Driver's liability in case of an accident in an employer's car

Compensation for damage caused to the employer by an employee in an accident

The article discusses the legal issues of compensation for damage caused in a traffic accident by a person driving a vehicle, performing duties under an employment contract or acting in the interests of an employer. From the proposed material, the reader will learn how and in what amount damage caused by an employee is compensated. driver, we will consider the grounds under which the driver bears full and limited financial liability to the employer for the damage caused by him in a road accident.

The content of the article

The main sign of any traffic accident is the onset of harmful consequences. Regardless of the nature and size of the harm caused - material, moral, or its combination, the harm is subject to compensation to the injured person in full. A special case of causing harm, which has certain specifics, is an accident due to the fault of an employee - a driver driving a vehicle. As a rule, in such accidents, direct material damage to the employer is expressed in damage to the vehicle owned by him and (or) the cargo being transported. In addition, if third parties or their property were injured in an accident, then the employer is responsible for such actions of the employee, who thereby suffers indirect damage.

Employer's liability for damage caused by an employee in an accident

In accordance with Article 1068 of the Civil Code of the Russian Federation:

A legal entity or citizen compensates for damage caused by its employee in the performance of labor (official, official) duties.

For the correct understanding and application of this legal norm in relation to the topic discussed in the article, the term “employee” applies to individuals, regardless of their nationality, who drove a vehicle on the basis of an employment agreement (contract), as well as drivers performing work on a civil contract, if the specified persons acted or should have acted on the instructions of the employer (guarantor) and under his control over the safety of transportation.

Thus, the current provisions of the law unambiguously indicate the employer as the person responsible for the harmful consequences from the actions of the driver-employee to the victim.

Professional drivers who have been involved in an accident, regardless of their guilt in violating the requirements of the Road Traffic Rules, should know and remember that when a claim for damages is brought against them, the employer should be involved in the case as a co-defendant.

Grounds and amount of compensation for damage caused by an employee-driver

In the vast majority of road traffic accidents caused by employees, employers file claims against them demanding full compensation for material damage caused by damage to their cars and (or) other property. These types of requirements are not always based on the law. The fact is that when concluding an employment contract, the employer often includes in it conditions regarding the driver’s full financial liability for damage to the vehicle entrusted to him and other property. However, the full financial responsibility of an employee cannot be established contractually.

The procedure and conditions for compensation for damage are regulated in the current labor legislation. The terms of an employment or other contract that contradict the requirements of the law should not be applied and shall be declared invalid. Therefore, a driver who finds himself in a situation in which the property interests of the employer (customer) are affected is advised to refrain from unconditionally fulfilling such claims.

Article 22 of the Labor Code of the Russian Federation gives the employer the right to bring employees to disciplinary and financial liability in the prescribed manner, therefore, in each individual case of an accident, it is important to understand the factual grounds for collecting damages from the driver-employee.

In accordance with the law, the liability of an employee - driver of a vehicle for causing property damage to the employer, occurs only if there is fault. Guilt must be proven and established by an act that has entered into legal force.

Article 238 of the Labor Code of the Russian Federation establishes the employee’s obligation to compensate the employer for direct actual damage caused to him. In this case, direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of the specified property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make expenses or unnecessary payments for acquisition, restoration of property or compensation for damage caused by an employee to third parties.

At the same time, the employer may waive the right to recover damages from the guilty employee, releasing the latter from financial liability (Article 240 of the Labor Code of the Russian Federation).

The law protects the rights of the employee by limiting the amount of his liability within the limits of the average monthly salary established at the time of the accident for his position. Thus, as a general rule, for causing material damage from damage to rolling stock and (or) transported cargo, as well as damage caused to third parties compensated by the employer, the employee-driver bears financial liability within the limits of his average monthly earnings (Article 241 of the Labor Code of the Russian Federation ).

However, the norms of the Labor Code of the Russian Federation (LC RF) provide for the possibility of full liability for the employee. An employee-driver may be held liable for full financial liability in the form of compensation for direct actual damage caused to the employer in full. The grounds that entail full financial liability and its conditions are listed in Articles 242, 243 of the Labor Code of the Russian Federation.

