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Voluntary compensation for damage to the employee to the employer. Reimbursement of material damage to the employee to the employer

Alimony
22.07.2020

How to prove that the damage to the employer is prone to the fault of the employee how to determine the amount of damage caused in what cases the court can reduce the amount of damage compensation

One of the main responsibilities of the employee is the careful attitude towards the property of the employer. If the employee causes the company's damage, the employer can attract it to material responsibility. But this requires compliance with some conditions. What should the employer pay attention to be able to get a compensation for the damage caused by the employee?

Who can be attracted to material responsibility

To properly solve the issue of damages, it is necessary to determine in what relations the employee with the company at the time of his causation was. If employed labor relations, the compensation of harm is made on the basis of the norms of labor legislation. In the same cases, the damage caused by an employee who did not work under an employment contract (for example, under the contract, the provision of services, etc.), damages are made according to the rules of civil law.

What circumstances need to prove

In order to properly apply the legislation governing the material responsibility of employees for damage caused to the employer, the decision of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. 52 "On the application by the courts of legislation regulating the material responsibility of employees for damage caused to the employer" (hereinafter referred to 52). In it, the Supreme Court indicated the circumstances that are essential in resolving the case and should be proven by the employer. Consider them.

The presence of direct valid damage.In determining the amount to be recovered, it should be borne in mind that only direct valid damage can be reimbursed, i.e., a real decrease in the property of the employer or the deterioration of its condition. Such such damage to the employer has to bear the cost of acquiring, restoration of property.

Didnote incomes (missed benefits) from the employee cannot be recovered (Art. 238 of the Labor Code of the Russian Federation). True, this rule does not apply to the leaders of the organization.

Losses caused by its head by her manager are calculated in accordance with civil law. According to Art. 15 of the Civil Code of the Russian Federation refer to losses:

the costs that the face suffered or should be incurred to restore violated rights; loss or damage to his property (real damage); Involved income that a person could get if his right was not broken (missed benefit).

The employer has the right to demand from the head of the company to compensate damage in full. It does not matter whether a condition for full material responsibility is contained in the labor contract.

The amount of damage caused. The amount of damage is determined by actual losses. They are calculated on the basis of market prices operating in this area on the day of damage. At the same time, the amount of damage cannot be lower than the value of the property according to accounting data, taking into account the degree of wear (part 1 of Art. 246 of the Labor Code of the Russian Federation). If it is impossible to determine the date of causing damage, the employer has the right to calculate the amount of damage on the day of its detection.

Article 3. Federal Law from 29.07.1998 No. 135-FZ "On appraisal activities in Russian Federation"Determines the market value as the most likely price in which the assessment object can be sold on the open market.

Special order Damage definitions are mounted only on theft or shortage of narcotic drugs or psychotropic substances. If they occurred about the fault of the employee, he is materially responsible in a 100-fold amount of direct valid damage (clause 6 of Article 59 of the Federal Law No. 3-FZ of 08.01.1998 No. 3-FZ "On narcotic drugs and psychotropic substances").

With deterioration or damage of material values, the amount of damage is determined on the basis of the degree of reducing the cost of property or the cost of its repair. The cost of the remaining employer of the scrap and waste of the damaged (spoiled) property should also be taken into account.

If, before consideration of the dispute in court, the amount of damage will change (due to reduction or rising prices), the requirement of the employer to compensate for the employee of the damage to the greater or the requirement of an employee about damages in a smaller amount cannot be satisfied. TK RF does not provide such an opportunity. This conclusion of the Plenum of the Armed Forces of the Russian Federation came in paragraph 13 of Resolution No. 52.

The amount of damage must be established in a natural value (except cases of shortage of values \u200b\u200btaken into account only in monetary terms, or money), and in monetary terms. It is calculated by accounting on the basis of primary documents. With their help, you can establish who was the person responsible for committing a business operation, which operation was committed with violation of the rules, as well as identify units of measurement of material values.

Often, the employer reveals a shortage or damage not one, but several things or even several items of items. In this case, you should draw up a list of all damaged and missing property. It needs to be specified, quantity, quality, variety and other signs that determine the price for each name. Such a list is necessary for reasonable determination of the amount of damage in monetary terms.

Anti-influential behavior. In accordance with Art. 233 TK RF Material responsibility comes as a result of the guilty illegal behavior (actions or inaction) of the injury.

Behavior is illegal, if the person violates any duties assigned to him by law, labor contract, internal labor regulations, mandatory for employees with instructions and orders of the employer. Therefore, to clarify the question, whether the behavior of an employee was unlawful, it is necessary to clearly define the list of his duties. The employer must prove that they are consolidated by an employee, the damage caused by their non-fulfillment, and that the employee was acquainted with these duties before the act.

Indications in the documents only on the "unfair attitude of an employee to execute labor duties" will not be enough. It should be established, which kind of labor duty did not fulfill the employee. And for this should be competently compiled by all documents that enshrine employee's labor duties (the rules of the internal labor regulation, job description, etc.). With documents, an employee must be familiar with the painting.

In practice, it is often the question arises: is it possible to attract a worker to justice if he performed the requirement (order, an order) of the employer, as a result of which caused material damage?

The answer depends on the requirements. If it is unlawful and this is obvious, the employee is not exempt from material responsibility. For example, cashier who will act as an indication of the head about issuing money from the cash register without documentarycan be attracted to material responsibility.

Causal relationship. The material responsibility of the employee implies the existence of a causal relationship between the unlawful behavior of the employee and the fact of causing damage. This means that the worker carries material responsibility only for the damage that was the direct result of its actions (inaction).

So, the damage can be caused by the employer due to non-treatment money, loss or damage to property, full or partial impairment of documents. In the latter case, the damage may occur, for example, as a result of the compilation by an employee of an act on the acceptance of products inappropriately, because of which the employer is denied the amount of non-good or spanking of products from the supplier.

Wines. The need to take into account the guilt of the employee is indicated in Art. 233 TK RF.

By general rule Prove the fault of the employee is obliged by the employer. However, there is an exception: if an employee is legitimately concluded a contract for full material responsibility, then to prove the absence of guilt will have an employee. This provision is explained by the fact that under the contract on full material responsibility to the employee assums the obligation to keep records of the movement of entrusted property. The employer, having passed the property under the report to a materially responsible employee, practically cannot control it. It is for this reason that the employer does not always have the opportunity to prove the fault of the employee in causing damage.

