If, according to the results of the inventory, a shortage was found, then the employer has the right to reimburse the losses at the expense of the salary of the responsible or guilty employee. At the same time, there are a number of rules and restrictions in the legislation that must be taken into account in this operation.
Instructions
Step 1
Draw up a full liability agreement. Only if you have this document, you will be able to reimburse the full amount of the shortfall from the employee, and not only the amount specified by the Labor Code of the Russian Federation, equal to the average monthly earnings. This document is drawn up as an annex to the employment contract. If the employee refuses to sign it, then this can be regarded as a refusal to fulfill his job duties. In this case, the employer has the right to impose disciplinary action and terminate the employment contract on its own initiative.
Step 2
Conduct an inventory that will identify a shortage of material or monetary values. Based on the results obtained, a collation sheet is filled out. The document is drawn up in two copies, one of which is handed over to the employee, and the second remains with the employer.
Step 3
Determine the amount of damage, which is equal to the actual losses, calculated taking into account market prices. At the same time, this amount should not be lower than the value of the property accepted in accounting, taking into account depreciation. Remember that it is the shortfall that is charged from the employee, and not the lost profit.
Step 4
Contact the employee with a request to reimburse the shortage. If he refuses to do this, then the employer has the right to collect the required amounts forcibly. Draw up a collection order within a month from the date of the inventory to establish the amount of the shortfall. In this case, the monthly deduction from wages should not exceed 20%.
Step 5
Go to court if more than a month has passed after the inventory, the shortage is more than the average monthly earnings, or the employee refuses to recognize the results of the audit. In this case, there is no need to continue the employment relationship with the employee. Dismissal will not relieve him of financial responsibility. In this regard, do not take additional measures to influence him after dismissal, as this may adversely affect the court's decision.
