The conditions of liability
Liability for damage arises only when four conditions are present together: direct actual damage, unlawful conduct of the employee, a causal link, and fault.
Limited liability
The general rule is that the damage is compensated within the average monthly wage. Under article 347 of the Labour Code, the employer recovers an amount that does not exceed the average monthly wage by an order issued within one month from the day the damage was found. If the amount is larger, or if the one month passed, recovery is made only through the court.
Full liability
Full liability applies in the cases the law lists — for example, when a written full material liability agreement was made with the employee, or when the employee caused the damage deliberately.
What to check
- Whether documents support the amount of the damage.
- Whether the stocktaking was done correctly.
- Whether you were asked for a written explanation.
- Whether lost profit is being recovered — it is not recovered.