When receiving an employee to work, it is necessary to create all the conditions for the fulfillment of labor duties and ensure the safety of property. After all, if the case of attracting an employee to material responsibility will reach the court, the employer will have to prove that such conditions were created. The plenum of the Russian Armed Forces of the Russian Federation in paragraph 5 of Resolution No. 52 noted that "the non-fulfillment by the employer of the obligation to ensure appropriate conditions for the storage of property entrusted to the employee can serve as a basis for refusing to satisfy the employer's requirements, if it was the cause of damage."

Lack of circumstances excluding responsibility. The material responsibility of the employee is excluded if the damage is a consequence of insurmountable forces, normal economic risks, an extreme necessity or the necessary defense (Art. 239 of the Labor Code of the Russian Federation).

Under insurmountable power The emergency and unavalified circumstances under these conditions are understood (Article 401 of the Civil Code of the Russian Federation). In practice, it includes flooding, earthquake, military actions, etc.

The definitions of "normal economic risk" does not contain legislation. The plenum of the Russian Armed Forces of the Russian Federation in paragraph 5 of Resolution No. 52 explained that the actions of the employee could be attributed to this risk, corresponding to modern knowledge and experience, when the goal could not be achieved differently. At the same time, the employee properly performed the assigned to him official duties, carefulness and caution, took measures to prevent damage, and the object of risk was material values, and not the life and health of people.

As "extreme" art. 39 of the Criminal Code determines the need to eliminate the danger, directly threatening personality and rights of this person Or other persons protected by law, the interests of society or the state, if this danger could not be eliminated by other means and the limits of the necessary defense were not allowed. Article 2.7 of the COAP contains a similar concept of extreme necessity with the only difference that instead of "exceeding the limits of the necessary defense" indicates: "If the damage caused is less significant than prevented harm."

The concept of "necessary defense" is also borrowed from criminal law. It is understood as the protection of the personality and rights of defending or other persons protected by the law of the interests of society or the state from socially dangerous encroachment, which has been associated with violence or the threat of its use. Protection is legitimate if the limits of the required defense were not allowed, i.e. Intentional actions that obviously not corresponding to the nature and danger of encroachment. It is not exceeding the limits of the necessary defense of the action of the defendant, if, due to the surprise of the encroachment, he could not objectively assess the degree and nature of the danger of the attack.

Limits of material responsibility

When solving the question of the amount of damage to the damage, the employer needs to be understood at what limits it is entitled to make requirements. It is of great importance when contacting the court. If the employer declares the claim for damages within the average monthly earnings of an employee, but in court it will be established that the employee must bear full material responsibility, the court will decide on the claims declared and cannot go beyond their limits (paragraph 7 of Resolution No. 52).

Limited liability. As a general rule for damage caused, the employee is brings material responsibility within its average monthly earnings, unless otherwise provided by the Labor Code or other federal laws (Art. 241 of the Labor Code of the Russian Federation).

If the amount of damage exceeds the average monthly earnings of the employee, then the amount equal to the average monthly earnings is charged from it, and the rest of the damage is charged to the employer's loss.

Full material responsibility. Along with the limited material responsibility of the Labor Code of the Russian Federation, it provides for a number of cases when the employee is obliged to pay damages in full. Article 243 of the Labor Code of the Russian Federation contains a list of situations where the employee can be entrusted with material responsibility in the full amount of damage caused to the employer. This list is exhaustive. Let us dwell on the most common cases.

1. In accordance with paragraph 2 of Part 1 of Art. 243 of the Labor Code of the Russian Federation to attract a full material liability for the lack of values \u200b\u200breceived by the employee in a one-time document (for example, when an employee is attracted to obtain or transfer property values) or entrusted to him on the basis of a written contract. Thus, one-time documents for obtaining values \u200b\u200bmay be issued an employee whose work is not related to the receipt of material values. Before issuing an employee of a one-time document, it must be familiar with the rules of acceptance and storage of such values. Also, the employer must take the necessary measures and create conditions to ensure the fulfillment by an employee of the task without prejudice to the values \u200b\u200bentrusted to him.

2. The Labor Code provides for the possibility of attracting the employee's complete material responsibility that caused damage into a state of alcoholic, narcotic or other toxic intoxication. Such a state of the employer must confirm the documented (paragraph 4 of Part 1. Art. 243 of the Labor Code of the Russian Federation). This requires a certificate from a medical institution. But other evidence is also suitable (paragraph 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation Labor Code Of the Russian Federation "), for example, an act compiled in the presence of two witnesses. Refusal of the employee in relation to which the act is drawn up, from its signing legal importance has no. In this case, the act must make a refusal mark.

In some cases, recognize the state of intoxication is difficult. Therefore, the employee in court can expose doubt. The management of the company, most often incompetent drug abuse, may erroneously adopt the usual disease for intoxication. Given this, it is advisable to the employer to receive a medical conclusion.

The procedure for establishing a state alcoholic intoxication Fastened by the instructions of the USSR Ministry of Health from 09/01/1988 No. 06-14 / 33-14 "On the procedure for a medical examination to establish the fact of drinking alcohol and a state of intoxication" and the methodological instructions of the Ministry of Health of the USSR from 02.09.1988 No. 06-14 / 33-14 "Medical examination To establish the fact of drinking alcohol and the state of intoxication.

Medical examination may not conduct any health worker, but only a doctor who has passed the appropriate training. The examination is carried out in specialized offices of narcological dispensaries, in medical and preventive institutions or with departure in specially equipped cars for this purpose. The results of the examination are communicated immediately at the end of the survey. Persons who delivered an employee to determine the state of intoxication is issued to the hands of the Protocol of Medical Examination. In the absence of an accompanying person, the protocol of examination is sent by mail to the organization sent by a citizen.

It should be borne in mind that the ambulance workers are not authorized to establish the fact of intoxication. For this reason, the conclusion issued by them can be challenged.

3. Complete material responsibility is also provided for damage as a result of a crime of an employee established by the verdict of the court (paragraph 5 of Part 1 of Article 243 of the Labor Code of the Russian Federation).

