneration and remuneration based on the results of the annual work of the organization (where such remuneration is provided for by local regulations containing labor law norms).
• Reducing the coefficient of labor participation in the collective form of organization and stimulation of labor.
• Holds out wages produced on the basis of the law (Article 137 of the Labor Code of the Russian Federation).

Regulatory legal acts, regulating compensation for material damage caused to the employer, are designed to:

• First, to ensure the safety of the property of the employer and employee, to prevent the facts of waste and mismanagement.
• Secondly, to promote the strengthening of labor discipline.
• Third, to ensure the protection of workers' wages from excessive and illegal deductions.

Liability according to the norms of labor law encourages employees to work in such a way that there is no damage, loss, destruction, theft of material assets. It is called upon to play a serious role in the fight against violations of state discipline, which may be distortions of operational and accounting reports and postscripts. Such phenomena not only bring significant harm to the normal activities of the organization, but also cause material damage, which, as practice shows, is expressed to a greater extent in the theft of unaccounted for or unused material values.

The subjects of material liability in labor law, as it was said, can be both an employee and an employer (organization), regardless of the form of ownership on the basis of which the this organization. As economic and judicial practice shows, nevertheless, the subject of legal relations for material liability in the sphere of labor is primarily an employee who caused material (property) damage to the employer by his unlawful guilty actions (inaction).

Conditions for holding an employee liable

Norm Analysis Labor Code The Russian Federation, in particular Articles 233, 238 of the Labor Code of the Russian Federation, leads to the conclusion that the employee’s liability arises for damage caused to the employer only if a combination of the following conditions is established:

1. Existence of direct actual damage.
2. Wrongful behavior of an employee.
3. Causal relationship between the employee's unlawful behavior and the existence of damage.
4. The fault of the employee in causing damage.

These conditions are mandatory and in the absence of at least one of them, it is impossible to hold the employee liable under labor law.

1. Existence of direct actual damage must be proven. Evidence of the occurrence of damage is the statement of the party to the employment contract, confirmed by documents and other evidence, including testimonies.

In paragraph 2 of Art. 55 of the Civil Procedure Code of the Russian Federation, it is established that evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision. Evidence is characterized by the fact that it represents actual data, i.e. information that correctly and sufficiently reflects the circumstances that are important for determining the existence of material damage caused to one or another party to the employment contract.

Unlike civil law, only real damage (also called direct or actual damage) that the employer or employee actually caused is subject to proof. In civil law, in addition to real damage, unearned income is also recovered, which a person (natural or legal) would have received if normal conditions civil turnover, if his right had not been violated (lost profit or lost income). norms labor law recovery of lost income (profit that the employer could have received, but did not receive as a result of illegal actions (inaction) of its employees) is not provided.

2. Wrongful behavior of an employee is a legally significant circumstance when bringing him to liability. Behavior (action or inaction) is recognized as unlawful if it violates certain obligations assigned to the party to the employment contract by the relevant labor standards. The main duties of the employee are provided for in Art. 21 of the Labor Code of the Russian Federation. In addition, the obligations of the employee arise from the content of the employment contract, as well as the rules of the internal work schedule.

Illegal is the behavior of an employee in which he does not perform his job duties or performs them improperly, but only those duties that are directly or indirectly related to careful attitude to material values ​​(property of the employer and other employees) in accordance with Art. 21 of the Labor Code of the Russian Federation. These obligations are usually specified in special acts that determine the procedure for saving, storing and using property and other material assets. These acts, in addition to laws, decrees of the President of the Russian Federation, resolutions, orders of the Government of the Russian Federation, include internal labor regulations, job descriptions, various rules, instructions and orders of the employer.

Inaction is recognized as unlawful if the above acts impose on the parties to the employment contract (or on one of them) the obligation to perform certain actions that one or another party has not fulfilled. If this applies, in particular, to an employee, he must be familiarized with such an act.

3. causationbetween the unlawful behavior of the employee and the existence of damage is one of the mandatory conditions for bringing him to liability. Proving this circumstance involves the presentation of evidence confirming the connection of non-performance or improper performance duties imposed on the employee in compliance with the law with the occurrence of damage. Of course, there is no liability for accidental consequences.

4. The fault of the employee in causing damage should be taken into account when deciding whether to bring him to liability. In labor law, guilt is understood as the mental (internal) attitude of a person to his unlawful behavior and its consequences (results).