We can highlight the following cases of full liability of the driver to the employer.

1. Committing an administrative offense that resulted in a traffic accident and bringing to administrative responsibility, by a decision of the traffic police, court or other administrative body that has entered into legal force.

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As a rule, we are talking about violations of traffic rules of the Russian Federation, liability for which is provided for in Chapter 12 of the Code of the Russian Federation on Administrative Offenses. Judicial practice in such cases is based on the position approved by paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 N 52 “On the application by courts of legislation regulating the financial liability of employees for damage caused to the employer.”

2. The commission of a crime that resulted in harm and was confirmed by a court verdict that has entered into legal force. This can be either an intentional crime or a crime committed through negligence, an example of which is the offense specified in Article 264 of the Criminal Code of the Russian Federation.

3. Causing damage while under the influence of alcohol, drugs or other toxic substances. The fact of being in a state of intoxication must be proven and confirmed by a medical examination report or the conclusion of a medical and drug examination.

4. Committing a traffic accident not while performing work duties using a vehicle owned by the employer.

It is important to know: the liability of an employee - driver of a vehicle to the employer is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, as well as in case of failure by the employer to fulfill the obligation to provide adequate conditions for maintaining the vehicle in technically sound condition, entrusted to the employee to perform job duties.

Procedure for compensation for damage caused by an employee to an employer

The procedure for compensation for damage caused by an employee to the employer is determined by the norms of the Labor Code of the Russian Federation. Its main provisions boil down to the following actions.

Establishing the amount of damage caused by the driver-employee. Its amount includes all actual losses, calculated on the basis of market prices in force in a given region on the date the damage occurred, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property (Article 246 of the Labor Code of the Russian Federation).
Conducting an inspection by the employer to determine the amount of damage caused, as well as the causes and conditions of its occurrence. In practice, these tasks are solved by a commission, which is created by written order of the employer and exercises the powers assigned to it.
During the inspection, an explanation is accepted in writing from the employee regarding the circumstances of the traffic accident, measures are taken to obtain the necessary information and documents from the traffic police about the accident, estimates and calculations are drawn up, etc. If the driver refuses to provide the required information, members of the commission draw up Act.
Upon completion of the commission’s work, an inspection report is drawn up, which is signed by all its members. All materials collected by the commission and the final conclusion are provided to the driver for review. In case of disagreement, the employee has the right to appeal the commission’s findings.
Based on the commission’s act, the employer issues a decree (order) to recover the damage caused from the employee’s wages, if the amount of damage caused does not exceed the employee’s average monthly earnings. Such an order is issued within a period not exceeding one month from the date the employer establishes the final amount of material damage caused.

If the employee-driver does not agree to voluntarily compensate for the damage caused to the employer, the latter has the right to file a claim in court for compensation for material damage caused in an accident, including in the amount of claims both direct damage and recourse claims. The defendant in such a claim will be the driver involved in the accident. When considering a case in court, it will be confronted by professional lawyers sent by the employer with the goal of turning a person into debt slavery.

It is important to understand that the chances of success for professionals are much higher than for amateurs. In order to achieve justice in case of disagreement with the demands of the plaintiff - the employer, as well as with the fault in the accident, the participant in the accident should not neglect the help of professional lawyers.

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Driver's liability in case of an accident in an employer's car

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In order to hold an employee accountable, it is necessary to find out whether the following components took place:

The employee's fault.
The consequences of his crime.
Cause-and-effect relationship between a citizen’s actions and damage.

Financial responsibility is mandatory for many positions; its features and specificity are reflected in Art.
39 Labor Code of the Russian Federation. When applying for a job as a driver of a vehicle of various modifications, a citizen must understand what he may be asked for and what financial penalties he may incur. For example, transporting passengers, cargo, repairing and setting up a vehicle, selling tickets, refueling.

What should an employer do if the driver renders the car unusable?