Can not serve as a basis for attracting a person to full material responsibility (paragraph 11 of Resolution No. 52):

termination of a criminal case at the stage preliminary investigation; termination of the criminal case in court, including the rehabilitation grounds (for example, due to the expiration of the limitations of criminal prosecution, as a result of an amnesty act); Making an exclusive sentence.

The plenum of the Russian Armed Forces pointed out another important detail. If a conviction is convicted against an employee, but as a result of an amnesty act, he is completely or partially liberated from punishment, then it is possible to attract it to fully liable.

The decision to recovery from the employee of harm caused in full size can be made by the court simultaneously with the verdict. For this, the employer must present civil action in criminal proceedings. The content of the claim is determined by the Code of Civil Procedure of the Russian Federation.

It is necessary to remember the employer that the impossibility of attracting an employee to full material responsibility under the indicated basis does not exclude its right to demand full reimbursement for other reasons.

4. In accordance with paragraph 6 of Part 1 of Art. 243 TK RF employee carries full material responsibility for causing damage as a result administrative offenseif such installed appropriate state body.

An employee in this case can be attracted to full material responsibility, if, according to the results of the case administrative offense judge, organ or executiveCommissioner to consider this case made a decision on the appointment of punishment. It is in this case that the fact of the execution of the offense can be considered established.

If the employee was exempted from liability for committing an administrative offense in connection with his meaningfulness, it still can be made material responsibility in the full amount of damage. After all, the fact of the offense is considered established, and the signs of the branch of the offense - identified. Face in this case is released only from administrative punishment.

The employee cannot be attracted to full material responsibility under paragraph 6 of Part 1 of Art. 243 of the Labor Code of the Russian Federation due to the expiration of the timing of the limitation of attraction to administrative responsibility Either the publication of an amnesty act (if it eliminates the application of administrative punishment). These circumstances are an unconditional basis that excludes the proceedings in the case of an administrative offense. However, this limits the right of the employer to demand from the employee of the damage to the full amount to other reasons.

In addition to cases provided for in Part 1 of Art. 243 of the Labor Code of the Russian Federation, Deputy Head of the Organization may be involved in full material responsibility chief Accountant. This type of responsibility must be established in the employment contract with them (part 2 of Art. 243 of the Labor Code of the Russian Federation). Otherwise personal persons Will suffer material responsibility only within their middle monthly earnings.

Complete material responsibility for damage caused to the organization, comes by force of law (part 2 of Art. 277 of the Labor Code of the Russian Federation) against the head of the organization.

Procedure for damage compensation

Before making a decision on damages, the employer is obliged to check: to establish the amount of damage caused and the cause of its occurrence. For these purposes, he has the right to create a commission.

An employee may require such verification. If the employer refuses to conduct an inspection, he will not be able to attract employee to justice.

In addition, the employer is obliged to request a written explanation of the employee. However, the refusal or evasion of the explanation does not free the employee from the material responsibility. The employer will sufficiently fix such a failure (evasion) in the act. It is compiled by the representative of the employer. Two more workers must confirm in the act the fact of refusal or evasion their colleagues from the explanation.

Methods for compensation for damage.The easiest way to compensate the damage is to agree with the employee about the compensation of damage in a voluntary order. Options for compensation for harm in agreement of the parties to an employment contract may be different: with the consent of the employer, an employee can transfer to him for compensation for damage equivalent property or correct the damaged thing. The parties have the right to agree on compensation for damage to installment payments. In this case, the employee needs to receive a written obligation to reimburse damage indicating the specific timing of payments.

If the employee does not go to such a compromise, the amount of damage caused will have to collect. If it does not exceed the average monthly earnings of the employee, the recovery occurs in the outside judicial order. It is enough to prepare the employer to prepare the appropriate written order.

For forced recovery of damage in an amount exceeding the average monthly earnings, you will have to go to court.

Article 138 of the Labor Code of the Russian Federation found that total all retention with every payment wages It may not exceed 20%. In exceptional cases provided for by federal laws (for example, Article 107 of the Criminal Executive Code of the Russian Federation), as well as when held by several executive documents It is allowed to hold in the amount of no more than 50% of wages.

These restrictions do not apply to retaining from wages at:

serving correctional work; recovery of alimony on minor children; compensation for harm to persons who suffered damage due to the death of the breadwinner; Compensation of damage caused by a crime.

The size of retaining from wages in these cases cannot exceed 70%.

It is not allowed to hold out of payments, which in accordance with the law does not appeal. The list of such payments is set in Art. 101 of the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings".

The term of compensation. In an indisputable order, the employer may issue a decree on the recovery of damage no later than one month from the date of the finalization of the damage caused. If this time is the employer will miss, it can go to court with a claim. For this, he was allocated for one year since the detection of causing damage (part 2 of Art. 392 of the Labor Code of the Russian Federation). When passing the employer for good reasons and this period, it can be restored by the court (part 3 of Art. 392 of the Labor Code of the Russian Federation).

An exceptional circumstances may be attributed to the valid causes of the term, which are independent of the will of the employer who prevent the claim for the claim.

Position of the court. OJSC filed a lawsuit to V. On reimbursement of damage in the order of regression, explaining that by the fault of V. there was an accident. IN result of an accident Machine belonging to a third party caused mechanical damage. OJSC reimbursed the damage to a third party in full.

V. did not agree to hold the amount of damage from wages, the lawsuit did not recognize. In court he explained that the term of appeal to the court was missing. By the decision of the Krasnogorsk city court of the Moscow region of July 14, 2005, the claims of OJSC are partially satisfied. The Judicial Board of the Moscow Regional Court has found a court decision to be canceled. From the case file it follows that the accident occurred 06.10.2003. JSC replaced the damage to the third party on December 11, 2003. The court demanding to V. OJSC turned 13.04.2005. Thus, the judicial board considered that the claimant missed the limitation period. Good reasons Pass appeal to court has not submitted.

The conclusion of the Krasnogorsk city court of the Moscow region that the term for appealing to court was not missed, since the plaintiff presented a regressive claim, is erroneous. In this case, controversial relationships between the enterprise and his employee about compensation for damage caused by the employee are governed by labor legislation (the definition of the Moscow Regional Court of January 26, 2006 in case No. 33-925).

Damage to the court

All claims for the recovery of damage caused by the employee are considering regional courts.

