Is there a contract of material liability with the loader. Algorithm for recovery of damages

The defendants refused to voluntarily compensate for the damage caused. Since the amount of damage exceeds the average earnings of the defendants, they ask the court to recover from the defendants in compensation for the full actual damage of ... rub. each in equal shares. At the court session, the representatives of the plaintiff supported the stated requirements, indicating that during the period of shortage of sugar, the defendants worked in the warehouse, only storekeepers and loaders had access to the warehouse. The warehouse was opened and closed by storekeepers, the warehouse manager Kuznetsova and the storekeeper had the keys. The warehouse building is guarded by LLC ChOP "Black Scorpio", there is no alarm system. When the warehouse was closed, the doors were sealed. In December 2009, it became known from warehouse workers that Kuznetsova was taking out bags of sugar without payment.

Is it possible to conclude an agreement on full liability with loaders?

In particular, written agreements on full individual liability can be concluded with employees who receive, procure, store, record, issue, transport material assets, as well as with employees who carry out work on receiving, processing (manufacturing), storing, accounting, issuing (issuing) material assets in warehouses , bases, in pantries, points, departments, at sites, in other organizations and divisions (Appendix N 1 to the Decree of the Ministry of Labor of Russia N 85). However, the implementation specified works not associated with functions related directly to the profession of a loader.

Full mat. responsibility

Attention

LLC "TALETS LTD", the head of the team was appointed .... Kuznetsova M.N. On November 2, 2009, an agreement on full collective liability was concluded between the employer and employees in the amount of 11 people.

The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse. As a result of the February 2010 During the inventory at the warehouse, a shortage of granulated sugar was found in the amount of 4600 kg, which is confirmed by the inventory sheet dated February 05, 2010.
and collation statement dated the same date. According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for Altai Territory April 29, 2010 the amount of shortage of granulated sugar in the warehouse of LLC "Telets LTD" was established in the period from December 30, 2009. to February 05, 2010, which amounted to … rub.

Is the loader financially responsible person?

Popular questions From the answer "How to arrange a combination of professions (positions)" Ivan Shklovets, Deputy Head Federal Service on labor and employment 3. Arbitrage practice: case No. 33-2491 / 2011 DEFINITION On March 30, 2011, the Judicial Collegium for Civil Cases of the Altai Regional Court, composed of the presiding Vishnyakova S.G.

judges Sekerina Oh.AND., Mzhelskoy T.A. examined in open court the cassation complaint of the representative of the plaintiff Ltd. «TALETS LTD» against the decision of the Eastern District Court of Biysk, Altai Territory of 07 December 2010. in the case of the claim LLC «TALETS LTD» to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.AND. on the recovery of damages, after hearing the report of Judge Vishnyakova S.G., she established: On October 19, 2009, she was hired in Taurus LTD LLC in the position ... Eroshenko E.I., November 02, 2009.

Can there be two financially responsible persons in one warehouse

The basis for the onset of full liability, from the list established by this norm, the employer indicates the lack of valuables entrusted to the defendants on the basis of a special written agreement (Article 243 part 2 labor code Russian Federation), i.e. on the basis of an agreement on full collective liability. As established by the court, on the basis of the order of the employer dated 02 November 2009.
he (the employer) on the same day with the defendants, as part of a team (team) of 11 people, concluded an agreement on full collective liability. Kuznetsova MN was appointed as the head of the team. The contract was signed by all members of the team. The brigade included, in addition to merchandisers and the warehouse manager, loaders.

QUESTION: At the retail trade enterprise, an agreement on collective financial responsibility was concluded with employees, among whom the loader was included. Is it legal? ANSWER: The employer, taking into account the approximate list of works, during the performance of which collective (team) material liability can be introduced, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 14.04.2000 No. 54, on the basis of a collective agreement, and in its absence, independently can approve the list of positions and works replaced or performed by employees with whom written contracts of full) material collective (team) liability can be concluded.
Consider, for a start, with which categories of employees contracts on full liability can be concluded.