A regular driver of an organization was involved in a traffic accident while transporting other employees of the organization, and he was the culprit. The employer decided to deprive him of his bonus at the end of the month. One of the victims (a third party) wants to recover from the organization the amount of damage caused to him, which was not covered by insurance.

According to Article 241 of the Labor Code of the Russian Federation, the employee bears financial liability for damage caused, no more than within the limits of his monthly earnings. This is true if no other federal laws come into force.

The job description of the driver - forwarder indicates that he is obliged to be responsible for the vehicle that the company has entrusted to him, and for the transported cargo. What specific measure of liability will fall on the employee as a result of an emergency is decided according to the circumstances of the case.

If the driver causes damage to third parties, for example, in an accident, then the manager is obliged to pay it, and then recover it from the earnings of the culprit within a year.

The general rule on limiting the amount of financial liability established by the provisions of Art. 241 of the Labor Code of the Russian Federation, fully applies to driver workers. Within a month from the date of final determination by the employer of the amount of damage caused by the employee, recovery of the amount of damage can be carried out by order of the employer.

An employee of an organization may cause harm to third parties in the performance of work duties, but not in connection with the use of a source of increased danger. So, a painter can paint a building and accidentally splash a car parked nearby.

From the foregoing it follows that payments in compensation for harm that will be made by the employer to a third party due to the fault of the employee are direct actual damage for the employer, since they will entail a decrease in the property (cash) of the employer by the amount paid.

The definition of a driver differs in different branches of law. So, in administrative law, in accordance with the provisions of clause 1.2.

Article 241 of the Labor Code of the Russian Federation determines that every specialist is held liable for limited liability.

In what cases can shoes be returned under warranty? Where and when should I go to exchange shoes for new ones or get my money back? When can a seller refuse to accept shoes?

In the modern business world, characterized by mobility and mobility, it is difficult to imagine an organization that would not use company cars in its activities. As you know, the use of vehicles is an activity that creates an increased danger to others.

Since the employee is presumed to be the weaker party in the labor relationship, the legislator has established a number of restrictions regarding the amount and conditions for holding him accountable. First of all, the employee is responsible only for real - direct actual - damage; Lost profits cannot be recovered from the employee.

Driving a company car does not guarantee that the driver will be careful. But if a person gets into an accident, the situation is handled a little differently than for someone who was driving their own car. And this does not mean that the driver will be able to avoid responsibility.

The organization will act as a defendant in court, and the driver of the organization will represent only a third party on the defendant’s side.

If the amount of damage caused exceeds the average monthly earnings of the guilty employee, then the employee can be brought to full financial liability only if there are grounds provided for in part one of Art. 243 Labor Code of the Russian Federation.

According to the letter of the law, vehicles are a source of increased danger, and unless it is proven that the victim had some malicious intent or some insurmountable forces acted on the participants in the accident, then the damage must be compensated in full, regardless of who is the actual owner of the car.

Currently, probably one of the most prestigious and highly paid professions is the profession of an IT specialist.

The employee is obliged to compensate for damage caused to the employer's property, including for deterioration of the condition of the property, the need to incur expenses for the acquisition of property or compensation for damage caused to third parties. The Civil Code of the Russian Federation (Article 1068 of the Civil Code of the Russian Federation) establishes that a legal entity or citizen compensates for damage caused by its employee in the performance of labor (official, official) duties.

The essence of the driver's activity is to control the vehicle. The car is considered a source of increased danger.

Also in the specified list there is a listing of works for which the employee can be held fully liable. Among these, it is necessary to note the receipt, storage, accounting and transportation of material assets.

It should also be mentioned that the position of a freight forwarder is included in the list of positions to which a full checkmate can be assigned. responsibility.

When driving a motor vehicle, the driver is solely responsible for the equipment he operates under the contract. In difficult situations, when the court takes over the resolution of a labor dispute, the manager can declare that the car itself is valuable. But this is not entirely true, the car is used to deliver people or goods, it is a vehicle that does not represent the purpose of transportation.

