Any material liability of the parties to the employment contract requires a written agreement

One of the types of penalties is the material responsibility of the parties to the employment contract (compensation for damage to the injured party). Damage means deterioration of the state of entrusted property, reduction of its quantity, including property taken for storage (use) from third parties. At the same time, it is stipulated by separate clauses:

• Full or partial liability of the parties to the employment contract can not be more or less in relation to each other;
• The basis for exemption from compensation for damages are acts of force majeure, natural economic risk, the emergence of conditions of extreme necessity (the need for defense), as well as the failure to provide conditions for proper storage;
• Each of the parties, in case of causing harm, must prove not only the fact of its existence, but also its real size, based on the market value in a given locality;
• Loss of profit and loss of profit due to damage to the collection is not subject to penalties;

In the Labor Code of the Russian Federation, the concept of liability is defined and acts identically, both in respect of the employee and the employer. The agreement on damages is individual or collective. It comes into force when it is discovered that there are shortages of values entrusted to him in writing or on a one-time document, or the damage was done intentionally, and if the damage was caused by an employee in a state of alcoholic or other kind of intoxication. In full, the employer is compensated for damage caused by criminal acts or administrative offenses, but the fact of their existence must be established by a court decision. The inflicted damage is the disclosure of secrecy (official, commercial or otherwise) in cases stipulated in federal laws. However, despite a wide range of possibilities, the employee's liability contract does not consist of persons under the age of 18 years. For this category of persons, the penalty is usually established by a court.
The full form of recovery is applied where the executive body of the organization is the party to the agreement: the immediate head (manager), his deputies and the chief accountant, the person performing financial activities (control), as well as employees engaged in storage, transportation, processing or sale of tangible assets.

In cases where the liability of the parties to the employment contract is not subject to differentiation (it is impossible to determine the responsibility of each), a collective agreement is drawn up, implying compensation for damages by the whole group of persons who have been entrusted with any actions using valuables in order to fulfill their duties. The employee is removed from liability if it is proven that he is not involved in causing harm. If the consent is not reached in the disputed issues, the material liability of the parties to the employment contract, its size and methods of reimbursement shall be determined in court regardless of the type of agreement.