Can a loader transporter be a financially responsible person

When asked if she had paid for the sugar, the latter replied that she would pay later. He believes that it is not his fault for the shortage. defendant Kuznetsova M.N.
objecting to the claim, she explained that she worked as a senior storekeeper, was engaged in shipment and packaging of goods. Two more storekeepers and loaders worked in the warehouse. There are several gates in the warehouse, one of them is central, entry to outsiders is prohibited. The warehouse was closed by the storekeeper, who was the last to leave, the gates were not sealed, a note was inserted into the lock, indicating who closed the warehouse.
From the gate there were 2 sets of keys, she and Eroshenko. In November 2009, she purchased 2 bags of sugar at the warehouse, for which she paid. Documents on payment are in LLC "Taurus LTD". It is not her fault for the lack of sugar.
Perhaps the shortage was formed due to the loss of documents for sugar. December 07, 2010
Moreover, the responsibility of each storekeeper was not individually differentiated, the place of storage of goods received by each of them was not individualized. Under such circumstances, the panel of judges agrees with the conclusion of the court that there are grounds for refusing to satisfy the claims made by the plaintiff for the employer to recover damages from employees on the grounds of Art. 345 labor code

Important

Russian Federation. The arguments of the cassation complaint about the possibility of determining the amount of damage, taking into account the rest of the team members (loaders) are not based on the law mentioned above. Taking into account that the disputed contract cannot be recognized as concluded, other arguments of the cassation appeal do not entail the cancellation of the court decision, since they have no legal significance for the case.

Kuznetsova M.N., 11/18/2009 was transferred to the position of ... enterprise Tishkevich A.V. On November 2, 2009, by the order of the director of the enterprise, full collective material liability was established at the warehouse of OOO TALETS LTD. The head of the team was appointed ... Kuznetsova M.N. On November 2, 2009, an agreement on full collective liability was concluded between the employer and employees in the amount of 11 people.

Info

The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse. As a result of the February 2010 Inventory at the warehouse revealed a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by the inventory sheet No. T6 dated February 05, 2010.

and collation statement dated the same date. According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for the Altai Territory of April 29, 2010.
The list of positions and works replaced or performed by employees with whom an enterprise, institution, organization can conclude written agreements on full liability for failure to ensure the safety of valuables transferred to them for storage, processing, sale (vacation), transportation or use in the production process, approved by the Decree The State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated December 28, 1977 N 447/24 does not contain the profession of a loader.

The basis for the onset of full liability, from the list established by this norm, the employer points to the lack of valuables entrusted to the defendants on the basis of a special written agreement (Article 243 Part 2 of the Labor Code of the Russian Federation), i.e. on the basis of an agreement on full collective material responsibility. As established by the court, on the basis of the order of the employer dated 02 November 2009. he (the employer) on the same day with the defendants, as part of a team (team) of 11 people, concluded an agreement on full collective liability. Kuznetsova MN was appointed as the head of the team. The contract was signed by all members of the team. The brigade included, in addition to merchandisers and the warehouse manager, loaders.

Is it possible to conclude an agreement on full liability with loaders?

The labor function of an employee, enshrined in an employment contract, is determined by the position, profession (specialty), qualifications and nature of the work performed. TransportMM - transport portal To a greater extent, this applies to workers working as a driver-forwarder.

since, the legal service of most transport - forwarding companies. carrier companies. I have encountered such issues more than once in my practice, and she knows perfectly well how to protect her rights. Also, there is a tendency when some employers, an employee who actually works as an ordinary driver, in every possible way, by signing "various additional agreements", are trying to turn into a forwarding driver. Logistics of Russia 138 of the Labor Code of the Russian Federation, art.

Loader financially responsible person or not

FAS SZO: return of material evidence in a criminal case is possible only after a statement So decided the Arbitration Court of the North-Western District. Top Stories: Alcohol Litigation Litigation Alcoholic beverages are not only a staple of every holiday, but also a business item.

Attention

Therefore, they often become the subject of administrative and tax fines, the subject of customs disputes and consumer protection proceedings. In the review of judicial practice - disputes about alcohol. Employment CEOs regulate Civil Code The Ministry of Justice of Russia proposes to exclude from the Labor Code of the Russian Federation the norms on regulating the conclusion of contracts with the heads of organizations.

