Full material liability contracts
Another quite important aspect in the legal relations of company and the employee, requiring an extensive knowledge in the practice of law – is a material liability contract. The conclusion of such agreements according to the labor law of the Czech Republic takes place, when the direct duties of the employee or group of workers includes operations with material assets of the employer.
In this case a responsibility can be divided into two species and subspecies, respectively: full and limited, collective and individual. In the case of full liability the workers compensate all damage caused to commodity-material assets and property of the employer when performing duties.
When signing a contract of limited liability, the compensation of direct damage to property within the enterprise is a limited amount of legislation. At the same time, while making a contract the lawyer should carefully consider all the details, and strictly adhere to the labor law. Material liability contract is valid under the following conditions:
- it signed only with adults;
- signed by employees who work personally with the values of the company and this is reflected in their duties;
- it is valid only in writing form.
Liability can be related mainly to the employees holding managerial and supervisory positions, such as head, deputy head, Warehouse Manager, Senior Specialist, and so on. A complete individual responsibility for the safety of goods and materials, can also carry the officials working with cash registers, cash machines, the encashment, namely such as:
- collectors and drivers-collectors;
- specialists in debugging cash registers;
As well as experts performing:
- commodities and materials evaluation expertise,
- depository operations,
- purchasing and receiving the goods,
- registration and storage of cash assets, property;
- work in public establishments power;
- installation and construction work involves the use of goods and materials;
- any other officials who are responsible for storing, giving and receiving of goods and materials.
Collective, as well as individual liability, applies to all of the above activities. The amount of compensation and the procedure for payment determined by other conditions, which are described in the contract in accordance with applicable legislation in the Czech Republic and the degree of responsibility to be responsible employees. The size of the material damage, which was caused due to the actions of employees is determined at the time of actual harm to the prices. The amount of damage is corrected under the amortization of commodities and materials in accordance with accounting data.
The process of reparation by withholding funds from the wages of employees (or compensation according to the court) can be done only if the enterprise in a timely manner will determine the extent of the damage and the circumstances in which it was produced. To do this, the employer has the right to organize an investigation involving the commission, consisting of trusted employees.
If the conditions which caused material damage there are the circumstances that indicate the influence of the third force, or a failure to comply with the owner of the conditions of preservation commodities and materials, with a liability of the employee (or group of employees) is removed.
Recovery of material damage without involvement of the court and law enforcement agencies takes place in the performance of a number of conditions, such as the recognition of an employee of his guilt and the willingness to compensate for the amount of damage which does not exceed the monthly salary (if payment is not made in installments).
If the employer and the workers can not come to an agreement on this issue, the procedure for resolving the dispute is determined by the court. The same procedure takes place in the event of defectiveness on the alleged fault financially responsible employee.
To all those provisions had the force, it is necessary to make liability contract properly, taking into account all the nuances of labor and administrative law. The development of universal and transparent agreements – our profile. A team of FChain specialists, that are experts in the legal sphere of labor relations, offering their professional services.
We can help you to produce quality local regulations, job descriptions, labor and collective contracts, as well as contracts of limited and the full liability. Cooperating with us, you are protected against any attack on the values of the company!