We are talking about the full financial responsibility of the driver, mainly in cases where a company car is mentioned. In such situations, it is necessary to very clearly define what is the scope of the driver's responsibility, so that in disputable situations he does not have to overpay for the damage caused.
For the most part, at various enterprises (and not only motor transport), the driver becomes the financially responsible person for the car. This means that Article 242 of the Labor Code of Russia obliges the employee to bear all the costs of compensation for damage in full.
There are a lot of cases when the driver's responsibility can come. These are various accidents, and the theft of valuable things from the car (radio tape recorder, etc.), and much more.
What the law provides
All cases for which the driver is fully responsible are detailed in the Labor Code of the Russian Federation. So, for example, you will have to restore various shortages of values that were transferred to the driver along with the car under a contract with an inventory attached to it.
If the employee has installed his own valuables in the car - for example, changed the radio tape recorder, in case of loss they will not be asked for them. But the native device will have to be put in place.
Also, the full financial responsibility of the employee comes in the presence of his fault in the incident. For example, he left the door open, left the keys in the ignition, did not check the car before setting off, and got into an accident due to a technical malfunction. Also among the reasons for compensation for damage by the driver himself is the unlawful behavior of the latter. Moreover, both action and inaction are considered. For example, if he saw that the car was being opened in order to steal the radio tape recorder, but at the same time he did not call for help and did not offer any resistance.
Material liability will not come only in cases where there was force majeure, an urgent need arose, necessary defense took place, or there were facts of failure by the employer to fulfill his obligations to ensure the necessary conditions for storing the machine.
With whom they conclude contracts for full financial responsibility
An agreement on the full liability of the driver can be concluded with an employee aged 18 years and older and without an upper limit. As a rule, such papers are signed with those employees who serve or use commodity values (in particular, a car).
According to the legislation, there is a clearly defined list of those with whom an agreement on full liability can be concluded. It includes:
- warehouse managers;
- other managers of these warehouses;
- employees involved in the procurement of goods, their transportation, storage, etc.;
- castellans;
- freight forwarders.
When concluding an agreement on full liability, you should understand that you do not sign up for the safety of all the property of the head or owner of the company. The subject of the contract is strictly the property that was entrusted to the employee.