The claims of the employer on damages must be confirmed by documents. The employer must submit to court:

calculation of the statement amount; Commission's conclusion (if it was created) on the fact of damage or shortage of values; Documents indicating the rights and obligations of the employee (officials and technical instructions, provisions, rules, etc.); Explanations of the employee about the damage caused or an act of refusing to give an explanation; an agreement on individual material liability (if it was concluded); labor contract; Order of the reception of a person to work; Reference O. technical condition warehouse (trade) premises (if, in fact, it is necessary); certificate of the average monthly earnings of the employee who has caused damage to the employer.

Depending on the type of damage caused by a worker and the creature of the case should be presented:

inventory acts (revision); acts about the destruction of material values \u200b\u200band the conduct of the markup; overhead; Payment and other documents certifying the receipt and payment of products (goods), etc.

Article 250 of the Labor Code of the Russian Federation provides a court right to reduce the amount to be recovered from the employee. At the same time, the degree and form of guilt, the financial situation of the employee, as well as other specific circumstances should be taken into account. However, it should be borne in mind that the amount deficient cannot be reduced if the damage is caused by a mercenary crime. In addition, the Court is not entitled to completely free the employee from compensation.

Evaluating the financial situation of the employee, the court will definitely take into account the size of earnings, other major and additional income, the number of family members, the presence of dependents, deducting on executive documents, etc.

The law does not indicate how much the court can reduce the amount to be recovered from the employee as a compensation for damage. The decision of the judges will depend on the specific circumstances of the case and the situation in which such damage is caused. In any case, the court decision in this part must be set forth convincing and motivated.

Thus, in order to avoid problems when considering the case in court, the employer should make sure that all documents are properly executed; Considered the circumstances that will have to prove; Timely and fully accomplished the actions necessary to attract an employee to material responsibility.

The size of the distinguished damage directly depends on the form of guilt - on intent or by negligence

Kupriyanov Fedor Alekseevich,

We must not forget that trial In the Russian Federation is a contestant and employee to prove the presence mitigating circumstances. In case of deliberate causing damage, the employee will certainly emphasize the attention of the judge under the conditions that led it to the action of actions (for example, the machine breakage was due to the need to produce a large number of products in a short time). An employee may also mention the actions that he undertakes after causing damage to minimize losses. That is why the employer needs to pay special attention to the working conditions of workers.

In addition, the deliberate damage to the property of the employer may form crime compositions. These include: intentional destruction or damage to property (Art. 167 of the Criminal Code of the Russian Federation); destruction or damage to property by negligence (Article 168 of the Criminal Code of the Russian Federation); Hooliganism (Art. 213 of the Criminal Code of the Russian Federation). In these cases, not only labor, but also civil and criminal legislationAnd the damage will be charged in full.

Courts take into account the results of the test of alcohol conducted by the employer

Ivanova Anna Andreevna,

Nor TK RF, nor the decision of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 does not establish the obligations of the employer to monitor the sobriety of employees in accordance with the temporary instruction of the USSR Ministry of Health "On the procedure for medical examination to establish the fact of drinking alcohol and intoxication" dated 09/01/1988. Moreover, this document was not published in official publications or registered as a regulatory act. In addition, many enterprises do not have the opportunity to send employees to drug development dispensaries, as required by the temporary instruction, due to the remoteness of its production. After all, if the employee is taken there later a few hours, the test results will not be confirmed by his fact of alcoholic intoxication. In this case, the courts evaluate all the evidence available, including the testimony of witnesses and the results of the survey conducted in the enterprise's medical center. Employers should be confirmed that the alkometter located in the medplenkte has a valid test certificate, and the test on the amount of alcohol in exhaled air was taken by a qualified specialist.

It is also worth noting that currently there are no clear criteria in legislation, which make it possible to conclude a person in the workplace in a state of intoxication. According to the methodological instructions of 02.09.1988 No. 06-14 / 33-14 "... intoxication of a light degree corresponds to the content of alcohol blood from 1.0% of up to 2.0% o. In accordance with the letter of the Ministry of Health of the Russian Federation of 21.08.2003 No. 2510 / 946803-32 "The fact of the use of alcohol is established with a positive result of the study of exhaled air and testimony up to 0.09%." Administrative Code under the state of alcohol intoxication implies ethyl alcohol At a concentration of 0.3% or 0.15 MGL per liter of exhaled air.

Employers are not protected from knowingly illegal strikes.

Ivanova Anna Andreevna,
international lawyer law firm Baker & McKenzie.

Employees may cause material damage to the employer not only in the performance of their employment duties, but also as a result of the decision to conduct a deliberately illegal strike. For example, the delegates of workers voted in favor of the strike four days before it, and the employer was notified of the start of the strike in less than a day instead of the last 10-day term. It is almost impossible to prove that employees deliberately voted for a deliberately illegal strike in order to suspend production and cause financial damage to the employer. In accordance with Art. 409 TK RF participation in the strike is voluntary. Delegates, vote for strike, implement their right to participate in the management of the organization, enshrined Art. 52, 53 TK RF. But at the same time they cannot oblige other workers to participate in it. In addition labor legislation Does not contain the concepts of "obviously illegal strike."

Thus, in such a case, employees do not bear material responsibility, and the employer defeated rights on judicial protection and protection private propertyprovided for in Part 1 of Art. 35 Constitution of the Russian Federation. Moreover, employees will not be able to attract and disciplinary responsibility For a violation of labor discipline - non-fulfillment of them of an employment contract, which obliges them to not damage to the employer. After all, social partnership issues are not related to the immediate implementation of labor duties.

Worker almost always can reduce the amount of recovery

Kupriyanov Fedor Alekseevich,
lawyer, associate professor, diploma of the Higher Law Prize "Femid", Cand. jurid Science

Reducing the amount of damage compensation is permissible in cases of both full and limited material responsibility of the employee. Article 250 of the Labor Code of the Russian Federation contains a list of grounds for this. It is important that this list is not closed, the employee can lead other grounds. However, employees most often occupy a passive position in court, without using, in essence, their procedural rights.

Court according to Art. 250 TK RF is not obliged to refer to evidence, but only may, given them, reduce the amount of recovery. Moreover, paragraph 21 of the still current resolution of the Plenum of the USSR SCSR dated 09/23/1977 No. 15 prescribes the courts to do this in exceptional cases. By deciding, the court takes into account primarily the property position of the employee and the presence of dependents. For example, under the claim of FSUE "Ulyanovsky Mechanical Plant" to Khrenova V. N. On Reimbursement material damage in the amount of 172 462 rubles. (caused a shortage of values \u200b\u200bin stock), taking into account the material situation of the employees by the decision of the Svetiviazhsky district Court It was charged only 35 thousand rubles.

