Protective Measures and Liability Measures in the Context of the Problem of the Concept of Employer's Material Liability
( Pp. 102-108)

Abstract: In order to establish the essence of the employer's liability, the article for the first time examines the legal nature of the category "compensation by the employer for damage" caused to an employee, which is a basic element in the construction of the concept of specified liability legalized in the Labor Code of the Russian Federation, which is recognized by legislators and representatives of the science of labor law as a measure of legal liability. In this regard, the work analyzes the characteristic features of the protective measures used in labor legislation aimed at restoring violated rights and measures of legal liability applied to persons who have committed offenses, highlighted in the scientific literature by legal theorists and labor scientists, which allowed us to conclude that the above-mentioned category is not a measure of legal responsibility, and a measure of protection of violated labor rights of employees. The result obtained directly indicates the absence in the Labor Code of the Russian Federation of such a means of state coercion provided for the employer as a measure of legal liability of a punitive nature, thereby excluding his financial liability for non–fulfillment of the labor rights of the other party to the employment contract - an employee who caused him material damage, which entails complete impunity for the business entity. In general, all this indicates the "defect" of the concept of material responsibility of the employer enshrined in the codified labor act, in connection with which the legislator was asked to develop a new version of it and fix it in the Labor Code of the Russian Federation.

Savin V.T. Protective Measures and Liability Measures in the Context of the Problem of the Concept of Employer's Material Liability // Gaps in Russian Legislation. 2024. Vol. 17. №6. Pp. 102-108. (in Russ.). EDN: FWYNMO

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employer, employee, labor law, means of coercion, protective measures, measures of legal responsibility, financial liability, compensation for damage..