According to the law, lost profits of the employer are not subject to compensation. For example, if equipment was damaged due to the driver’s fault, he will be punished. If deliveries are disrupted or a meeting is cancelled, then this cannot be blamed. Full financial liability occurs only when the employee is responsible for the cargo entrusted to him and acts as a forwarder.

If intent is not proven, then damage to property (cargo or vehicle) is paid to the offender only in the amount of average monthly earnings. The intent contained in the action (inaction) that led to the loss of financial resources is proven in court by the owner of the property.

Step-by-step procedure for an employer to receive compensation

For damage caused during the operation of the car, liability occurs without fault (except for cases where the damage arose as a result of force majeure or the intent of the victim). No-fault liability means that the owner of the vehicle will be liable regardless of whether he violated the traffic rules or not.

Everything happens differently if the motorist used a company car for personal purposes during non-working hours. He does not have a waybill or other accompanying documents for the trip. Here, too, there may be two options for liability:

The employee is recognized as the injured party . In this case, repairs to the car must be carried out at the expense of the insurer of the other party to the accident. But he may refuse to do this voluntarily, citing the fact that the policy does not cover the use of the vehicle during non-working hours. The organization that owns the car will have to sue. The case will probably be won.

A similar situation arises when an organization’s car without a vehicle license gets into an accident. The Belarusian Bureau of Transport Insurance will pay the victim.

If everything is done legally, the car should have insurance. Payment for repairs is carried out:

From the funds of the insurance company of the other party to the accident, if he is found at fault. Here, no claims are usually made against the driver of a company car, who is the injured party. He is exempt from litigation as a plaintiff, acting as a third party. Moreover, no payments will be required from the employee’s own pocket.

Double liability - accident in a company car: who will pay for what?

A full-scale accident was possible only when his actions in connection with the accident contained elements of a crime. In other cases, damages could only be recovered from the driver in the amount of average monthly earnings by way of recourse.

You may not agree with the amount of damage and ask to appoint a new examination or assessment, but it is advisable to do this at the judicial stage of the dispute.

However, the law provides for cases when the amount of liability must be compensated by the employee in full, and in relation to the topic under consideration this is:

causing damage intentionally;
causing damage while under any type of intoxication;
causing damage as a result of the commission of a crime, which is established by a court verdict;
causing damage as a result of an administrative offense, if it is established by the relevant government body (institution);
causing damage while not performing official duties.

Insurance companies do not compensate for such damage. But the injured party has the right to demand this from the owner of the car.

If at the time of the accident the motorist was performing his professional duties, responsibility rests with the organization that owns the vehicle. If the accident occurred as a result of a collision between two or more vehicles, then the law (clause 3 of Article 1079 of the Civil Code of the Russian Federation) in this case establishes two options for liability.

Driver's liability in case of an accident in an employer's car

Hello, in this article we will try to answer the question “Driver liability in an accident in an employer’s car.” You can also consult with lawyers online for free directly on the website.

Please note that compensation for damage will be made regardless of whether he was brought to any liability (criminal, administrative, etc.).

Financial responsibility is mandatory for many positions; its features and specificity are reflected in Art. 39 Labor Code of the Russian Federation. When applying for a job as a driver of a vehicle of various modifications, a citizen must understand what he may be asked for and what financial penalties he may incur.

When can liability be avoided?

In accordance with paragraph 1 of Art. 1081 of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another person (including an employee in the performance of his official, official or other labor duties) has the right to claim back (recourse) against this person in the amount of the compensation paid, unless a different amount is established by law.

If the damage is caused as a result of an administrative violation and the fact of this violation is established by the authorized state. Authority, then, in accordance with the sixth paragraph of Article 243 of the Labor Code of the Russian Federation, the employee may be charged with full financial responsibility and payment of the full amount of damage caused.

It is extremely rare that there are situations where both participants in the accident are not at fault.
In this case, either both are deprived of the right to compensation for damage, or the damage is divided in shares between the participants. If the car is insured under MTPL, then the difference in coverage is charged to the culprit. If monthly earnings are not enough, in the absence of a compromise, the case is considered in court. The court may order compensation for damages in cases where the culprit has already left the company. If the citizen continues to work, then the missing amounts are collected from wages during the year.

