The Civil Code provides for a number of consequences for damage caused by employees of the enterprise (IP) in the implementation of professional tasks assigned to them. Harm caused by an employee during performance of dutiesmust be reimbursed by a legal entity or a citizen who has concluded an employment agreement with him. Consider the features of the application of this rule.
General rules
Setting employer's responsibility, the legislation defines the categories of persons for whose actions he is responsible. In particular, we are talking about employees who carry out professional tasks under a contract or civil law agreement, if their actions were performed if they were to be carried out on the instructions of the relevant physical or legal person under control. Production cooperatives, business partnerships are obliged to compensate for the damage caused by their members if the latter conducted entrepreneurial or other activities established by the charter. The specified rules are fixed by the norm 1068 of the Civil Code.
Explanation
Contract work always carries certain risks. Along with this, a documented professional activity gives many advantages. So, if the subject produced contract work, and he caused damage to third parties in the implementation of the tasks assigned to him, to compensate for the losses should the company or entrepreneur who entered into an appropriate agreement with him.
Norm Cases
Worker and employerWhen concluding an agreement, they should understand that the legislation imposes certain requirements on them as subjects of legal relations. In particular, the employer and employee must exercise their rights and responsibilities in an appropriate manner. Art. 1068 of the Civil Code provides for specific legal consequences of damage. This article states that:
- Employers are responsible for the actions of their employees.
- Customers are liable for damage caused by persons performing their assignment under their control.
- Full partnerships, production cooperatives are responsible for the actions of their participants. In this case, the corresponding consequences occur if the latter implemented the tasks stipulated by the charter of the company.
It is worth saying that the provisions Art. 1068 of the Civil Code do not mean that within the framework of labor relations, employees can be equated with subjects with whom a civil law agreement was concluded.
The nuances of the law
As stated in Article 11 of the Labor Code (paragraph 4), if a court establishes that a civil law agreement actually regulates the relationship between the employer and the employee, then laws and other regulations and the content of the provision of labor law apply to them. An important point should be noted. The provisions of the first paragraph of the article 1068 GK RF apply to both permanent and temporary employees. In addition, the provisions of the rule apply to part-time workers, entities that implement professional tasks outside the state. In other words, the first paragraph of the article 1068 of the Civil Code applies to all citizens who conduct business at the enterprise or are employed by the entrepreneur with the knowledge of the leadership or on his behalf, if the relevant agreement has not been duly executed.
The moment of onset of consequences
In case of damage, the compensation of which is regulated by the article 1068 of the Civil Code of the Russian Federation, the employee must be at the enterprise and carry out professional activities. The operations that he must perform are established by local documents. These include, among others, the contract. According to this document, the employee must carry out operations in accordance with his profession, qualification, subject to the internal routine.
Tenants
Employers, as indicated in Article 20 of the Labor Code, may be citizens who have entered into labor relations with employees. The employer may be a legal entity. The organization must also enter into an agreement with the employee to obtain the appropriate status. Individuals-employers can be citizens who are registered as individual entrepreneurs and conduct business without creating a legal entity. This category of employers should also include private practicing lawyers, notaries, other persons who, under current law, must have a certificate or license. At the same time, citizens who have not registered in the prescribed manner or have not received permits, but have entered into labor relations with other individuals, are not exempted from the duties that the law imposes on individual entrepreneurs. It should also be noted that employers are entities that attract other persons for housekeeping or personal services, but who do not have the status of individual entrepreneurs.
Consequences
It should be noted that if an employee caused harm after working hours, not during the period of fulfilling his duties, then the provisions of the considered article of the Civil Code do not apply. As part of the identification of damage, it is necessary to take into account other legal norms. In particular, as follows from the first part of article 1068, the application of measures to a legal tenant is allowed if the employee at the relevant time performed production tasks and there were general conditions enshrined in 1064 of the Code. If the damage was caused to employees serving his colleagues, then in such situations, measures are also applied to the employer.
Procedural status
In court proceedings, the employer will act as a defendant. The direct causer of damage is a third party who does not state independent claims on the subject of the dispute. He is on the side of the defendant. In addition, the direct causer of harm may be brought to trial at the request of other participants or at the initiative of the court.
Wines
Its presence is considered in many respects a mandatory sign of liability. Confirmation of this may be Article 1064. It regulates the general grounds on which there is liability for damage to property or the identity of an individual. The norm established that it should be compensated by the guilty person. Compensation for harm in the absence of intent of the subject cannot be provided for by law. The fault of employees who caused harm during the performance of their duties is the fault of the enterprise itself. The tenant and other entities established by law will be liable with their property. Responsibility arises regardless of whether criminal or administrative punishment was applied to the immediate perpetrator.
Right to reverse
Subjects who compensated for their employees harm caused by them during the performance of duties may require them to return the property given. According to article 1081, the reverse recovery is carried out in the same volume in which the compensation was made, unless a different amount is provided for by law. The norms established that the statute of limitations will flow from the date the enterprise pays the amount of compensation for the guilty actions of its employee. These rules apply to cases of compensation for material and moral harm.