home For a beginner How to withhold from the salary of an employee the amount of material damage. How to withhold material damage caused to the organization from the salary Return of the retained amount of damage to the employee

How to withhold from the salary of an employee the amount of material damage. How to withhold material damage caused to the organization from the salary Return of the retained amount of damage to the employee

28.08.2019

Employees, when making their labor functions sometimes cause damage to the property of the organization. Some of them bear full, and some partial liability.

In order to compensate for the damage received, the employer must adhere to statutory rules. Otherwise, he himself may be held accountable.

The procedure for recovering material damage from personnel is determined by Chapter 39 of the Labor Code of the Russian Federation.

Is it possible to withhold the amount of material damage from the employee's salary?

Liability of personnel arises in the presence of the following circumstances:

the damage to the enterprise was caused due to the illegal actions of the employee;
there is a link between the employee, the wrongful act and the damage caused;
the employee's guilt has been proven and is not disputed by him.

In the presence of all the above items, the employer has every right to levy the recovery of the material damage caused to the employee's wages.

Therefore, before proceeding with the recovery, the head of the organization must create a special commission to investigate and establish the fact of the violation, the employee's involvement in it and the amount of harm caused to the enterprise.

The amount of the penalty

The specific amount of deductions from the salaries of staff is established by Art. 138 of the Labor Code of the Russian Federation.

The collection cannot exceed 20% per month.

The amount to compensate for the damage caused to the enterprise must be deducted from the accrued wages minus income tax of 13%.

Examples

First example:

The accrued salary of an employee for a month is 45 thousand rubles.

The damage amounted to 30 thousand rubles.

Retention Calculation:

45000 * 13% = 5850 - personal income tax from wages.
45000 - 5850 \u003d 39150 - the basis for compensation for the harm caused.
39150 * 20% = 7830 - the amount of recovery on account of the damage caused to the organization.
39150 - 7830 = 31320 - salary in hand.

At this rate, the amount of the entire debt will be recovered from wages for 5 months (39150 / 7830).

Also, the employee has the right to independently return the entire amount of debt to the enterprise in full immediately within a month.

To do this, the accountant simply draws up an incoming cash order for the amount of damage, the employee deposits money on it to the cash desk of the enterprise.

With a smaller amount and documentary grounds, the employer has the right to collect the debt without the consent of the guilty person.

The amount of average earnings is calculated according to the Regulation approved by Government Decree No. 922 of 12/24/2007.

For example, if an employee broke the organization’s equipment, an investigation was carried out and the amount of damage in the amount of 50 thousand rubles was confirmed, and the employee’s monthly income is only 35 thousand rubles, without the consent of the employee, the debt can only be collected through a judicial authority.

And, if the income of the perpetrator per month was 70 thousand rubles, the employer would not need the consent of the employee to recover.

Application example

Download a sample application for consent to withhold funds in compensation for damages to the employer -.

Order for compensation on account of the harm caused to the enterprise

The legislation does not provide for a special form of such a document. Therefore, an order is issued in free form.

However, there are mandatory items that are recommended to be included in it:

full name of the organization;
the name of the document itself;
a brief description of what the order is about;
Date of preparation;
Brief description of the situation with links to accompanying documents and laws;
the requirement to withhold in the amount of not more than 20% of the salary per month of a particular employee, indicating his full name and position;
list of documents - grounds with details. It can be: an act of detecting a violation, an explanatory note, an agreement on liability, an act of refusal to write an explanatory note;
director's signature;
familiarization visa of the guilty employee.

The document is drawn up on a sheet of format A - 4 without errors. The presence of false information in the order, and, accordingly, unlawful deductions from wages, may lead to the employer being held liable.

sample order

Download a sample order for the recovery of damages from an employee -.

Useful video

How the deduction from wages occurs at the request of the employee (damage compensation) is described in detail in this video:

conclusions

There are several main points on the topic:

The Labor Law establishes the amount of deductions from wages in the amount of not more than 20%, according to executive documents up to 50%.
To recover the material damage caused, an investigation is first carried out, then an order for recovery is issued. For an accountant, it is a documentary basis.
The employee's consent to recovery is required only if the amount of damage exceeds average salary per month. If he does not give it, the employer has the right to file a lawsuit with the court.
The collection is made after deducting 13% income tax from the accrued salary.
The form of the order is not established by law, it is drawn up according to the templates of the employing organization.