Firstly, the employer is obliged to strictly comply with the procedure for an internal investigation into this fact and the requirements of the law regarding the procedure for collecting liability.

In order for an employee to be financially punished, the manager must prove and formulate the listed requirements. There are general rules for determining limited and full liability. If the employment agreement is concluded taking into account restrictions, then damages can only be recovered within a month from the date of the incident and no more than the average monthly earnings.

The amount of damage caused by an employee-driver to the employer is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

For example, the owner of a car drove into a parking lot, despite the fence and information signs about painting.

Employer's liability in case of an employee's road accident in 2019

In other words, guilt is a prerequisite for bringing an employee to financial responsibility.

In accordance with the provisions of paragraph 13 of Plenum Resolution No. 52, in cases where it is impossible to determine the day the damage was caused, the employer has the right to calculate the amount of damage as of the day it was discovered.

The driver of a car (of all specified categories) controls vehicles and maintains their functioning: refueling with fuel, lubricants, coolant; checking the technical condition of the car; elimination of minor malfunctions that arise during operation that do not require disassembling the mechanisms.

In order to determine whether the driver can be subject to full swearing. liability, it is necessary to take into account a number of nuances.

In what cases can shoes be returned under warranty? Where and when should I go to exchange shoes for new ones or get my money back? When can a seller refuse to accept shoes?

The general rule is to limit the employee’s liability to the amount of his average earnings (Article 241 of the Labor Code of the Russian Federation). An employee can be held fully liable only in cases exhaustively defined by the Labor Code of the Russian Federation or other federal laws.

Two caveats should be made immediately. Firstly, in the issue under consideration, an organization means legal entities of all organizational and legal forms, as well as entrepreneurs without forming a legal entity. Secondly, in the context of the problem under consideration, it does not matter whether the organization’s company car is owned or leased.

The four pillars of any responsibility—fault, wrongfulness, causation, presence of harm—are also the basis of the material liability of workers.

III. Definition of worker-driver

If the organization has suffered any damage through no fault of the driver, then it is illegal to recover compensation from him by way of recourse.

But there is also a downside. Should the driver of a car registered to the organization pay damages?

Labor legislation in our country regulates the relations determined by work activities between employer and employee.

As a general rule, the amount of financial liability cannot be more than the employee’s average earnings.
Of course, the driver will not be left without attention; he will be involved as a third party on the defendant’s side, but the organization will have to compensate for the damage. At the same time, it is not at all necessary that the driver driving your company car work only on the basis of an employment contract.

The essence of the driver's activity is to control the vehicle. The car is considered a source of increased danger.

First of all, it is important to remember the list of positions required to be subject to this type of liability, established by the Labor Code of the Russian Federation and the Resolution of the Ministry of Labor of the Russian Federation. The driver's position is not indicated.

Driver's liability in case of an accident in an employer's car

Things are even more complicated here. The organization to which the car is registered will be required to compensate for damage caused to the other party. But she will require the return of payment from an employee who used the vehicle at odd hours. If he does not want to compensate for the damage voluntarily, the employer will sue.

And if the organization has concluded such an agreement with the driver, it will not be the basis for bringing him to full financial liability.

Step-by-step procedure for an employer to receive compensation

But if the insurance payment does not cover all the damage, the driver who gets into an accident during non-working hours will have to pay extra.

The court found the company's arguments about the inflated cost of repairs and incorrect recalculation of the amount of damage to be unfounded. From 01/01/2016, car maintenance and repair services do not require mandatory confirmation of compliance.

If everything is done legally, the car should have insurance. Payment for repairs is carried out:

From the funds of the insurance company of the other party to the accident, if he is found at fault. Here, no claims are usually made against the driver of a company car, who is the injured party. He is exempt from litigation as a plaintiff, acting as a third party. Moreover, no payments will be required from the employee’s own pocket.

The first type is characterized by a clear understanding of what is happening and the desire to cause damage to the owner of the vehicle. Indirect guilt lies in the unwillingness to foresee and prevent negative consequences.