Material responsibility of loaders

In the same place where it is impossible to do without “clean” loaders, a strict habitat should be determined for them. How to transfer goods and materials in the absence of a financially responsible person? Is it possible for the enterprise to carry out such a transfer without the presence of the transferring financially responsible person, and if so, how to formalize it legally? Such a possibility exists, but subject to the fulfillment by the enterprise and the financially responsible person of the transferring goods and materials of certain requirements of a number of norms of the current legislation.

Let's consider everything in order. Conducting an inventory when changing financially responsible persons on the day of acceptance and transfer of cases is mandatory in accordance with paragraph 1 of Art.

Full mat. responsibility

Is it possible to conclude an agreement on full liability with the loader? Indeed, in the list of positions and works there is no position of a loader. At the same time, I know that in many organizations these agreements are concluded.
How right? Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85 to some extent limited the arbitrariness to introduce full liability for employees.

Important

Indeed, many employers tend to consider all employees financially responsible. This is not true. All employees, without exception, bear limited liability.

But the full one - only financially responsible persons, i.e. those employees whose labor activity is related to the storage, processing, sale (vacation), transportation or use of material assets in the production process. Thus, agreements on full liability can be concluded in two cases: 1.

Liability of the loader

According to the loader's DD, he is obliged to: Carry out loading and unloading operations and sorting, stacking, carrying, transferring, packing manually in a warehouse and on an open area in accordance with the rules and regulations. collective)? If, for example, we include a loader in the CI: “performs work on the release of services (goods, products), preparing them for sale” or “work on the issuance of material assets in a warehouse (base, etc.).” Is it possible to after this adjustment official duties conclude with loaders individual or collective agreements on full liability? Answer Answer to the question: An agreement on full liability cannot be concluded with loaders, since this position is not included in the List approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

The liability of warehouse personnel is one of the effective means of protecting the company's property. It implies that an employee who has caused damage due to his actions or inaction is obliged to compensate the losses to the company in the amount regulated by law.

Treaty

The head of the warehouse and storekeepers must sign an agreement with the management of the company on liability. Storekeepers are financially responsible for the safety of products from the moment they are accepted for storage until the moment they are delivered for shipment. A liability agreement can be:

• Individual. In this case, each employee is personally liable.
• Collective. Under this contract, the responsibility lies with the team of employees. Except warehouse manager and storekeepers, it may include receivers, packers, selectors, merchandisers and other warehouse personnel.

The legal basis for liability is the duty of the employee to treat company property with care. According to the Labor Code of the Russian Federation, liability lies with all employees who are labor relations with the company on the basis of an employment contract. In this case, the form of ownership of the employer does not matter. Liability may also be placed on former employees provided that the damage to the property of the company was caused by them during the implementation of labor relations.

Damage

Responsibility falls on the employee when the following conditions are simultaneously met:

• there is direct damage;
• there was an illegal act of the employee, which led to material losses;
• the guilt of the employee who caused the damage has been proven;
• there is a causal relationship between the actions / inaction of the employee and material losses.

Direct (or actual) damage is damage to the company's real property caused by:

• loss of property or any part of it;
• appropriation of company property;
• damage to company property;
• decrease in the value of the company's property;
• being forced to bear the cost of acquiring, repairing or restoring property;
• compelling to make additional payments to any third parties.

Examples of damage are shortages; property damage; expenses for repair work; monetary fines or penalties for obligations not fulfilled by the company; payment by the company of forced absenteeism to employees; payment of forced downtime of equipment and other costs. That is, liability is imposed both for the harm caused to the company with which the employee has an employment relationship, and for the harm caused by the company to third parties.

Exist regulations, and their study helps the top management of the company to avoid many problems.

1. The list of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual liability for the shortage of entrusted property
2. Standard form of an agreement on full individual liability
3. The list of works, during the performance of which full collective (team) liability for the shortage of property entrusted to employees can be introduced
4. Standard form of an agreement on full collective (brigade) liability

Compensation for damage

The damage caused to the company is compensated in accordance with the Labor Code of the Russian Federation. If an employee must compensate for damages in an amount not exceeding his average monthly earnings, then by order of the top management of the company (the head of the organization, his deputy), the money is withheld from the salary. Such an order must be issued no later than two weeks from the date of establishment of the harm caused by the employee.

