When hiring a seller in his store or shopping center, the employer is often interested in the reason for leaving the previous job. Dismissal, accompanied by a conflict, negatively affects the reputation of the future employee. If a person has good recommendations, then there are often no problems with employment. However, sometimes disputes arise between the employee and the employer.
It is necessary
Inventory order and act
Instructions
Step 1
Conflict situations that arise are resolved taking into account the employment contract and the Labor Code. Even if the contract has not been concluded, the seller is not relieved of responsibility. The employee who caused the damage must compensate for it. But the obligation to compensate is imposed only if the shortage arose as a result of illegal actions, that is, if the employee did not fulfill or poorly performed his official duties.
Step 2
If the fact of the shortage is confirmed, then the parties have the right to resolve the conflict voluntarily. That is, the seller either independently compensates for the damage, or the employer withholds a set amount of money from the employee's salary. In some cases, the seller categorically refuses to admit his guilt, then the employer submits a claim to the court to recover the shortage.
Step 3
In order to collect the debt in court, it is necessary to record the fact of the inventory, indicate the shortage, then ask the employee in writing to reimburse the debt. If the employee does not agree, the employer must receive a written waiver.
Step 4
When filing a statement of claim with the court, it is necessary to provide the originals of letters between the employer and the seller, regardless of whether the letter contains a refusal or consent. If an employment contract has been concluded, its original must also be attached to the application. Documents proving the shortage - inventory certificates, primary accounting documents and, possibly, memoranda of other employees will be needed by the court to clarify the circumstances.
Step 5
The inventory procedure must be drawn up in accordance with the rules, i.e. the presence of an order to conduct an inventory is required. If the act is drawn up incorrectly, the court may not accept for consideration the incorrectly executed documents or consider them inadmissible evidence.
Step 6
The court will get acquainted in detail with all the circumstances of the case, examine the documents provided and decide whether to satisfy the employer's requirements, or refuse.
Step 7
It should be noted that the compulsory collection of the missing amount, not exceeding the average monthly earnings of the seller, is carried out by order, which must be issued no later than one month from the date of establishing the amount of damage caused.
