If you still decide to enter into an agreement
The meaning of the agreement is to fix the mutual obligations of the parties to the agreement. At the same time, the obligations themselves must not contradict the law. That is, the employer cannot conclude an agreement with the driver on full financial responsibility for the car due to the reasons stated above.
Although there is also not much sense in concluding a standard liability agreement, it will not contradict the current legislation of the Russian Federation.
In addition, this agreement will not deprive the employer of the opportunity to recover the full cost of damage from the employee if the car is damaged as a result of the driver’s unlawful actions, which is directly provided for in Art. 243 Labor Code of the Russian Federation.
If the car is damaged due to the fault of third parties, then compensation for damage will become the responsibility of the insurance company.
You can download a standard standard liability agreement directly on the website.
Regulatory regulation
Any vehicle is an object of increased danger, plus it is a material value of any legal entity and organization, as it is expensive.
Based on these two factors, such a concept as financial liability for a car has appeared in legal and legislative practice.
The very concept of financial liability for a car is contained in the following legislative norms.
- Labor Code. This is a fundamental normative act that regulates all relations arising between an employer and a person working at an enterprise, institution, or organization. It contains the concept of any material liability, regulates the procedure for its imposition, as well as the recovery of material damage from the culprit in the event of damage to the employer’s property, in this case a car.
- Civil Code. It contains rules on the basis of which the person responsible for the damage bears full or limited liability for damage caused to the employer’s car or to third parties in the event of an accident.
In addition, it is necessary to take into account and carefully study the judicial practice on such disputes, as well as the legal positions of the Supreme Court of the Russian Federation (RF Supreme Court), the requirements of the Plenums of the Russian Supreme Court for the consideration of labor relations, as well as disputes regarding the recovery of material damage caused.
It is interesting to know that the current legislation does not provide for the recovery of moral damages from a driver who damaged the employer’s car in favor of the latter.
Full financial responsibility: definition of the concept
Full financial liability involves compensation for damage in full. If you damaged the entrusted property for 5,000 rubles, then return no less. To do this, you will need to conclude an agreement on full financial responsibility with the driver.
However, in order to recover from the employee the full cost of the damage caused, the law provides for cases when an agreement on the driver’s full financial liability is not required. The law means Article 243 of the Labor Code of the Russian Federation. Let us list the main situations and circumstances in which the employee will “return everything”:
- Commission of crime. Of course, the fact must be confirmed by a judicial act - a verdict. When an act “falls short” of a crime, then we are usually talking about an administrative offense. And if damage is caused as a result, you will have to pay;
- intent. If an employee knowingly (intentionally) crashes a company car or computer, then it does not matter whether an agreement on the driver’s financial liability has been concluded with him. He is obliged to compensate for losses in full. Yes, it doesn’t matter whether the person was drunk or sober - the limit of responsibility is the same;
- disclosure of secrets.
It should be noted that the code allows for damages even when the employee did not perform his duties.
IV. Limited financial liability of an employee-driver
The general rule on limiting the amount of financial liability established by the provisions of Art. 241 of the Labor Code of the Russian Federation, fully applies to driver workers. Within a month from the date of final determination by the employer of the amount of damage caused by the employee, recovery of the amount of damage can be carried out by order of the employer. If the month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.