Distinguish guilt in the form of intent (direct or indirect) and in the form of negligence (arrogance, negligence, imprudence). Direct intent takes place when the employee is aware of the illegal nature of his action (behavior), foresees the possibility of harmful consequences (damage) and wishes them to occur. With indirect intent, the employee, aware of the unlawfulness of his behavior and understanding the possibility of material damage, does not want this, but allows the onset of harmful consequences or is indifferent to their occurrence.

Negligence in the form of arrogance consists in the fact that the employee, realizing the illegal nature of his action (inaction) and the possibility of material damage as a result of this, frivolously hopes to prevent the latter.

Negligence, imprudence is evident where the employee was not aware of the unlawful nature of his behavior and did not foresee the possibility of causing damage, however, due to the circumstances of the case, he should have and could foresee.

Any form of guilt can serve as a basis for bringing an employee to liability under labor law (of course, if there are other conditions for liability provided for by law).

When deciding whether to bring an employee to liability, the division of intent into direct or indirect intent has no practical significance. At the same time, the difference between intent and negligence plays a certain role, since in some cases the limits of liability (limited or full) depend on the form of guilt. If the damage is caused by the intentional actions of the employee, including when the employee did not want, but knowingly allowed the possibility of damage, then material liability arises in full size damage caused (clause 3, part 1, article 243 of the Labor Code of the Russian Federation).

Circumstances excluding material liability of the employee

In some cases, the law provides for a rule according to which the material liability of the employee to the employer is excluded. In particular, in accordance with Art. 239 of the Labor Code of the Russian Federation, such cases include: the occurrence of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer’s failure to fulfill obligations to ensure proper conditions for storing property entrusted to the employee.

Force majeure (force majeure) is an extraordinary and unavoidable event or circumstance under the given conditions ( disaster, for example, flood, earthquake, some social phenomena, for example, military operations, man-made accidents).

It is not allowed to impose material liability on employees for such damage that arose as a result of normal economic risk.

The resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52 (clause 5) states that the actions of an employee that correspond to modern knowledge and experience can be attributed to normal economic risk, when the goal set could not be achieved otherwise, the employee properly fulfilled the tasks assigned to him official duties, showed a certain degree of care and discretion, took measures to prevent damage, and the object of risk was material values, and not the life and health of people.

As a circumstance relieving the employee from liability due to the absence of unlawful behavior, the fulfillment of the requirement (order, order) of the employer (his representative) to commit actions that led to material damage may act.

Article 240 of the Labor Code of the Russian Federation gives the employer the right to refuse to recover damages caused by the employee, in whole or in part. The employer can use this right taking into account the circumstances in which the damage was caused, the financial situation of the employee and other circumstances. Such a refusal is permissible regardless of whether the employee bears limited liability or liability in full, and also regardless of the form of ownership of the organization.

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Hello! In this article we will talk about the liability of the employer.

Today you will learn:

1. What is the liability of the employer;
2. How is it reimbursed, and in what cases;
3. What documents are required for its reimbursement.

What is the liability of the employer to employees

Each employee of any enterprise, when hiring, gets acquainted not only with the conditions of the work process, but also with his financial responsibility. Employees should be aware of when the employer is fully financially responsible to them.

The liability of the employer to employees is understood as the obligation to compensate for the losses caused. The main legislative act regulating relations in the field of compensation for harm is the Labor Code. Chapter 38 of the Labor Code of the Russian Federation contains a list of cases in which the head is obliged to immediately resolve the issue of providing compensation.

However, in the course of the work process between the employer and his employees, documents may be signed that clarify the points of their financial responsibility. These conditions are prescribed in or in an additional agreement. Moreover, their norms must comply with the law, and the degree of responsibility must also be maintained.

Conditions under which the liability of the employer comes:

• If in the process labor relations, illegal actions were committed on the part of the head;
• If, as a result of the actions of the manager, the employee is harmed to health or personal property.

The occurrence of such conditions indicates that the employee can apply to the organization in which he works with a request to compensate for the damage caused on a voluntary basis. If his application is refused, then the victim has the right to prove his case in court.

Types of full liability of the employer

The legislator indicated only two conditions under which the full liability of the employer to the employee comes. But if you study them in detail, it turns out that their content is much more voluminous.

The employer's responsibilities include:

• Compensation for damage as a result of which the employee is unable to perform his job duties. Such situations are described in Art. 234 TK.
• Article 235 of the Labor Code states that the employer is obliged to compensate for the damage caused to the employee's belongings. For example, with the consent of an employee, he used his car for official purposes and caused damage to him. In this case, the manager must compensate for the costs associated with the repair of the car.
• Art. 236 of the Labor Code contains information that if the employer did not pay the employee wages or other mandatory payments on time, and as a result he suffered damage, then the manager must take measures to eliminate the consequences of such a situation.
• Compensation for damages due to the occurrence of moral damage.

