THEORETICAL AND APPLIED FOUNDATIONS OF EMPLOYEE MATERIAL LIABILITY

Oleksandr Bondar

doi:10.23856/6518

Oleksandr Bondar Dnipro State University of Internal Affairs https://orcid.org/0000-0003-4870-9206

Keywords: material liability, labor legislation, employees, damages, regulation.

Abstract

This article delves into the theoretical and practical aspects of employee material liability, focusing on the standards governing the material liability of employees in Ukraine and the European Union. The research aims to analyze the current Ukrainian legislation and international practices to improve approaches to regulating material liability within a market economy. General scientific methods of cognition, such as analysis, comparison, systematization, and generalization, were employed during the study. The findings reveal that Ukrainian legislation stipulates four main types of material liability: full, limited, enhanced, and collective. Full material liability, as regulated by Article 134 of the Labor Code of Ukraine (LCU), applies when there is a written agreement between the employee and the employer, particularly in cases where the employee is entrusted with material assets for use or safekeeping. Key documents for this include an authorization and an agreement. Additional full liability arises in cases of intentional damage or when the employee is under the influence of alcohol or drugs. Limited material liability is applied when the losses are less than the average earnings of the employee and does not cover amounts exceeding this threshold. The procedure for calculating average wages is regulated by the CMU Resolution No. 100 of February 8, 1995. Enhanced material liability pertains to employees involved in the handling of precious metals, stones, and currency valuables and can reach up to double or triple the value of the incurred damages. Collective liability applies to groups of employees jointly responsible for damage caused to the enterprise. The practical significance of the research lies in the potential for enhancing the legal framework governing employee material liability in Ukraine, taking into account European experience.

References

1. Antonchyk, Y. (2023). Cases of the employer’s material liability for the damage caused to the employee. Retrieved from http://dspace.wunu.edu.ua/bitstream/316497/33998/1/171.pdf
2. Bachynskyi, & Partners. (2018). Financial liability of the employee for the damage inflicted on the company. Retrieved from https://legalaid.ua/en/financial-liability-of-the-employee-for-the-damage-inflicted-on-the-company/
3. Contract Administration. (2024). Labour Code – what is an employee’s material liability? Retrieved from https://ca-staff.eu/en/publications/labour-code-what-is-an-employees-material-liability/
4. Gudeliauskiene, L. (2009, October 21). Material liability of an employee and effective means for recovering damages. The Baltic Times. Retrieved from https://www.baltictimes.com/news/articles/23727/
5. Khutorian, N. M. (2003). Theoretical problems of material responsibility of the parties to labor relations: Abstract of the dissertation for the degree of Candidate of Law: specialty 12.00.05. Kharkiv, 26 p.
6. Kushnir, N. V. (2017). Ensuring gender parity in liability and labor disputes. Scientific Notes of the Kharkiv University of Economics and Law, (1(19)), 33–37.
7. Kuznichenko, O. V. (2014). Problems of the formation and development of the institution of material liability in modern conditions. South Ukrainian Law Journal, (3), 89–92.
8. Lutsiuk, P. S. (2017). Conceptual foundations of legal responsibility in the current conditions of labor law development: Doctoral dissertation, Doctor of Law: 12.00.05. Severodonetsk, 468 p.
9. Myronenko, V. P. (2012). The concept of material liability of employees in labor law. Legal Science, (1), 52–58.
10. Prylipko, S. M. (2014). Features of the material responsibility of the parties to the employment contract. In K. Yu. Melnyk (Ed.), Unity and differentiation of labor law and social security law: Proceedings of the 3rd All-Ukrainian scientific and practical conference (pp. 41–50). Kharkiv: Kharkiv National University of Internal Affairs.