The employer decided to deprive him of his bonus at the end of the month. One of the victims (a third party) wants to recover from the organization the amount of damage caused to him, which was not covered by insurance.

For example, if you are involved in an accident in your employer’s car, but the culprit is another participant in the accident, then you are not obligated to compensate the employer for anything. In this case, the employer should contact the insurance company or recover damages directly from the person at fault.

Insurance companies do not compensate for such damage. But the injured party has the right to demand this from the owner of the car.

If at the time of the accident the motorist was performing his professional duties, responsibility rests with the organization that owns the vehicle.
Damage caused to the owners of colliding vehicles is compensated on a general basis, that is, taking into account all four conditions for the occurrence of liability, including the fault of the participants. In this case, as a review of judicial practice shows, the harm is compensated by the one who is at fault.

Driver's liability in case of an accident in an employer's car

Hello, in this article we will try to answer the question “Driver liability in an accident in an employer’s car.” You can also consult with lawyers online for free directly on the website.

Please note that compensation for damage will be made regardless of whether he was brought to any liability (criminal, administrative, etc.).

Financial responsibility is mandatory for many positions; its features and specificity are reflected in Art. 39 Labor Code of the Russian Federation. When applying for a job as a driver of a vehicle of various modifications, a citizen must understand what he may be asked for and what financial penalties he may incur.

For example, transporting passengers, cargo, repairing and setting up a vehicle, selling tickets, refueling.

What should an employer do if the driver renders the car unusable?

In addition, Art. 1079 of the Civil Code of the Russian Federation introduces the concept of a driver without guilt. This means that the owner of the car is financially responsible, regardless of whether he violated traffic rules or not. This principle also applies when third parties are involved in an accident.

If the driver causes damage to third parties, for example, in an accident, then the manager is obliged to pay it, and then recover it from the earnings of the culprit within a year.

In this article, an employee-driver will be understood as a person with whom an employment contract has been concluded, which includes driving a vehicle as the main job responsibility.

Employer's liability in case of an employee's road accident in 2019

In other words, guilt is a prerequisite for bringing an employee to financial responsibility.

By virtue of Part 2 of Art.
392 of the Labor Code of the Russian Federation, the employer has the right to bring a claim against the employee for the recovery of amounts paid to compensate for damage to third parties within one year from the date of payment by the employer of these amounts. Tariff and qualification characteristics for general industry occupations of workers, approved by Resolution of the Ministry of Labor of the Russian Federation of November 10, 1992 No. 31 (with amendments and additions), contain a description of the characteristics of the work and the knowledge requirements for car drivers of the fourth, fifth, and sixth categories.

In order to determine whether the driver can be subject to full swearing. liability, it is necessary to take into account a number of nuances.

Corruption is a problem in many countries around the world. The fight against this “social plague” usually involves criminal prosecution of bribe-takers.

If an accident has already occurred, the main thing is not to get confused and clearly and quickly perform the following actions:

turn on the emergency lights and place the appropriate sign on the road;
find out if there are victims in the other car, help them if necessary and call an ambulance;
do not change the position of damaged vehicles;
call the traffic police;
call your management so they can contact the insurer;
inspect the company vehicle and preliminarily determine the resulting defects;
photograph the scene of the incident in detail and from different angles, as well as the cars of those involved in the accident;

The organization will act as a defendant in court, and the driver of the organization will represent only a third party on the defendant’s side.

But there is also a downside. Should the driver of a car registered to the organization pay damages?

Currently, probably one of the most prestigious and highly paid professions is the profession of an IT specialist.

Substitution of driver in case of accident liability

As a general rule, the amount of financial liability cannot be more than the employee’s average earnings.

The Civil Code of the Russian Federation (Article 1068 of the Civil Code of the Russian Federation) establishes that a legal entity or citizen compensates for damage caused by its employee in the performance of labor (official, official) duties.

The essence of the driver's activity is to control the vehicle. The car is considered a source of increased danger.

The driver violated the law, but should the employer be responsible?

