When an employee’s responsibilities include the use of valuable company property (for example, expensive equipment, a car, etc.), it is natural to think about a document that will protect the value of material assets in the event of damage or destruction. An agreement on full financial responsibility is a good option. However, it applies to the employee only under certain conditions. We are talking about adults in certain positions in accordance with the job description, as well as employees working remotely and at home.
What does current legislation say on this topic?
A person who is financially responsible must deal with accountable things – this comes from his job responsibilities. That is why the employee will be responsible for damage to material assets. And on the part of the employer, it is quite logical to strive to protect the property of the enterprise so that in the event of damage caused, its value is not lost.
It is impossible to conclude an agreement on financial liability for property in cases where the employee’s direct job responsibilities are not related to the use of such property, except in cases of remote or home work.
Full and partial financial liability: differences
As a rule, in the relationship between an employee and an employer in the context of property, the principle of limited liability applies. Especially when there is no corresponding agreement. Without such an agreement, full liability is exclusive and applies when the employee’s guilt in the damage caused has been proven. That is why employers, in order not to experience problems with compensation for losses in the event of property damage, are interested in concluding appropriate liability agreements with employees. For an agreement to truly protect the interests of the company owner, professional lawyers must work on it.
When we talk about the cost of an agreement for full compensation of property, it depends on many factors that influence the complexity of working on the document.
Some people decide to use typical contract templates from the Internet on their own, since this seems at first glance to be a more economical solution. However, such a choice may result in losses and the inability to defend one’s truth in court when the contract provisions have gaps and do not regulate property relations between the employer and employee well enough. It is much better when the norms of the document are carefully thought out, and their development was worked on by lawyers who regularly perform similar work and have sufficient experience in it. The team of the Prikhodko&Partners law bureau employs just such specialists. We will help you efficiently, and all clauses of the contract will be spelled out quite carefully.
What is important to know about interaction within the framework of the contract?
The conclusion of this type of agreement is provided for in Article 135-1 of the Labor Code. In order for the norms of the document to be used efficiently in practice, the following recommendations should be taken into account:
- responsibilities for working with such entrusted property and its safety, clearly provided for in the job description or conditions of work;
- in order for, according to the terms of the contract, it is possible to recover damages, the employee’s guilt in the destruction or damage of property must be proven (a causal connection between the loss and failure to fulfill duties or use for one’s own purposes).
It is important to know that the employee is not required to sign such an agreement, unless it is home-based or remote work, his profession is included in the list, or he is an official of the enterprise. Therefore, in order to conclude agreements on full financial liability with certain workers, the need and advantages of such an agreement should be clearly articulated.
What can the law firm Prikhodko&Partners offer?
The team of our law office can offer 2 categories of services in the matter of developing an agreement on full financial liability:
- Proofreading and adjustment of the contract. For example, your company’s lawyer has drawn up the text of the contract, adapted specifically to the specifics of the enterprise’s work, but there is a need to check the opinion of a third-party competent specialist. Such a decision will be wise and justified, because a person working in a company’s team is often very immersed in internal processes and does not have the opportunity to look at the specifics of the relations regulated by the document with an impartial look. At the same time, another competent lawyer can suggest some significant aspects that he knows from his experience in working on numerous similar requests.
- Development of a liability agreement from scratch.
This will be appropriate for those companies that do not have their own lawyer on staff, but want the contract to be of the highest quality and different from template open access samples, which do not provide for many possible aspects. This is where the services of a law firm specializing in such contracts will become necessary.
The law office “Prikhodko&Partners” is a team of experienced professionals who know their field and will help you conclude just such an agreement that will fully reflect the needs of your company.