Causing damage to the employee who was drunk, entails full material responsibility. As a rule, the court does not reduce the amount of recovery in this case. However, the serious material situation of the employee can play their role. So, Ulyanovsky regional Court According to the results of the consideration of the claim LLC "Inzenskaya" to Solnogubov V. P. On reimbursement of damage in the amount of 35,595 rubles. decided to recover from an employee for 10 thousand rubles. less. And this is despite the fact that he caused damage into a state of alcohol intoxication.

The Labor Code of the Russian Federation provides for the mandatory material compensation for the damage that an employee inflicted the employer.

The procedure for its compensation directly depends on the type of legal relations, which arose between the employee and the employer.

How is the amount of damage caused?

To determine its employer may generally and in a special order, guided by Art. 246 TK RF.

In general,

Compensation is calculated:

  • taking into account the actual losses at market value on the day of damage;
  • taking into account the real wear on the basis of accountability. This option is used if the market value of material values \u200b\u200bis lower than the purchase.
With help general order The employer can calculate from the employee's salary as a whole no more than one monthly earnings

If the amount of damage exceeds one salary, the remaining part of the compensation is repaid by the company, including at the expense of insurance premiums, if the damaged or lost property was insured or lost.

Special order

This option is used if:

  • damage was caused in the form of shortage or theft;
  • the actual amount of damage is higher than the nominal value of material values.

Note!

Tk of the Russian Federation allows the employer to hold no more than 20% from the employee's salary. If harm has been applied as a result of criminal acts, the amount of deductions cannot exceed 70%.

Depending on which material responsibility was entrusted to an employee, he will be obliged to refund the damage or in the amount of its one earnings, or in full.

If proceed from general rules, Each servant in case of causing the property of the employer of material damage carries limited liability within its average monthly salary.

Compact damage in full result will be a worker who has been entrusted with law and prisoners written contract.

Note!

The contract can be enclosed in individual order or on the whole team. It may have a permanent or one-time character (on the basis of power of attorney).

Not all employees can be attracted to full material responsibility, but only those that are specified in the Labor Code of the Russian Federation, as well as in some other laws of federal significance. For example, a person leading the company, regardless of its form of ownership, will bear full material responsibility in the event of damage to the enterprise.

Full material responsibility will also receive those employees who caused harm to be intentionally into intoxicated or after drug adoption

The agreement on limited or complete material liability is only after the employee has reached 18 years.

Procedure for recovery by employer compensation for damage

As soon as the employer discovered the fact of causing his property of material damage, it can begin the procedure for recovery from the cashier's employee. If the amount is small, or the guilty person had a previously good reputation, the employer has the right to fully or partially refuse its requirements.

Any decision on attracting or refusing to attract to the sanction should be necessarily issued as a written order.

It is possible to determine the size of the damage after inventory, guided by the relevant legislation standards. After that, the employer should publish his written order, on the basis of which the money will be held later.

Note!

The order must be published no later than the monthly period from the moment when the fact of damage or the loss of material values \u200b\u200bwas detected and reflected in the inventory act.

Hold an amount not exceeding the average monthly salary that an employee received over the past 12 months.

Distributing money on the repayment of inflicted material damage cannot be made of funds that were accrued to a citizen:

  • during the way on a business trip;
  • in connection with the transfer to other locality;
  • as decal payments or maternity benefits;
  • due to the depreciation of the working tools.

If a team of several employees were guilty to blameed, the size paid by each compensation brigade members will be determined taking into account the type of material responsibility (complete or limited) and the degree of guilt.

If members of the brigade agree with the size of the retention, they pay damage voluntarily, otherwise the recovery will be carried out in court.

Options for compensation for material damage by employee

If the management of the company caught an employee in causing material damage, he has three options: to pay voluntarily, to make money after the appropriate order of the employer or after the decision of the court.

Voluntarily

If the employee agrees to compensate the damage voluntarily, this desire must be decorated in writing.

Parties should reach an agreement on the list of material values \u200b\u200band agree on the conditions for the implementation of payments

The form and amount of compensation must be defined by the employee and the employer.

Note!

An optional repayment of damage should be made only in cash equivalent. It may be different or equivalent to lost or spoiled property.

Both parties can conclude an installment agreement. If the condition is not respected from the employee, the employer will be able to demand the payment of debt through the judicial authorities.

If the agreement will indicate the amount of more than one average monthly salary of the employee, he has the right to refuse to pay a part of the debt exceeding this amount.

In extrajudicial order

Extrajudicial reimbursement of damage occurs after publication by the employer of the relevant order. Must be observed mandatory conditions:

  • labor relations between the employee and the employer should continue throughout the entire period of damage collection;
  • compensation size can not be more than the monthly income of the employee;
  • after finding the fact of the loss of material values \u200b\u200bor their damage should not pass more than one month.

Judicial recovery

Reimbursement of damages in court may be possible if:

  • the amount of damage exceeds the monthly salary of the guilty side;
  • after the detection of the fact more than a month passed;
  • the employer has proved the fact of causing him to the enterprise of damage, indicating a specific amount and determining the degree of guilt of each employee, if there is a collective responsibility agreement.

All these circumstances should be reflected in the claim.

Damage to the dismissed employee

If, after detecting the damage, the employee quit, to recover compensation from him only by submitting a claim at the location of the enterprise.

If the property was insured, as a regression to recover due amount in court may insurance Company

Determination of the term for going to court

The employer is entitled to contact the judicial authorities within 12 months from the date of damage. This date is considered a day when the employer has established the presence of missing or damaged property, or the day of the end of the inventory.

When signing the Parties to the Written Agreement on the payment of compensation and making an employee who already quit, the next payment, the first missed day of payment will be the beginning of the period of reference. In case of violation of the limitation period, the employer loses the right to recover money from the employee, regardless of the presence of his guilt.

