DEFINING THE ESSENTIAL LEGAL CHARACTERISTICS OF EMPLOYEE MATERIAL LIABILITY

Abstract

The article notes that scientists interpret the
content and essence of material liability differently,
distinguishing different groups of its legal features.
However, modern labor law doctrine does not offer a
holistic and comprehensive approach to identifying
the essential legal features of material liability of
employees. To a large extent, this state of legal
research is influenced by the imperfection of the
current regulatory and legal regulation of this area in
labor law. In particular, the lack of clear definitions of
basic concepts, the lack of clarity, certainty and
unification at the legislative level.
The purpose of the article is to identify the
essential legal features of material liability of
employees.
The scientific research in the article is aimed at
forming an author's and comprehensive approach to
identifying the essential legal features of material
liability of an employee. To achieve the scientific goal,
it is proposed to identify the essential legal features,
including by comparing the type of liability under
study with related types of legal liability, and in
particular, with civil liability. It was found that
material liability is characterized by a number of
significant legal features that qualitatively distinguish
it from other types of legal liability. Therefore, this
type of liability arises exclusively within the framework of labor relations. Also, an important legal
feature of material liability is that it is regulated by
labor law, therefore, the principles of this field are
applied to its implementation. In particular, when
holding an employee accountable, it is important to
observe the employee's labor guarantees, protect his
rights and ensure a balance of interests of both parties
to the labor relationship - the employee and the
employer. The general goal of material liability is to
achieve the goals of labor law, in particular:
maintaining labor discipline, protecting the labor
rights of employees, providing them with basic labor
guarantees, as well as ensuring the preservation of the employer's property.

Keywords: labor relations, civil liability, material liability, direct actual damage, labor obligations, labor rights, compensation, labor guarantees, subject of liability.