Types of liability for violation of labor protection requirements

Types of liability for violation of labor protection requirements

Виды ответственности за нарушение требований охраны труда

1. Disciplinary (Article 192 of the Labor Code of the Russian Federation). It is imposed by the employer on its employees if they do not comply with the established labor protection requirements. Depending on the severity of the offense and its circumstances, the employer has the right to reprimand, reprimand, or dismiss the offender on appropriate grounds.

Important! When imposing a disciplinary penalty, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

2. Material (Article 238 of the Labor Code of the Russian Federation). Occurs if, as a result of an employee’s violations of labor protection requirements, direct actual damage has been caused to the company’s property. The violator may be required to compensate the damage in whole or in part.

3. Civil law (Article 151 of the Civil Code of the Russian Federation). It may occur for an official who has failed to fulfill his duties in relation to his employee, as a result of which moral harm has been inflicted on the latter. In this case, compensation for damage is paid in money in the agreed amounts or in the amount determined by the court.

4. Administrative (Article 5.27.1 of the Administrative Code of the Russian Federation). Applies to officials, persons engaged in business activities without forming a legal entity and officials. Depending on the violation, it involves issuing a warning or paying a fine or suspension from work (suspension of activity).

5. Criminal (Article 143 of the Criminal Code of the Russian Federation). It is charged for non-compliance with labor protection requirements by a person who is responsible for their fulfillment, which has resulted in serious harm to health or death of a person. In this case, the person may be punished with one of the following types of punishment: a fine, correctional labor, forced labor or imprisonment.