In addition, the employee may be subject to other types of liability. For example, individual and administrative. The job responsibilities assigned to the employee are of key importance.

When imposing an administrative or other punishment, any government body must reflect the cause-and-effect relationship between the driver’s offense and the resulting financial losses of the owner (manager) of the vehicle. At the same time, the amount of the penalty and methods of compensation are established.

Step-by-step procedure for an employer to receive compensation

The insurance company that issued compulsory motor liability insurance for a company car if its driver is at fault in an accident. In this case, part of the payments may be demanded from him, by deducting money from his salary. For example, if he grossly violated the rules, or the insurance does not cover the damage in full. The driver of a company vehicle may be forced to restore a vehicle belonging to the organization.

A similar situation arises when an organization’s car without a vehicle license gets into an accident. The Belarusian Bureau of Transport Insurance will pay the victim. The car will have to be repaired at the expense of the insurer responsible for the accident. And if the latter does not have a policy, then at his personal expense.

Standard form of an agreement on driver's liability

You may not agree with the amount of damage and ask to appoint a new examination or assessment, but it is advisable to do this at the judicial stage of the dispute.

However, the law provides for cases when the amount of liability must be compensated by the employee in full, and in relation to the topic under consideration this is:

causing damage intentionally;
causing damage while under any type of intoxication;
causing damage as a result of the commission of a crime, which is established by a court verdict;
causing damage as a result of an administrative offense, if it is established by the relevant government body (institution);
causing damage while not performing official duties.

Analysis of an accident with a replacement driver before the arrival of traffic police officers

Repairing the car of enterprise “A” required 11 million Belarusian rubles. rub. It received 3.85 million Belarusian rubles from insurance. rub.

You will learn about the grounds for stopping a car, the rules of communication with a traffic police inspector, video recording of a conversation by a recorder, the rights and restrictions of traffic police officers.

Damage caused to the owners of colliding vehicles is compensated on a general basis, that is, taking into account all four conditions for the occurrence of liability, including the fault of the participants. In this case, as a review of judicial practice shows, the harm is compensated by the one who is at fault.

You can recover damages from the driver-employee of the enterprise who caused the accident

Does the organization have the right to withhold this amount from the driver, or, since he has already been deprived of the bonus, does the organization have no such right?

1. According to paragraph 1 of Art. 1068 of the Civil Code of the Russian Federation, a legal entity compensates for damage caused by its employee in the performance of labor (official, official) duties. In accordance with paragraph 1 of Art. 1081 of the Civil Code of the Russian Federation, a person who has compensated for damage caused by another person (including an employee in the performance of his official, official or other labor duties) has the right to claim back (recourse) against this person in the amount of the compensation paid, unless a different amount is established by law. That is, the employer’s right to claim compensation for damage will arise only after it pays compensation to the person who was harmed by the employee’s actions.

In accordance with Art. 233 of the Labor Code of the Russian Federation, financial liability of a party to an employment contract occurs for damage caused by it to the other party to this contract as a result of its culpable unlawful behavior (actions or inaction), unless otherwise provided by the Labor Code of the Russian Federation itself or other federal laws. The employee's financial liability is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to provide adequate conditions for storing property entrusted to the employee (Article 239 of the Labor Code of the Russian Federation). In other words, guilt is a prerequisite for bringing an employee to financial responsibility.

It is clear from the question that the driver is to blame for the road traffic accident (hereinafter referred to as the accident), and, consequently, for the damage caused as a result of this accident. According to part one of Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for direct actual damage caused to him. Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of said property, as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties (part two of Article 238 of the Labor Code of the Russian Federation). From the foregoing it follows that payments in compensation for harm that will be made by the employer to a third party due to the fault of the employee are direct actual damage for the employer, since they will entail a decrease in the property (cash) of the employer by the amount paid. The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of wear and tear of this property (part one of Art. 246 Labor Code of the Russian Federation). As a general rule, for damage caused to the employer, the employee bears limited financial liability within the limits of his average monthly earnings (Article 241 of the Labor Code of the Russian Federation). Full financial liability, which involves compensation for direct actual damage caused to the employer in full, can be assigned to the employee only in exceptional cases, directly provided for by the Labor Code of the Russian Federation or other federal laws (Article 242 of the Labor Code of the Russian Federation).