You can withhold money no earlier than a week from the date of notification of the deduction to the employee. If the employee does not agree to the deduction or the amount of the deduction, then he must apply. The dispute on such an application will be considered in the manner prescribed by law. In all other cases, in order to compensate for the damage, the management of the company must file a claim with Judicial authority.

If the management violated the procedure and made an illegal deduction from the employee's salary, then the labor dispute resolution body, having considered the employee's application, will oblige the administration to return the money withheld.

Recovery of material damage from the administration of state and municipal institutions is carried out in court. To initiate a case, you need a claim from a higher authority or a statement from the prosecutor.

The employee needs to compensate for the damage caused to the company, regardless of whether the employee will be brought to disciplinary/administrative/criminal liability.

Before management issues an order to withhold the amount of damages from wages employee, a written explanation of the reasons for the damage must be obtained from the employee. Refusal to give written explanations does not affect the employee's liability. However, we must remember that such a refusal shows the employee's disagreement with the decision of the authorities, and this is usually how a labor conflict begins. It is advisable for the company's management to document the employee's refusal in front of witnesses.

The administration is faced with bringing the employee to liability, carefully analyze the situation and make sure that the cause of the damage was the fault of the worker. If there is a written explanation of the employee, the management should take into account the opinion of the subordinate. However, the disagreement of the employee with the material responsibility assigned to him or with the amount of deductions is not a reason for suspending the withholding order. The employee has the opportunity to apply to the relevant judicial authority to resolve the labor dispute.

If the amount of damages is more than the average monthly salary of the employee, then the management can withhold it only after the decision of the judicial authority. In this case, the administration does not have the right to collect the average monthly earnings on account of the total amount of damages.

Algorithm for recovery of damages

The sequence of actions of the top management of the company to compensate for the damage should be as follows:

1. Determine the amount of damage caused.
2. Analyze the reasons that led to it.
3. Take written explanations from the employee guilty of the damage or record the refusal of the employee to give such explanations in front of witnesses.
4. Establish the amount of the employee's liability.
5. Issue an order for damages or apply to a judicial authority for a decision to withhold money from wages.

The work of the judiciary

The judiciary considers the following cases of liability:

• The claim of the company's management for damages not exceeding the average monthly earnings in the event that the money cannot be recovered by order. For example, management missed the legal deadline for issuing an order; employee terminated labor contract with company.
• The claim of the administration of the company for compensation for damages in excess of the average monthly salary of an employee.
• Claim by an employee who does not agree with a deduction made by management or with the amount of damages. A prerequisite for litigation should be a preliminary consideration of the employee's claim in the prescribed manner.

To apply to the judicial authority, the manager of the company can use

This is not true. All employees, without exception, bear limited liability. But the full one - only financially responsible persons, i.e. those employees whose labor activity is related to the storage, processing, sale (vacation), transportation or use of material assets in the production process. Thus, agreements on full liability can be concluded in two cases: 1.

Are our movers liable for office moving?

It is possible to order an office move from Avega Dom with the conclusion of an agreement and subsequent insurance of the transported property. We value our customers and conduct honest activities, in the event of force majeure through our fault, the material side will be resolved immediately. Below is our experience in the issue of responsibility of movers for their actions during office moves. Responsibility of loaders - is it at all? The material liability of loaders is not an empty phrase, however, in order to be able to have guarantees when using the services of moving companies, an agreement should be concluded. In the absence of a contract, it is simply not possible to prove anything in our realities. We provide the opportunity to sign a contract for the provision of services, which helps to avoid a number of unpleasant situations. You can order an office move from Avega Dom using the specified contacts or via the feedback form. e-mail: commerce: prices are relevant for: our fleet of vehicles how the cost of a vacancy is calculated Is there any material liability of loaders during an office move? In the official lists of specialties there is no such position as "loader", therefore, there can be no legal relationship with loaders.

