Legal Department of the “Berkut” Association continues to have periodical section “Legal advise” in the “Your security “ magazine.

What kind of compulsory insurance do the Securities have?

Firstly, it is compulsory pension insurance, stated by the Federal Law from 15 December 2001 N167- Federal Law “ On Compulsory pension insurance in the Russian Federation”.

And also accident insurance, stated by the Federal Law from 24 July 1998 N 125 Federal Law “On Compulsory Social Accident Insurance at the job and professional illnesses “.

Whole life insurance also can be considered compulsory. It means death or any damage to health of detectives and securities, received in connection with their work. This kind of insurance is provided by paragraph.19 of the Law RF from 11 March 1992 N2487-1 “On Private Detective and Security Activity in the Russian Federation”.

Although nowadays there is no special legal act, regulating the rules and conditions of compulsory insurance of private detectives and securities.

It is stated in Paragraph 3 of Article 3 RF from 17.11 1992 N 4015-1 “On organization of insurance in the Russian Federation” that insurance is compulsory if it is supported by the law. The Laws of the Russian Federation regulate types, conditions and order of the insurance.

In accordance with paragraph 2 of Article 11 Law N 4015-1 insurance tariffs of compulsory kinds of insurance are stated in the Laws On Compulsory Insurance.

It is stated by Articles 3, 935 and 936 of the Civil Code RF that the Federal Law regulates order and conditions of certain types of compulsory insurance.

Tax organs consider that this kind of insurance should be voluntary. (Letter from the Federation of Taxes and Duties from 11 July 2003 N 28-11/38625).

Director of a private security agency in Vyksa asks in which situations he can call his employee to account and on what sum of money.

The Labor Code provides that material penalty is obligation of a party of the Labor Contract to reimburse the damage in the size and order, stated by the Law.

Material penalty is an independent type of penalty, therefore an obligation to reimburse the damage does not depend on application of an employee to discipline, administrative or criminal penalty.

Material penalty stated in the Labor Code should be distinguished from other measures, such as: deprivation of premium, provided by the system of work payment, or reward at the end of the working year, decrease of the labor coefficient in collective form of organization and stimulation, stopping from wages, provided by the Law (Articles 137, 138 of the Labor Code RF), and also from material penalty, provided by the Civil Code.

The employee has material penalty in the following cases:

In case of direct real damage;
In case of unlawful behavior of an employee;
In case of his fault in causing damage;
In case of connection between his unlawful behavior and damage.

The Labor Code distinguishes limited and complete material liability of an employee. In accordance with Article 241 of the Labor Code

RF, an employee has limited material penalty for the damage to his employer within his average monthly salary.

Complete material penalty of an employee consists in his obligation to reimburse the damage completely. Article 243 of the Labor Code RF stated the exhaustive list of cases, when complete material penalty of an employee takes place.

1) When in accordance with the Labor Code or other Federal Laws an employee is bound to Complete material penalty for the damage to the employer, caused during the work of an employee;

2) The lack of valuables, trusted to him by a special written agreement or by any document, valid for one occasion;

3) Causing damage on purpose;

4) Causing damage in the state of alcoholic, narcotic or other kind of intoxication;

5) Causing damage as the result of criminal actions of an employee, stated by the court decision;

6) Causing damage as the result of infringement of the law set by the corresponding state organ;

7) Disclosure of secrets, protected by the law (state, working, commercial or other) in cases, provided by the Federal Laws;

8) Causing damage by an employee not during the fulfillment of his working obligations.

According to the Labor Code, penalty is applied only in case of direct, real damage, as a rule within average monthly salary, but lost profit is not subjected to penalty.

Direct real damage to the employer is considered to be real decrease of the employer’s property or deterioration of the property (including property of the third persons, being at the employer’s disposal, if he is responsible for protection of this property), and also if it is necessary for the employer to have losses or extra payments on purchase or reconstruction of the property, or if he has to reimburse damage, caused by the employee to the third persons.

Damage, caused by the employee to the third person is considered to be the whole sum of money, paid to the third person by the employer as the reimbursement of this damage. It should be mentioned that the employee might have liability only within this sum of money, and in case when actions (or negligence) of the employee caused damage to the third persons.

It is said in the second part of Article 392 of the Labor Code RF that the employer can proceed against his employee for exaction of the sum, paid to the third persons as the reimbursement of the damage, within one year since the moment of payment of this sum by the employer.

The size of the refunded damage, caused by several employees, is defined separately for each person taking into consideration his fault (Article 245 of the Labor Code RF). In this case the employee pays only his part of the material penalty.

According to the Labor Code employees are released from material penalty for the damage, which could be considered normal economic risk. (Article 239 of the Labor Code RF)