Consequently, if the employer compensates for the damage caused by the employee to a third party, and the amount of the specified payment does not exceed the average monthly earnings of this employee, then the employer has the right to recover the specified amounts from him (Article 241 of the Labor Code of the Russian Federation). In this case, recovery from the guilty employee is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee (part one of Article 248 of the Labor Code of the Russian Federation). If the amount of damage caused exceeds the average monthly earnings of the guilty employee, then the employee can be brought to full financial liability only if there are grounds provided for in part one of Art. 243 Labor Code of the Russian Federation. In the absence of such grounds, the employee may be charged only an amount that does not exceed his average monthly earnings, regardless of the amount of damage caused.

In the situation under consideration, the only option for bringing the driver to full financial liability is the case provided for in paragraph 6 of the first part of Art. 243 of the Labor Code of the Russian Federation - causing damage as a result of an administrative offense, if established by the relevant government body. Judicial practice proceeds from the fact that prosecution on this basis is possible provided that, based on the results of the consideration of a case of an administrative offense, a decision was made against the employee to impose an administrative penalty or a decision to terminate the proceedings due to the insignificance of the offense (clause 12 Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 N 52 “On the application by courts of legislation regulating the financial liability of employees for damage caused to the employer”). In addition, judicial practice also shows that the mere fact that an employee holding the position of driver committed a traffic accident, as a result of which damage was caused to the employer, is not enough to apply full financial liability to such an employee, if there are no grounds for this, directly provided for by law (see resolution of the Federal Antimonopoly Service of the North-Western District dated March 2, 2009 N A56-25335/2008, cassation ruling of the St. Petersburg City Court dated March 14, 2011 N 33-3500/2011, ruling of the Presidium of the Moscow Regional Court dated February 11, 2004 N 103 ).

Thus, if the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage exceeds his average monthly earnings, then the recovery of this amount can only be carried out by the employer in court. If the court satisfies the employer’s demand for compensation by the employee in full, then the debt will be repaid in accordance with the court decision. If the employer does not have legal grounds for bringing the employee to full financial liability, then the recovery from the guilty employee of the amount of damage caused, not exceeding his average monthly earnings, can be carried out on the basis of the employer’s order. And in this situation, the employee’s consent is not required. However, it must be remembered that such an order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

2. According to Art. 129 of the Labor Code of the Russian Federation, incentive payments (additional payments and bonuses of an incentive nature, bonuses and other incentive payments) are an integral part of wages. Remuneration systems, including bonus systems, are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms (part two of Article 135 of the Labor Code of the Russian Federation). By virtue of part one of Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession). Thus, a bonus is paid for certain achievements in work, the fulfillment of certain indicators, and its purpose is, first of all, to increase the motivation of employees. Therefore, the circle of employees receiving bonuses, the terms of bonuses and the size of bonuses are determined, as a rule, by local regulations adopted taking into account the opinion of the representative body of employees (Article 135 of the Labor Code of the Russian Federation). Since the legislation does not establish the conditions for bonuses, the provisions of the local regulatory act of the employer that establishes the bonus are of key importance. The head of the organization has the right not to accrue (reduce) a bonus to an employee whose work did not meet the criteria established in such a local regulatory act.

Thus, a bonus is a means of stimulating the conscientious performance of work duties by an employee, and the deprivation of an employee of a bonus depends on the will of the employer and does not indicate that the employee has incurred expenses to compensate for the damage caused to him as a result of an accident. In other words, depriving an employee of a bonus does not prevent the employer from demanding compensation for direct actual damage caused to him by the employee. A similar position is reflected in judicial practice (see the decision of the Kemerovo District Court in case No. 2-822/2011).

Answer prepared by:
Expert of the Legal Consulting Service GARANT
Pavlova Natalia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Kudryashov Maxim

September 7, 2012

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.