Worker - Drifter of the 5th category, while performing his job duties, damaged the rope, the amount of damage was 1,000,000 rubles. enterprise. An employment contract has been concluded with the employee, which does not specify its labor obligations, No job description. The enterprise brings the employee to limited material liability in the amount of the average monthly earnings. Will it be lawful to hold the employee liable, because the employee can be held liable if there is guilt, but how can the employee's guilt be proved in this case? After all, he does not have a job description in which his labor duties would be specifically spelled out.

Answer

If it is problematic to establish the guilt of the employee, then it will not work to recover material damage.

To hold an employee liable, the following circumstances must be present:

direct actual damage, confirmed by relevant documents;
fault of the employee in causing such damage to the employer. Guilt is understood as intent or negligence in the actions of the employee, which led to the occurrence of damage to the employer. The intent is that the employee knew (assumed) that the employer had incurred direct actual damage from his actions;
commission by the employee of illegal actions (or inaction), i.e. violating the norms of the law;
causal relationship between the actions of the employee and the direct actual damage incurred by the employer.

Such a requirement is established and confirmed by judicial practice (determination of the St. Petersburg City Court dated November 3, 2011 No. 33-16427 / 2011).

How to determine the amount of damage caused by an employee of the organization

Before deciding to recover damages from an employee, the employer should conduct an audit to establish the amount of the loss and the reasons for its occurrence. To check, create a special commission ( ). Its composition is approved by the head of the organization. It is advisable to create a commission when establishing the facts of theft or abuse, as well as damage to valuables. Indeed, in these cases, an inventory is necessarily carried out with the execution of collation statements, and for this an inventory commission must be created (, Guidelines, approved , regulations, approved ). The legitimacy of such a position is also confirmed by judicial practice (see, for example,,).

If the amount of material damage can be established on the basis of documents received from counterparties, the commission may not be created. For example, in the event of an accident due to the fault of an employee, the amount of material damage can be established from documents received from insurance and repair companies.

The fact that an employee caused damage to the property of the organization should be recorded in a separate act. The current legislation does not oblige the employer to draw up such an act. Nevertheless, a document drawn up in a timely manner will allow you to record the fact of damage, establish an approximate or exact amount and subsequently confirm it. The form of the act is not fixed normative documents, so it can be composed in .

Determine the amount of damage at market prices on the day the damage was caused (accident by an employee, shortage detected, etc.) operating in the area. In this case, the damage cannot be assessed below the value of the property according to accounting data (taking into account depreciation). This order has been established Labor Code RF.

Any direct effective damage caused to the employer can be recovered from the guilty employee. Namely: 1

the amount of material damage;
expenses for the acquisition or restoration of property (for example, repairs);
expenses for compensation for damage that the employee caused to other citizens or organizations (for example, damage from an accident in the part not covered by insurance compensation).

How long does it take for an employer to sue an employee for damages?

Sometimes the damage is more than average earnings employee. The employer cannot withhold more from him. Then the only right decision will go to court. The same applies to the situation when an employee leaves without having compensated all the losses of the employer, as well as when he voluntarily refuses to compensate for the damage.

At the same time, it is very important to comply with the deadline set for applying to the court of employers. Namely, one year. After all, if you miss it, you will not be able to compensate for the damage at all. This procedure is provided for in Article 392 of the Labor Code of the Russian Federation.

In any case, the court will accept the statement of claim and after the expiration of the term too. However, the refund will be denied. But if you show the court good reasons for missing the deadline, then it can be restored ( ).

Under good reasons understand the exceptional circumstances beyond the control of the employer that prevented the filing of a claim. For example, a natural disaster or other force majeure situation that cannot be influenced ( ).

How do you calculate the year to file a claim? Count it from the date the damage was discovered. That is, from the day the inventory was completed, at which the amount of damage received was identified or recorded. At the same time, consider the term itself ended on the appropriate date. last year term. Moreover, if the last day of the term falls on a non-working day, then it is transferred to the next next working day. It is this procedure that is provided for calculating the terms in parts of the Professional Help System for Lawyers, in which you will find the answer to any, even the most difficult question.
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The employee made a mistake in the performance of work, which led to additional costs (material). The employee wrote an explanatory note and admitted his guilt. Is it possible to withhold from the salary the amount of damage caused to the employer?