Drawing up a claim

Statement of claim includes:

  • the name of the judiciary;
  • the name of the plaintiff and F.O.O. the defendant and their location;
  • requirements for damages;
  • circumstances that are the basis for nomination of the claimant claim, taking into account all the evidence of the guilt of the citizen;
  • the cost of the claim taking into account the full amount of the accumulated amount;
  • information confirming the pre-trial settlement of the situation;
  • the date and signature of the plaintiff;
  • list of necessary documents.

Summary

To recover material damage that an employee inflicted its employer is possible in a voluntary, extrajudicial and judicial order. In all cases, an order should be published in a timely manner.

If you are accused of such a misconduct, but you disagree with the actions of the employer, you have the opportunity to challenge them in court. Help figure out this situation will be able experienced lawyers Our company.

The duty of one side of the employment contract (employer or employee) to compensate the damage caused by the other party is provided by Art. 232 TK RF. The personal responsibility of the employee is devoted to ch. 39 TC RF. On the procedure for compensation for material damage to the employee, we will tell the employer in our consultation.

Damage to the employee: In what size

Of course, the employer in general Can forgive the employee caused damage completely or partly (Art. 240 of the Labor Code of the Russian Federation). But it is rather an exception.

Issues also do not arise if the parties to the employment contract reached an agreement on voluntary compensation for the material damage to the employee in full (Article 248 of the Labor Code of the Russian Federation). But most likely, the desire to cover 100% of the damage to the employee will not be.

In general, the material responsibility of the employee for the damage caused to the employer is limited to the average monthly earnings (Art. 241 of the Labor Code of the Russian Federation).

But if the law permits to conclude a contract with a specific employee about full material liability and such an agreement with the employee was concluded, to recover from it it will be possible directly valid damage in full. Recall that the list of works or categories of workers with whom the contract for complete materiality can be concluded in principle, is provided for by the Decree of Mintrud dated December 31, 2002 No. 85 (Art. 244 of the Labor Code of the Russian Federation).

Regardless of the availability of an agreement on full material responsibility, the damage in the total amount can be recovered from the employee if such damage is caused (Art. 243 of the Labor Code of the Russian Federation):

  • or intentionally;
  • or in a state of alcoholic, narcotic or other toxic intoxication;
  • or as a result of criminal actions established by the verdict of the court;
  • or as a result of an administrative offense, which is established by the corresponding state body;
  • or not in the performance of labor duties.

It is important to take into account that incomplete income (missed benefits) should be required from the employee (part 1 of article 238 of the Labor Code of the Russian Federation).

Procedure for collecting damage

Employer must B. obligatory Consider a written explanation from the employee about the damage. If the employee is given to such an explanation refuses, it is necessary to make an act (part 2 of Art. 247 of the Labor Code of the Russian Federation).

Prior to recovery of damage, the employer must check the amount of damage caused and establish its causes. For these purposes, a special commission can be created (Part 1 of Art. 247 of the Labor Code of the Russian Federation).

The recovery of damage from the employee is made on the basis of the order of the employer. Such an order may be issued no later than 1 month since the final determination of the amount of damage caused. This afternoon there may be the date of the property inventory. In case of violation of the monthly period, damage can be made only in court (part 1 of Art. 248 of the Labor Code of the Russian Federation).

If the size of the damage caused by the employee exceeds its average monthly earnings, and the employee does not agree to compensate, to recover the debt will be possible only through the court (part 2 of Art. 248 of the Labor Code of the Russian Federation).

The worker himself can also go to court if disagree with the decision of the employer to recover the amount of material damage from it.

03.09.2019

Compensation of damage caused by the employee occurs in two ways: voluntarily or through court.

Each of these ways accompany certain conditions, And the procedure for compensation is regulated by law.

With these goals, the head conducts an inspection. He creates a special commission, and also requires an employee explanatory.

The fact of damage, its size should be reflected in the act of inventory or in another internal document Enterprises.

Methods of voluntary damage a lot. For example, an employee can transfer equivalent property to the head, which caused damage, make money, fix the damaged, etc.

Payment of payment is also allowed by law. But this should be appropriately decorated. The employee writes the obligation that he will reimburse damage indicating the date of making money.

If the employee is dismissed from the enterprise, gives a written obligation, and then does not fulfill it, the repayment of debt is already carried out in court.

From wages, the employer can also hold money. But only if the amount of damage caused to him is no more than the average earnings of its subordinate.

Wage hold

Judicially

The procedure for collecting material damage through the judicial authorities begins with filing a claim for the guilty person.

Judicial practice, in particular, decree No. 52 of the Russian Armed Forces of the Russian Federation found that when dealing with the court, the employer must establish all significant circumstances of the case with legal point vision and prove their judge.

Circumstances that are significant for the court, Sun called:

  • the absence of facts that would exclude the material responsibility of the employee;
  • the presence of a causal relationship between human actions and the consequences of its actions - damage.

To seek a suit of court at the place of residence of the defendant. This is evidenced by Art. 28 Code of Civil Procedure of the Russian Federation. If the location of the respondent is unknown, then at the location of the property of the plaintiff.

The lawsuit is drawn up by the general rules of Art. 131 GPK.

Important: Employers should be remembered that there are circumstances that exclude the material responsibility of the subordinate.

In particular, this extreme need, circumstances of force majeure, as well as non-performance by the employer of the rules of storage of property.

The term of lawsuit

The limitation period is 1 year. It is calculated by S. last day Audit, which recorded the shortage, damage, damage, or from the moment when the employer learned that he was damaged.

If the employer missed the period under Art. 392, part 3 The court can extend it, but only for reasons recognized as respectful.

But respectfulness is difficult to explain to the court in practice.

For example, the employer may prove that the appeal to the court on the subordinate to him interfere with the circumstances of force majeure.

IMPORTANT: If between the parties (the employee, his boss), an agreement was concluded that the first pays compensation on a voluntary basis, but does not make it limitation of actions Begins to report from the day of the first overdue payment.

How to make the requirement to the employee about compensation for damage

Prior to the decision of the decision to compensate for the employee of the damage, the employer must fully check the causes of damage to determine its size.

The process is formed by the Commission in which the relevant specialists take part.

In addition, a written explanation from an employee about the causes of what happened is necessary.

According to the results of the verification, the act is drawn up.

An employee, guilty of lacking or in other damage, under Art. 238 TC RF is obliged to refund him.

But it may happen that the organization itself, the head for the employee compensate the damage.

It's fast and free!