Let's take a closer look at each of these types of liability.

Depriving an employee of the opportunity to work

The cases in which the employee cannot perform his direct labor duties include:

1. Illegal dismissal, suspension from work duties, transfer to another place of work;
2. Unwillingness to restore, delay in the restoration of the employee at the previous workplace. In the event of such a case, the employee must have a decision of the state labor inspectorate;
3. Retention of employee documents. For example, a work book. It is important to check for records. It should not contain information on illegal dismissal.

The presence of these circumstances leads to the impossibility for the employee to get a new job, which means that he has no income. The employer is obliged to fully compensate for the damage caused.

Financial responsibility of the employer in case of damage to the property of the employee

The employee's property includes things that he has on the right of ownership or under a lease agreement. The harm that can be caused to them is damage, damage, loss, etc.

Moreover, damage can be caused not only by regular employees, but also by those who carry out labor activity contract of employment, or civil liability, and act on behalf of the organization. In any case, the damage caused to the property of the employee must be fully compensated.

The victim appeals to the management with a request to restore the harm caused. Within 10 working days, the employer considers and takes appropriate actions to resolve the issue of compensation for harm.

If the employee’s application is left without consideration or the amount of compensation does not suit him, then the employee always has the right to apply to the judicial authorities.

Compensation for damage by the employer in case of delay in wages and other payments

Delays in wages and other payments remain the most topical issue to date.

Other payments include:

• vacation pay;
• Payment for unused vacation. Usually it is carried out upon dismissal;
• Providing compensation for pregnancy, childbirth and child care;
• Others.

Moreover, the legislator has set the deadlines for the provision of such payments. For example, wages must be paid at least 2 times a month on the days set by employers, vacation pay - 3 days before the vacation, etc.

In case of non-receipt of money, the employee can apply to the state labor inspectorate or to the Supreme Court. If the employee terminated the employment contract, then he must apply within a period of not more than 3 months from the date of the delay.

In cases where the employee continues to work, then the period of his appeal is unlimited in time, because the circumstances of the delay in payments are of a long-term nature.

Do not forget that the employer is obliged to reimburse not only the amount of payment, but also compensate each day of delay at the established refinancing rate of the Central Bank of the Russian Federation. The amount of the delay is paid to the employee together with the amount of the principal debt.

It is also worth noting that an employee who has not been paid wages has the right not to go to work until the debt is completely eliminated. Notify the employee of the possibility of settlement with him, the employer must in writing. If such a notification has been received, then the employee is obliged to go to work and begin his work duties the next day after receiving the notification.

Responsibility of the employer in case of moral damage to the employee

Moral injury - this is the onset of moral and physical suffering from the illegal actions of the employer.

For example, the organization refused to conclude an employment contract or pay overtime work, or there were cases of admission of insults of a religious nature, etc.

According to the law, the issue of compensation for non-pecuniary damage must be resolved as a result of an agreement between the parties. If it is impossible to achieve it, then the only way out is to go to court.

When determining the amount of monetary compensation, both the degree of the employer's fault and the level of moral or physical suffering of the victim are always taken into account. The employee is obliged to provide evidence to the court that he has incurred moral injury.

These may be:

• Information about the disease resulting from nervous state from the current situation;
• Difficult financial situation due to delayed wages;
• Other moments.

A summary of the types of financial responsibility of the employer to employees is presented in the table:

As practice shows, in reality, everything is quite different. Many workers, not knowing their rights, are in no hurry to restore justice or do not apply for it due to many life situations.

For example, the fear of losing a job, dragging out time until retirement, there is no way to find another job. The employer often takes advantage of such circumstances and allows violations of the rights of employees.

Employer liability claim

Any appeal by an employee to the organization must be supported by an appropriate document. The process of compensation by the employer for the harm caused to the employee begins with the writing of a statement by him. Usually it has an arbitrary shape. In it, the employee must state in detail the whole essence of the issue, and indicate in what form he wants to accept compensation. The head cannot leave such a document without consideration; moreover, the legislator has set a deadline for resolving the issue for him.

Established by the Labor Code of the Russian Federation cases of full material liability of the employee to the employer.

The liability of an employee is special kind responsibility, which consists in the obligation of the employee to compensate for the damage that he caused to the employer as a result of violation of the labor duties assigned to him.

There are two types of employee liability:

• limited liability;
• full liability.