According to Part 1 of Art. 130 of the Labor Code of the Russian Federation, deductions from an employee's salary can be made at the direction of the employer. But the legislation establishes restrictions on deductions from wages: in accordance with Part 1 of Art. 137 of the Labor Code of the Russian Federation, deductions from the employee's wages are made only in those cases that are provided for by the Labor Code of the Russian Federation and other federal laws. The Labor Code of the Russian Federation allows deductions from the employee's wages as part of liability to the employer (part 1 of article 248 of the Labor Code of the Russian Federation), but subject to a certain procedure.

So, in accordance with Part 1 of Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for the direct actual damage caused to him. Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties (part 2 of article 238 of the Labor Code of the Russian Federation). According to Part 1 of Art. 246 of the Labor Code of the Russian Federation, the amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

At the same time, by virtue of Part 1 of Art. 233 of the Labor Code of the Russian Federation liability of the party employment contract comes for damage caused by it to the other party to this agreement as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. Thus, liability arises with the simultaneous presence following conditions: presence of damage; unlawful behavior (action or inaction) of the tortfeasor; causal relationship between illegal action and material damage; guilt in committing an unlawful act (inaction). The absence of at least one of these conditions excludes the possibility of bringing the employee to liability (see, for example, letter Federal Service on labor and employment of October 19, 2006 N 1746-6-1). To establish these circumstances, Article 247 of the Labor Code of the Russian Federation provides for the obligation of the employer to conduct an inspection, including demanding a written explanation from the employee to establish the cause of the damage.

Thus, within the meaning of these norms, by order of the employer, the amount of damage caused to the guilty employee can be deducted from wages, subject to the following conditions:

1) the amount of damage does not exceed the average monthly salary of the employee;

2) the recovery order has been issued no later than one month from the day when the employer finally determined the amount of damage caused by the employee.

Note that compensation for damage within the average monthly earnings is made by order of the employer, regardless of whether the employee agrees to compensate for the damage or not.

In addition, it must be borne in mind that in accordance with Part 1 of Art. 138 of the Labor Code of the Russian Federation, in the absence of other deductions, the employer, with each deduction from wages, has the right to withhold no more than 20% of the amount of wages. Therefore, if the amount of damage within the average monthly earnings does not exceed 20% of the employee's salary, the amount of damage can be withheld by the employer at a time. If the amount of damage caused does not exceed the employee's monthly salary, but is more than 20% of the employee's salary, the deduction is made from the employee's salary for several months, until the full recovery of the amount of damage. Accordingly, the amount of deductions for each such payment should not exceed 20% of the employee's salary. At the same time, the Labor Code of the Russian Federation does not prohibit deductions by order of the employer in a smaller amount than is established by Part 1 of Art. 137 of the Labor Code of the Russian Federation.

Question:
The employee made a mistake in the performance of work, which led to additional costs (material). The employee wrote an explanatory note and admitted his guilt.
Is it possible to withhold from the salary the amount of damage caused to the employer?

Answer:
According to Part 1 of Art. 130 of the Labor Code of the Russian Federation, deductions from an employee's salary can be made at the direction of the employer. But the legislation establishes restrictions on deductions from wages: in accordance with Part 1 of Art. 137 of the Labor Code of the Russian Federation, deductions from the employee's wages are made only in those cases that are provided for by the Labor Code of the Russian Federation and other federal laws. The Labor Code of the Russian Federation allows deductions from the employee's wages as part of liability to the employer (part 1 of article 248 of the Labor Code of the Russian Federation), but subject to a certain procedure.
So, in accordance with Part 1 of Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for the direct actual damage caused to him. Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration of the said property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties (part 2 of article 238 of the Labor Code of the Russian Federation). According to Part 1 of Art. 246 of the Labor Code of the Russian Federation, the amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.
At the same time, by virtue of Part 1 of Art. 233 of the Labor Code of the Russian Federation, the material liability of a party to an employment contract occurs for damage caused by it to the other party to this contract as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.
Thus, liability arises under the simultaneous presence of the following conditions: the presence of damage; unlawful behavior (action or inaction) of the tortfeasor; causal relationship between illegal action and material damage; guilt in committing an unlawful act (inaction). The absence of at least one of these conditions excludes the possibility of bringing the employee to liability (see, for example, letter of the Federal Service for Labor and Employment dated October 19, 2006 N 1746-6-1). To establish these circumstances, Article 247 of the Labor Code of the Russian Federation provides for the obligation of the employer to conduct an inspection, including demanding a written explanation from the employee to establish the cause of the damage.

