RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 16, 2006 No. 52

About application by courts of the legislation regulating liability of workers for the damage caused to the employer

For the purpose of the correct application of the legislation regulating liability of workers for the damage caused to the employer and also in view of that courts by consideration of the specified cases had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Owing to part one of article 232 of the Labor Code of the Russian Federation (further - the Labor Code of the Russian Federation) obligation of the worker to indemnify the loss caused to the employer arises in connection with employment relationships between them therefore cases on disputes on liability of the worker for the damage caused to the employer including in case the damage is caused by the worker not in case of execution of labor obligations by it (Item 8 parts one of the article 243 Labor Code of the Russian Federation), according to article 24 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) are considered by district court as Trial Court. Such cases are subject to permission according to Section XI provisions "Financial responsibility of the parties of the employment contract" of the Labor Code of the Russian Federation.

By the same rules cases on the claims of employers made after cancellation of the employment contract on compensation of the damage caused by the worker during its action which, as appears from part two of the article 381 Labor Code of the Russian Federation, are individual employment disputes are considered.

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