That is, he is in an employment relationship in accordance with the contract with the employer. Thus, the loader is obliged to compensate the employer for the direct actual damage caused to him in accordance with labor law. At the same time, the amount of liability should not exceed the average monthly earnings of the specified employee. If the loader is not in an employment relationship with the employer, according to the law, he is not liable for the load.

YurClub Conference

2002. Gleb 26 Aug 2003 The list of works, during the performance of which full collective (team) liability for the shortage of property entrusted to employees can be introduced (Appendix N 3 to the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85) Works: on acceptance for storage, processing ( production), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, sites, in other organizations and divisions; —Guest- Aug 26, 2003 Thank you for your reply.

Liability for shortages

This can be done provided that an agreement is concluded with him and if there is a causal relationship between the actions of the warehouse manager and causing damage to the employer (Appeal ruling of the Bryansk Regional Court dated May 23, 2013 No. 33−1543 (2013)). From Part 1 of Art. 244 of the Labor Code of the Russian Federation it follows that written agreements on full individual liability (clause 2, part 1, art.

Material responsibility of loaders

The loader must know: 1.4.1. Organization of loading and unloading operations; safety regulations during their implementation; 1.4.2. Conditions of transportation and storage of goods; 1.4.3. Forms of documents for receiving and sending goods; 1.4.4. Location of warehouses and places of loading and unloading of goods; 1.4.5.

The order of acceptance and delivery of goods; 1.4.6. Permissible dimensions when loading goods on open railway rolling stock and motor vehicles when loading goods from railway cars and stacking them in a pile; 1.4.7.

Liability of employees

Unreceived income (lost profit) is not subject to recovery from the employee. Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties. If you carefully read this article of the Code, you can easily make sure that we are talking about theft or damage to property.

TC RF). And then for the combined positions (storekeeper and seller) you will be able to conclude agreements with employees on full liability. See item 2 of the Collection. Details in the materials of the Personnel System: 1. Answer: With which employees can a full liability agreement be concluded Full liability agreements can be concluded not with all employees, but only with those who:

• directly serve or use money (goods) or other property belonging to the organization;
• have reached the age of 18;

• their position or work is among those that allow the conclusion of such an agreement.

The list of positions and works with which it is possible to conclude written agreements on full liability is approved by the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85.

Is it possible to conclude an agreement on full liability with loaders?

The court refused to satisfy the claims for the recovery of the shortfall amount. The panel of judges agrees with the conclusion that there are no grounds for satisfying the claim, based on the following.

The basis for bringing the employee to full liability is, along with the fact of causing direct actual damage to the employer, the assignment of the position replaced by the employee to the list of works established by the Decree of the Ministry of Labor and Social Development of the Russian Federation of December 31, 2002 No. No. 85 “On approval of the lists of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) liability, as well as standard forms of agreements on full liability, and the occurrence of one of the cases provided for by Art. . 243 of the Labor Code of the Russian Federation.

Material responsibility of loaders

In particular, written agreements on full individual liability can be concluded with employees who receive, procure, store, record, issue, transport material assets, as well as with employees who carry out work on receiving, processing (manufacturing), storing, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, branches, sites, other organizations and divisions (Appendix N 1 to the Decree of the Ministry of Labor of Russia N 85). At the same time, the performance of these works is not associated with functions related directly to the profession of a loader.

Full mat. responsibility

Important

Thus, their inclusion in the brigade and in the agreement on full collective liability is contrary to the law, which is not disputed by the plaintiff in the case, referring to the fact that the loaders were included erroneously. At the same time, the agreement on full collective liability is concluded by the parties voluntarily.

The parties expressed their will to conclude such an agreement, subject to the imposition of responsibility on 11 people, including loaders. Since, by virtue of the law, only 3 members of the team out of 11 are financially responsible, such an agreement cannot be recognized as concluded in the manner prescribed by labor legislation and cannot serve as a basis for imposing collective liability on the defendants, as stated as the grounds for the claim.

Does the shipper have liability?

