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Company / Laws

Does the composition of the material damage the retail margin?

Question - answer - Legal advice 11.06.2019 at 11:19

Question - answer - Legal advice

Joint-stock company has addressed in court with the claim to the employee to recover from him the amount of damages. The employee worked as a head of warehouse, it was concluded a contract on full material liability. As a result of the employer inventory revealed shortage of material values for the sum more than 200 thousand. RUB. Worker, among other things, referred to the court on an incorrect determination by the employer of the amount of recoverable damages. In the opinion of the employee, the damage had been illegally included the trading margin. That is, the employer recover from the employee the price of the lost material values, by which he intended to implement them, not the amount actually incurred for their acquisition costs (determination of the Supreme Court of the Republic of Buryatia from December 12, 2018, case No. 33-4317/2018). Note that the question of the legality of recovery from the employee of the trading margin in the composition of damages often becomes a subject of labour disputes. Usually the employees appeal against the legality of such actions of the employer, appealing to the fact that the amount of the trade margin, which the employer sustained a loss due to the inability to realize the lost item is, by its nature, is the loss of profits. And she, in turn, cannot be recovered from the employee in virtue of Express provision in article 238 of the Labour code.