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Article 245. Collective (Team) responsibility for the caused damage




Collective (Team) responsibility is imposed in the event of mutual execution of particular types of work related to storing, handling, selling (handing over), transporting, operating, or other ways of applying of the values entrusted to the employees when it is impossible to divide the actual responsibility and to conclude contracts about full responsibility for the damage with each worker.

The written contract on the collective (team) responsibility for the damage is concluded between the employer and all members of the collective (team).

Under the contract on material responsibility for the damage the values are entrusted to the group of persons that is determined in advance and bears the full responsibility for shortage of the values. To be released from the full responsibility for the damage the member of collective (team) shall prove lack of his responsibility.

In event of voluntary repair of the caused damage the extent of responsibility of each collective (team) member is determined upon agreement between all members of the collective (team) and the employer. In event of damage restitution in court the extent of responsibility of each collective (team) member is established by court.

Article 246. Evaluation of the damage

The damage caused by loss or anientisement of the employer's property is evaluated on a base of actual losses according to the market prices in force on this area for the date of damage inflicting but not less than property value recorded in accounting documents taking into consideration depreciation.

A federal law may specify special procedure of evaluation of the damage caused to the employer by plunger, intentional anientisement, shortage and plunger of property parts and other values as well as when the actual damage exceeds the nominal one.

Article 247. Liability of an employer to evaluate damage and to detect the source

The employer is obliged to evaluate the damage and to determine its sources before making a decision about the damage restitution by the employees. In purpose of this inspection the employer has the right to organize a Committee of specialists.

For establishment of the damage source the employer is to request the employee to hand over a written explanation of the damage reason.

The employee and/or his representative have the right to familiarize with all inspection documents and to appeal them in accordance with the procedure specified in the present Code.


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