Popular questions From the answer “How to arrange a combination of professions (positions)” Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment 3. Judicial practice: case No. 33-2491 / 2011 DEFINITION composition of the presiding Vishnyakova C.G.

judges Sekerina Oh.AND., Mzhelskoy T.A. examined in open court the cassation complaint of the representative of the plaintiff Ltd. «TALETS LTD» against the decision of the Eastern District Court of Biysk, Altai Territory of 07 December 2010. in the case of the claim LLC «TALETS LTD» to Kuznetsova M.N., Tishkevich A.V., Eroshenko E.AND. on the recovery of damages, after hearing the report of Judge Vishnyakova S.G., she established: On October 19, 2009, she was hired in Taurus LTD LLC in the position ... Eroshenko E.I., November 02, 2009.

“subsidies mortgage agency yugra payments 2012”

Kuznetsova M.N., 11/18/2009 was transferred to the position of ... enterprise Tishkevich A.V. On November 2, 2009, by the order of the director of the enterprise, full collective material liability was established at the warehouse of OOO TALETS LTD. The head of the team was appointed ... Kuznetsova M.N. November 2, 2009

between the employer and employees in the amount of 11 people signed an agreement on full collective liability. The number of persons who entered into the agreement included the defendants in the present case and the loaders who worked in the warehouse. As a result of the February 2010 Inventory at the warehouse revealed a shortage of granulated sugar in the amount of 4600 kg, which is confirmed by the inventory sheet No. T6 dated February 05, 2010.
and collation statement dated the same date. According to the conclusion of a specialist of the forensic department for the city of Biysk, the ECC of the Central Internal Affairs Directorate for the Altai Territory of April 29, 2010.

Can a loader be a financially responsible person?

Attention

Moreover, the responsibility of each storekeeper was not individually differentiated, the place of storage of goods received by each of them was not individualized. Under such circumstances, the panel of judges agrees with the conclusion of the court that there are grounds for refusing to satisfy the claims made by the plaintiff for the employer to recover damages from employees on the grounds of Art.

345 labor code

Russian Federation. The arguments of the cassation complaint about the possibility of determining the amount of damage, taking into account the rest of the team members (loaders) are not based on the law mentioned above. Taking into account that the disputed contract cannot be recognized as concluded, other arguments of the cassation appeal do not entail the cancellation of the court decision, since they have no legal significance for the case.

The loader may be a financially responsible person

YurClub conference 2002. Gleb 26 Aug 2003 The list of works, during the performance of which full collective (team) liability for the shortage of property entrusted to employees can be introduced (Appendix N 3 to the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 N 85) Works: on acceptance for storage, processing ( production), storage, accounting, release (issuance) of material assets in warehouses, bases, storerooms, points, departments, sites, in other organizations and divisions; -Guest- 26 Aug 2003 Thank you for your reply. Liability for shortage This can be done provided that the contract is concluded with him and if there is a causal relationship between the actions of the warehouse manager and the damage to the employer (Appeal ruling of the Bryansk Regional Court dated 23.05 .2013 No. 33-1543(2013)).
From Part 1 of Art.
By virtue of the requirements of the norms of Article 345 of the Labor Code of the Russian Federation, when employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values ​​transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and to conclude an agreement with him on compensation for damage in full, collective (brigade) liability may be introduced. A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team) on a voluntary basis.

Under an agreement on collective (brigade) material liability, valuables are entrusted to a predetermined group of persons who are fully liable for their shortage.

The loader is a financially responsible person

The defendants refused to voluntarily compensate for the damage caused. Since the amount of damage exceeds the average earnings of the defendants, they ask the court to recover from the defendants in compensation for the full actual damage of ... rub. each in equal shares. At the court session, the representatives of the plaintiff supported the stated requirements, indicating that during the period of shortage of sugar, the defendants worked in the warehouse, only storekeepers and loaders had access to the warehouse. The warehouse was opened and closed by storekeepers, the warehouse manager Kuznetsova and the storekeeper had the keys.

The warehouse building is guarded by LLC ChOP "Black Scorpio", there is no alarm system. When the warehouse was closed, the doors were sealed. In December 2009, it became known from warehouse workers that Kuznetsova was taking out bags of sugar without payment.