Peculiarities of the application of labor legislation on the material responsibility of employees

Abstract

The article analyzes the peculiarities of the application of material liability to the employee in the labor legislation of Ukraine. It is noted that the material responsibility of the employee is a type of legal responsibility. The evolution of the category "material liability" is studied in order to form a kind of generalized concept of the development of the studied legal relations in Ukraine, to eliminate conflicts and fill gaps in legal regulation, to improve it, in general, with the aim of maximum compliance with the current stage of development of the labor market in Ukraine. In the scientific article, the author considered in detail the issue of legal responsibility, which in the process of writing the scientific work allowed to consider in more detail the understanding of the material responsibility of the employee. The article examines the approaches of labor law theorists of Ukraine: P.E. Nedbayla, B.L. Nazarova, P.S. Lutsyuka, O.V. Zaichuka, N.V. Vasylchenko, N.M. Khutoryan, M.I. Inshina and others. regarding the definition of the essence and content of the concept of material responsibility, the author's vision regarding the content of this legal institution was formed. The author states that norms should be included that take into account both positive and negative aspects of legal responsibility. Also, the article examines in detail the contract on material responsibility as one of the main grounds for full material responsibility of the employee. The article considers judicial practice in cases of compensation for damage caused to enterprises, institutions, organizations by their employees, where clarification was made on the issue of determining the amount of material damage caused by employees' arbitrary use for personal purposes of technical equipment (cars, tractors, cranes, etc. .p.), belonging to enterprises, institutions, organizations with which they are in labor relations. In the course of the study, it is concluded that the labor legislation of Ukraine foresees different approaches to material responsibility depending on a wide range of circumstances: different forms of guilt, labor situations, etc., because quite a variety of legal relationships arise in a complex labor process. Liability also depends on the type of property that was damaged, the purpose of finding this property from the employee, the method and circumstances under which the damage was caused.