Cases of full liability, when the employee compensates for the direct actual damage caused to the employer in full, are established by article 243 of the Labor Code of the Russian Federation. This list cases is closed and not subject to extended interpretation.

Imposition on the employee in accordance with the law of material liability in full for damage caused to the employer in the performance of the employee's labor duties.

The obligation to compensate material damage in full must be enshrined in the Labor Code of the Russian Federation or another federal law. For example, by virtue of Part 1 of Art. 277 of the Labor Code of the Russian Federation, the head of the organization bears full liability for direct actual damage caused to the organization.

Identification of the shortage of valuables entrusted to the employee on the basis of a special written agreement or received by him under a one-time document.

Inventory assets can be transferred to the employee both for the entire period of performance of his labor duties, and one-time.

With an employee who maintains inventory items on an ongoing basis, an agreement on full liability must be concluded. The list of positions and works providing for the conclusion of agreements on full individual or collective liability was approved by the Decree of the Ministry of Labor of the Russian Federation dated December 31, 2002 No. 85. For example, full liability comes from the cashier of the organization, in case of a shortage Money at the register.

The transfer of valuables to an employee on a one-time basis implies a transfer by proxy. In this case, no contract is concluded with the employee, the values ​​are transferred to the employee for a certain period and for a specific purpose, he is responsible for their safety.

Intentional damage.

The employee must commit intentional actions aimed at causing damage to the property of the employer. The employee himself may desire the onset of negative consequences for the employer or is indifferent to them. But it is his actions that should cause damage to the employer, there must be a relationship between the action and the damage.

For example, System Administrator, offended by the decline quarterly bonus, disconnected computers from the protection system. As a result, a number of computers broke down and caused damage to the employer due to the need to repair them.

Causing damage in a state of alcoholic, narcotic or other toxic intoxication.

In this case, the employee must be in a state of intoxication and in given state harm the employer. It is the state of intoxication that gives rise to the basis for the recovery of material damage. If the employee had caused damage while sober, then he would not have incurred full liability.

The fact that the employee was in a state of intoxication, the causal relationship between the state of intoxication and the damage caused must be proven.

For example, a driver committed a traffic accident causing mechanical damage to a company car while intoxicated.

Causing damage as a result of the criminal actions of the employee, established by the court.

In this case, the damage to the employer must be caused by the criminal actions of the employee. The verdict or decision of the court must be accusatory, not acquittal. The actions of the employee must be qualified as a crime, and the damage to the employer must arise as a result of criminal actions.

For example, an employee stole a laptop from work, hoping that the loss would be attributed to visitors to the organization.

Causing damage as a result of an administrative offense established by the relevant state body.

In this case, the fact of committing an administrative offense must be established by the authorized body. And as a result of an administrative offense committed by an employee, the employer must bear the damage.

For example, exceeded the speed limit. The fact of violation was fixed by technical means. An administrative fine was imposed on the employer.

Disclosure of information constituting a legally protected secret (state, official, commercial or other).

In this case, an employee who, by virtue of the performance of official duties, has access to restricted information, allows their disclosure. At the same time, it does not matter whether the employee acts in his own interests or simply improperly performs his official duties, the main thing is that confidential information has become available to third parties. As a result of the disclosure of information to an outside employer, damage was caused.

For example, an employer is fined for violating personal data laws. The violation was committed through the fault of the employee responsible for the processing of personal data.

Causing damage not in the performance of work duties by the employee.

In this case, the employee causes damage to the employer during the period when he is not supposed to perform official duties.

For example, on his day off, the driver arbitrarily took a service truck to transport building materials to his dacha. transporting Construction Materials The driver allowed the car to overturn, causing significant damage to it.

Unfortunately, in our time, disputes between employees and employers arise quite often, and one has only to “ask” google to give results for the query “employers' lawlessness” and the search engine will offer several hundred thousand results. This suggests that the topic of employer's responsibility is quite relevant and many people ask themselves questions every day about whether the employer acted lawfully in relation to them in this or that situation and how they can protect their rights. Naturally, this leads to the fact that the issue of responsibility is also acute among employers, whose rights are sometimes infringed no less.

Understanding this topic can be quite difficult and to protect your rights it is better to contact qualified lawyers. However, in general, everyone needs to navigate this issue, and in order to help both parties understand it, the Faculty of Medical Law has prepared a series of articles “Employer's Responsibility”.

