For the most part at various companies (not just trucking) driver becomes financially responsible for the car. This means that article 242 of the Labour code of Russia obliges the employee to bear all costs for damages in full.
All cases for which the driver is solely responsible, detailed in the Labour code of the Russian Federation. So, for example, have to recover the various missing values, which were given to the driver with the car under the contract with the attached inventory.
Also full material responsibility of the employee occurs when the presence of his guilt in the incident. For example, the left open door, left the keys in the ignition, didn't check the car before sending it to the path and got in an accident due to technical failure. There is also a number of reasons for compensation by the driver applies the wrongful conduct of the latter. Moreover, we consider both action and inaction. For example, if he saw the car open to steal the radio, but never called for help and he had no resistance.
Liability will come only in those cases if was an unstoppable force, there is an urgent need, there were self-defense or were recorded facts of non-performance by the employer of its responsibilities for ensuring the necessary storage conditions of the machine.
Agreement on full material liability of the driver may be concluded with an employee at the age of 18 years and no upper limit. Typically, these will sign the paper with the employees, maintaining or using commodity values (in particular car).
Under the law there is a clearly defined list of who can be a contract of full material liability. It includes:
- heads of warehouses;
- other managers of these warehouses;
- employees involved in the procurement of goods, their transportation, storage etc.;
- housekeeper;
- forwarders.
By signing the contract on full material liability, it is necessary to understand that you are not signed up to safety of the supervisor or owner of the company assets. The subject of the contract is strictly the property which has been entrusted to the employee.
Cases where can cause the responsibility of the driver, very, very much. This and various accidents, and theft from the car of valuables (radio, etc.), and more.
What the law provides
All cases for which the driver is solely responsible, detailed in the Labour code of the Russian Federation. So, for example, have to recover the various missing values, which were given to the driver with the car under the contract with the attached inventory.
If the worker has set in the car your own valuable things, for example, changed the radio, in case of loss for them to ask him not to be. But the native device will have to be put in place.
Also full material responsibility of the employee occurs when the presence of his guilt in the incident. For example, the left open door, left the keys in the ignition, didn't check the car before sending it to the path and got in an accident due to technical failure. There is also a number of reasons for compensation by the driver applies the wrongful conduct of the latter. Moreover, we consider both action and inaction. For example, if he saw the car open to steal the radio, but never called for help and he had no resistance.
Liability will come only in those cases if was an unstoppable force, there is an urgent need, there were self-defense or were recorded facts of non-performance by the employer of its responsibilities for ensuring the necessary storage conditions of the machine.
Who enter into contracts on full material responsibility
Agreement on full material liability of the driver may be concluded with an employee at the age of 18 years and no upper limit. Typically, these will sign the paper with the employees, maintaining or using commodity values (in particular car).
Under the law there is a clearly defined list of who can be a contract of full material liability. It includes:
- heads of warehouses;
- other managers of these warehouses;
- employees involved in the procurement of goods, their transportation, storage etc.;
- housekeeper;
- forwarders.
By signing the contract on full material liability, it is necessary to understand that you are not signed up to safety of the supervisor or owner of the company assets. The subject of the contract is strictly the property which has been entrusted to the employee.