Labor relations are largely based on the employer's trust in the employee. The staff is provided with the necessary tools and equipment, often possessing high material value (for example, office equipment). In some cases, the employee under the report is issued large amounts of money, for safety or strict target use which he is responsible. In the case of loss, damage or shortage of property, entrusted to the employee, the organization has the right to restore the damage from the perpetrator.

How to fix the fact of causing harm, to establish its size and explore the circumstances in which he originated, explains Anastasia Morgunov, director of the Tax Consulting Department of the Internet Accounting "My Business".

Under what conditions does the employee's material responsibility arise before the employer?

It occurs while simultaneously presented:

- causing direct valid damage. The confirmation of the fact of damage is, for example, the act of detecting damage caused by the employee, explanatory note of the employee on the fact of damage, inventory materials and other evidence

(in particular, damaged property itself);

- anti-action action or inaction worker. For example, damage arose as a result of the fact that the worker did not perform his duties established by the employment contract, job description, Internal Labor Rules and Other Rules local acts organizations;

- causal communication between unlawful actions Or inaction of the employee and has come directly valid damage. The causal relationship must be obvious. For example, an employee dropped to the floor of the computer, which after that stopped working;

- wines worker In causing damage to the employer. Under wine are intended or negligence (frivolity, negligence) in the actions of the employee who led

to the emergence of damage from the employer.

Confirmation: Part 1 Art. 233 of the Labor Code of the Russian Federation, paragraph 4 of the Resolution of the Plenum Supreme Court RF No. 52 of November 16, 2006, Letter Rostrud No. 1746-6-1 of October 19, 2006

Comment:By installing the blame of the employee, it is necessary to find out if it could do in this situation otherwise, whether he had the opportunity to avoid material losses. There are circumstances that completely exclude the guilt of a person who caused damage (if, of course, he will be able to confirm their presence with sufficient evidence). This is an extreme necessity, the action of force majeure, the normal economic risk, the necessary defense, as well as the non-fulfillment by the employer of the obligation to ensure appropriate conditions for storing property. Labor Code of the Russian Federation, mentioning these concepts in Art. 239, does not reveal their essence. I believe that in this case you need to be guided by other regulatory acts, in particular, Art. 401. Civil Code RF, Art. 37, 39 Criminal Code of the Russian Federation, Art. 2.7 Administrative Code. abz 2 p. 5 Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006 on the sitewww.moedelo.org. you can learn on practical examples how to apply the above concepts to labor relations.

What is the material responsibility of the employee before the employer?

The employee's responsibility is the obligation to compensate the direct valid damage caused by the employer (losses that can accurately calculate). At the same time, the employer is not entitled to collect outrageous incomes from the employee (missed benefits).

Under direct valid damage is understood (in aggregate):

Real decrease in the cash supply of the employer or the deterioration of its condition

(including the property of third parties at the employer, if he is responsible for its safety);

The need for an employer to make costs or unnecessary payments to the acquisition, restoration of property or to reimburse damage caused by the employee to third parties.

For example, to direct valid damage can be attributed:

A shortage of monetary or property values;

Damage materials and equipment;

Expenses for the repair of damaged property;

Payments for the time of forced absenteeism or downtime;

The amount of the paid fine, which is applied to the employer due to the fault of the employee.

Dogged that the employee caused to third parties means all the amounts paid by the employer to third parties on damage compensation. At the same time, the employee may be responsible only within these amounts and, provided that there is a causal relationship between its guilty actions (inaction) and causing damage to third parties.

Confirmation: Part 1, 2 Art. 238 of the Labor Code of the Russian Federation, paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006, the letter of Rostrud No. 1746-6-1 of October 19, 2006

In what volume does the employee have to reimburse the damage?

The employee must reimburse the damage or in its middle monthly earnings, or in full. It depends on how material responsibility is entrusted to the employee.

As a general rule, the employee carries limited material responsibility For damage caused - within its middle monthly earnings (Art. 241 of the Labor Code of the Russian Federation). But in some cases it may be naked full material responsibility, that is, the obligation to compensate the damage caused to the employer in full (Art. 242 of the Labor Code of the Russian Federation).

Cases of full material liability are listed in Art. 243 Labor Code of the Russian Federation. For example, it can be assigned to an employee in accordance with the Labor Code of the Russian Federation or federal laws. So, in accordance with Art. 277 Labor Code of the Russian Federation The Head of the Organization shall be fully liable for damage caused to the employer.

In addition, the complete material responsibility of the employee is borne, if he caused damage as a result of a crime, administrative misconduct, while drunk, having intent on damage to the employer, and in some other cases.

Such responsibility comes and in the case when the employee was entrusted with the values \u200b\u200bunder the Treaty on full material responsibility concluded with it individually or as part of the team (brigades), or he received them in a one-time document (power of attorney). It should be remembered that the agreement on full material responsibility can be concluded only with an adult employee (over 18 years old).

Confirmation: Art. 2439-245 Labor Code of the Russian Federation, paragraph 9-12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006

Comment:Employers sometimes consider the conclusion of the Treaty on the full liability of "Panacea from all the troubles". Some even offer to sign such a document to everyone without exception to employees adopted in the organization. However, it should be noted that the Treaty on full material liability can be concluded only with employees, the positions (work) of which are included in the lists, approved. Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002 (financially responsible persons). In other cases, the presence of such agreements is not justified - they will not have legal force. This clearly demonstrates judicial practice.

Several employers tried to recover from employees through the court caused damage in full, however, the damage was legitimately recognized in the amount of the average monthly earnings of the defendants. The fact is that agreements on full material liability were wrongfully concluded with employees who do not fall into the above-mentioned lists (a specialist of the production department and a guard). These employees were not directly maintained by the service or use of cash, commodity values \u200b\u200bor other property. The court indicated that these list of posts (works) are not subject to exhaustive and expansion interpretation (definition of the Supreme Court of the Russian Federation No. 18-B09-72 of November 19, 2009, the definition of the Moscow City Court No. 33-19538 of June 24, 2011, Definition of Primorsky regional Court № 33-2124 of March 29, 2010).

How to determine the amount of material damage (loss) caused by the employee?

Determine the amount needed (as a general rule) based on market priceswho caused damage. They must be valid for the day of damage (for example, on the day of detecting a shortage of one or another property). At the same time, the amount of material damage cannot be lower than the value of the property according to the accounting data (taking into account its wear).

