The damage caused is subject to compensation!
In accordance with Article 400 of the Labor Code of the Republic of Belarus, an employee may be held financially liable if the following conditions are simultaneously present:
1) damage caused to the employer while performing labor duties;
2) unlawfulness of the employee's behavior (actions or inactions);
3) direct causal link between the unlawful behavior of the employee and the damage incurred by the employer;
4) the employee's fault in causing the damage.
Unlawful behavior (actions or inactions) of the employee is recognized as such when he does not fulfill (or improperly fulfills) the labor duties imposed on him by this code, collective agreements, or employment contracts.
According to Article 402 of the Labor Code of the Republic of Belarus, employees are generally fully financially liable for damages caused to the employer through their fault.
According to part 8 of Article 408 of the Labor Code of the Republic of Belarus, compensation for damages is made regardless of whether the employee is held liable for disciplinary, administrative, or criminal offenses for actions (inactions) that caused damage to the employer.
Thus, the prosecutor's office of the Braslav district established during an inspection that in one of the agricultural enterprises of the district, there was a death of cattle (hereinafter - cattle) due to reasons not related to the physiological characteristics of the animals, but due to external factors.
From the information provided to the district prosecutor's office, it was established that the employee improperly fulfilled the obligations imposed on him by the employment contract, in terms of ensuring compliance with established quality requirements for the produced products, performed works, provided services, preventing defects in work, and adhering to technological discipline, which in turn is directly causally linked to the non-productive loss of livestock, and consequently, causing material damage to the farm. The employee did not admit his fault and refused to voluntarily compensate for the material damage.
As a result of the inspection activities, the district prosecutor filed a lawsuit in the interests of the agricultural organization in the Braslav district court to recover damages from the employee caused by the death of cattle, which was fully satisfied.
Senior Assistant Prosecutor
Braslav District E.S.Isakova