In this article we will consider the general provisions regarding the responsibility of the employer to the employee. The rest of the articles can be found at the links below:

Article 419 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) contains an indication of bringing persons guilty of violating labor legislation to five types of liability. Among them, applicable to the employer, four can be distinguished (with the exception of the disciplinary one):

• material
• civil law
• administrative
• criminal

First of all, if we talk about the responsibility of the employer to the employee, then we mean material and civil liability. As for administrative and criminal liability, it arises from the employer to the state. However, often such responsibility comes just for violation of the labor rights of the employee. Therefore, in this series of articles, we will also briefly consider these two types of responsibility.

Disciplinary responsibility can only come from the employee, therefore, there is no place for it in the article.

General provisions on the liability of the employer are contained in section XI of the Labor Code of the Russian Federation. The essence of liability is obligations of a party to an employment contract(in our case, the employer), causing damage to the other party(in our case, an employee), repair this damage.

According to Art. 233 of the Labor Code of the Russian Federation for the onset of liability, the following conditions must be met:

• the presence of property damage to the injured party;
• unlawfulness of the action (inaction) that caused the damage;
• causal relationship between the illegal act and property damage;
• guilty of committing an unlawful action (inaction), unless otherwise expressly provided for by the Labor Code or other federal law.

Chapter 38 of the Labor Code considers four grounds for the occurrence of the liability of the employer:

1. unlawful deprivation of an employee of the opportunity to work,
2. damage to his property,
3. delayed salary and other payments,
4. causing moral harm to an employee.

Read more about the obligations and consequences for the employer caused by such circumstances in the articles "", "".

Another form of legal liability aimed at restoring the violated rights of an employee is civil liability. This type of employer's responsibility to the employee takes place in cases where he is responsible for the specified violation according to the norms of not labor, but civil legislation.

In this case, the mechanisms for protecting the rights of an employee are reflected in Articles 15 and 151 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and consists in the following rules:

• An employee whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.
• If moral harm (physical or moral suffering) is caused to a citizen by actions that violate his personal non-property rights or encroach on non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the duty monetary compensation said harm.

As we can see, the civil liability of the employer, as well as material, consists mainly in the imposition of property sanctions on him. In this regard, these two types of responsibility are often confused and even combined. According to some legal scholars, liability is, in fact, civil law (S.S. Alekseev, S.N. Bratus, R.O. Khalfina, etc.).

More about distinctive features material and civil liability of the employer to the employee you can read in.

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In addition to the workers themselves and trade union bodies, the observance of labor legislation and the rights of workers is also monitored by supervisory authorities. In this regard, employers sometimes have to answer for the committed offenses not only to employees, but also to the state.

Well, if you manage to get off with only one administrative punishment, for example, a fine. But there are cases when the violations of the employer are so great that the guilty person can even be held criminally liable.

The administrative responsibility of employers is established by the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). Mandatory element the occurrence of such liability is the presence of fault.

Article 2.2 of the Code of Administrative Offenses of the Russian Federation distinguishes two forms of guilt:

• Intention - an administrative offense is recognized as committed intentionally if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently;
• Negligence - an administrative offense is recognized as committed through negligence if the person who committed it foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds, presumptuously counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have could have foreseen them.

You can read more about the main violations of employers in the field of administrative law, as well as the sanctions provided for such offenses, in the article "".

Criminal liability of the employer may occur in case of violation of the constitutional rights of citizens, prescribed in Art. 37 of the Constitution of the Russian Federation: “Labor is free. ... Forced labor is prohibited. ... Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination ... Everyone has the right to rest. A person working under an employment contract is guaranteed the duration of working hours established by federal law, holidays and holidays paid annual leave...

It should be remembered that the basis of criminal liability is the commission of an act containing all the elements of a crime under the Criminal Code:

• object is public attitude which is protected by the Criminal Code;
• the objective side is a set of features that characterize outward manifestation crimes (in particular, action / inaction, causal relationship; time, place, situation and other detailed data);
• subject - individual who commits a crime (medical worker);
• the subjective side is the mental attitude of a person to the socially dangerous act committed by him (guilt, motive and purpose). The guilt of a person can be in the form of intent (direct or indirect) or negligence (criminal frivolity or criminal negligence).

Unlike administrative offenses, the types of violations in criminal liability are more socially dangerous, therefore, in criminal liability, the sanctions against the employer are more stringent.

You can find a visual table showing the offenses of the employer and the articles of the Criminal Code of the Russian Federation, according to which criminal liability is provided for such violations, in the article "".

In order to understand in more detail the issue of the employer's responsibility to the employee, we recommend that you familiarize yourself with other articles of this section.