Confirmation: Part 1 Art. 246 Labor Code of the Russian Federation.

However, individual regulatory acts Another procedure for determining the amount of material damage can be established. For example, for the embezzlement or shortage of narcotic drugs, psychotropic substances, the employee is responsible in the amount of a 100-fold amount of direct valid damage caused by the organization (clause 6 of Article 59 of the Federal Law No. 3-FZ of January 8, 1998).

Confirmation: Art. 238, Part 2 of Art. 246 Labor Code of the Russian Federation.

How to confirm the amount of material damage (loss)?

Confirm the amount must be confirmed before making a decision on compensation for material damage (loss) by the employee. The procedure for confirmation of the amount depends on the type of material damage caused.

As a general rule, to establish the amount of damage caused (loss) and the reasons for its occurrence of the employer must to inspect. To do this, the organization has the right to create a special commission with the involvement of the necessary specialists (part 1 of Art. 247 of the Labor Code of the Russian Federation). For example, such an inspection is necessary if damage occurred as a result of the necessary defense. The material responsibility of the employee in this case is completely excluded (Art. 239 of the Labor Code of the Russian Federation).

When identifying the facts of embezzlement, abuse or damage to the property, the above check is carried out as inventory(paragraph 2 of Art. 12 of the Federal Law No. 129-FZ of November 21

1996). Its results should be indicated in the accurate statement (Form No. Inv-18 or invo-19).

Confirmation: p. 4.1 of methodical instructions, approved. Order of the Ministry of Finance of Russia No. 49 of June 13, 1995

The amount of material damage obtained as a result of an accident, which occurred due to the fault of the employee, can be established without conducting the internal audit. This is due to the fact that the rationale for the causes of material damage and its sums may be:

Documents received from traffic police workers on the fact of the accident (as confirming the cause of damage);

Documents derived from repair and insurance companies (confirming the amount of damage caused by the guilty employee).

After the amount of material damage is determined, the organization is necessary celebrate written explanations of the reasons for which the damage arose. In the event of a refusal (evasion) of the employee from the provision of such an explanation, you need to make an act.

Confirmation: Part 2 Art. 247 Labor Code of the Russian Federation.

How to reflect the shortage of the shortage that arose due to the materially responsible person (other perpetrators) and detected as a result of the inventory?

Reflect the revealed shortage (taken into account after an inventory of the debit of account 94 "shortages and losses from damage to values") needed as mutual settlement with a materially responsible employee (other person) recognized by the culprit.

Wiring in this case will be the following:

Debit 73-2 (76-2) Credit 94

Reflected repayment of debt on the lack of an employee (other guilty person).

The market value of the property that the guilty person compensates may exceed the value on which property is reflected in accounting. In this case, the organization must draw the following wiring:

Debit 73-2 (76-2) Credit 94

There is a shortage of the cost of which property is reflected in accounting, due to a materially responsible person (other perpetrator);

Debit 73-2 (76-2) Credit 98-4

The difference is reflected between the amount that is subject to recovery from the perpetrator, and the cost at which property is reflected in accounting.

As I recovers from the perpetrators of money due from it, the indicated amount is written off into other revenues proportionately rejected debt:

Debit 50 (51, 70) Credit 73-2 (76-2)

Reflected repayment of debt on the lack of an employee (other guilty person);

Debit 98-4 Credit 91-1

The difference is reflected between the amount that is subject to recovery from the perpetrator, and the cost of missing values \u200b\u200bas part of other revenues.

If the shortage, which arose due to the fault of a materially responsible person (other perpetrators), was revealed in the reporting period, but refers to last reporting periods, it should be considered as part of the income of future periods:

Debit 94 Credit 98

The shortage relating to past periods is reflected, but detected in the reporting period;

Debit 73-2 (76-2) Credit 94

The shortage revealed in the reporting period, but relating to the past periods, due to a materially responsible person (other perpetrator).

As I recovers from the perpetrators of the amount due from it, the shortage is written off the following income:

Debit 98 Credit 91-1

It is reflected in the income of the shortage, detected in the reporting period, but relating to the past periods.

Wines of a materially responsible person (other perpetrators) must be documented. Confirming documents may be a decision of investigative or judicial bodies, conclusion about the fact of valuables, which is issued by the technical control department or relevant specialized organizations (Inspections in quality, etc.).

Confirmation: Section 5.1, 5.2 of Methodical Indications, UTV. Order of the Ministry of Finance of Russia No. 49 of June 13, 1995, instructions for account plan.

Also on the site www.moedelo.org you will find the necessary accounting wiring in order to reflect:

Retention of material damage caused by the organization, from the employee's salary;

Not returned for accountable amounts issued by the employee to fulfill the official task, as well as the retention of such amounts from the employee's salary;

The shortage of the property that owns the organization, but not listed on the balance sheet accounts, if the cause of the shortage of the employee (financially responsible or other perpetrator), and others.

What is the maximum amount of deduction amounts of material damage from employee salary?

The maximum amount of deductions to the amount of material damage from the employee should not exceed its average monthly earnings (part 1 of article 248 of the Labor Code of the Russian Federation).

At the same time, with a monthly salary of the employee, it is possible to hold no more than 20 percent (part 1 of Art. 138 of the Labor Code of the Russian Federation).

The amount of damage, which exceeds the average monthly earnings of the employee (when attracting full material responsibility), if the guilty does not agree to compensate it voluntarily, it can be recovered from it only through the court (Part 2 of Art. 248 of the Labor Code of the Russian Federation).

An employee can voluntarily repay the damage caused to them (both with limited and complete material responsibility). In this case, by agreement of the parties, damages with installment payments are allowed. In addition, the employee must submit to the employer a written commitment to damages in which it is necessary to specify specific dates of payments (part 4 of Art. 248 of the Labor Code of the Russian Federation).

An employer can confirm his consent to installment payments:

Or a permissive inscription (for example, "not object" or "resolve") on the written committee of the employee;

Or separate regulatory documentwhere the procedure for calculations will be registered (for example, by order, order).

If the employee gave a written obligation to refund material damage, and after that he quit and refused to pay the debt, an outstanding debt can only be recovered through the court.

Confirmation: Part 4 Art. 248 Labor Code of the Russian Federation.