Directly the procedure for the recovery of damages is established by Art. 248 of the Labor Code of the Russian Federation. In accordance with Part 1 of Art. 248 of the Labor Code of the Russian Federation, the recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order may be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court (part 2 of article 248 of the Labor Code of the Russian Federation). Failure to comply with this procedure by the employer in accordance with Part 3 of Art. 248 of the Labor Code of the Russian Federation gives the employee grounds for going to court in order to appeal against the actions of the employer.
Thus, within the meaning of these norms, by order of the employer, the amount of damage caused to the guilty employee can be deducted from wages, subject to the following conditions:
- the amount of damage does not exceed the average monthly earnings of the employee;
- the recovery order was issued no later than one month from the day when the employer finally determined the amount of damage caused by the employee.
Note that compensation for damage within the average monthly earnings is made by order of the employer, regardless of whether the employee agrees to compensate for the damage or not.
In addition, it must be borne in mind that in accordance with Part 1 of Art. 138 of the Labor Code of the Russian Federation, in the absence of other deductions, the employer, with each deduction from wages, has the right to withhold no more than 20% of the amount of wages. Therefore, if the amount of damage within the average monthly earnings does not exceed 20% of the employee's salary, the amount of damage can be withheld by the employer at a time.
If the amount of damage caused does not exceed the employee's monthly salary, but is more than 20% of the employee's salary, the deduction is made from the employee's salary for several months, until the full recovery of the amount of damage. Accordingly, the amount of deductions for each such payment should not exceed 20% of the employee's salary. At the same time, the Labor Code of the Russian Federation does not prohibit deductions by order of the employer in a smaller amount than is established by Part 1 of Art. 137 of the Labor Code of the Russian Federation.

Any employee in the performance of his official duties uses various company property, such as office equipment, equipment, tools, furniture, money, etc.

Therefore, along with the main ones, the duties of the employee include careful attitude to the property of the company entrusted to him (paragraph 7, part 2, article 21 of the Labor Code of the Russian Federation).

Imagine a situation - an employee lost a company laptop. An investigation was carried out, the fault of the employee was established.

Determine the amount of damage

The amount of damage is determined by actual losses on the day of its infliction at market prices. But at the same time, the amount of damage cannot be lower than the residual value of the property according to accounting data (part 1 of article 246 of the Labor Code of the Russian Federation).

If it is impossible to establish the day of damage, the amount of damage is determined on the day of its discovery (paragraph 2, clause 13 of the decision of the Plenum of the Supreme Court of the Russian Federation of November 16, 2006 No. 52).

When the amount of damage is determined, the employer has the right to involve the employee in (paragraph 6, part 1, article 22 of the Labor Code of the Russian Federation).

Three ways to make amends

on a voluntary basis (part 4 of article 248 of the Labor Code of the Russian Federation);
within the scope of their responsibility labor relations(Article 241 of the Labor Code of the Russian Federation);
forcibly, on the basis of a court decision (parts 2 and 4 of article 248 of the Labor Code of the Russian Federation).

Each of the methods has its own characteristics.

Compensation for damages at the good will of the employee

Most The best way conflict resolution - the voluntary consent of the employee to compensate for the damage. This method has several advantages. The parties to an employment contract may:

establish any amount of deduction, for example, at a time in the full amount, even if it exceeds 20% of the employee's salary;
agree on any terms, forms and methods of debt payment.

For example, an employee can make a lump sum payment or installment payment. In addition, you can agree with the employee on compensation for damages not in cash, but in kind. That is, the employee can compensate for the damage by providing equivalent property or fixing the damaged one (part 5 of article 248 of the Labor Code of the Russian Federation).

An agreement with an employee on the voluntary repayment of his debt can be drawn up in different ways. For example, you can enter into a separate agreement or ask the employee to write a receipt or statement.

The following situation is possible: the employee gave a written obligation to compensate for material damage, and after that he decided to quit and refuses to pay the debt. The employer is obliged:

issue an order to dismiss an employee;
issue a work book;
make a final settlement with the employee. At the same time, without the consent of the employee, the accountant does not have the right to simultaneously withhold the outstanding amount of damage if the total amount of all deductions exceeds 20% of the payments due to him upon dismissal (part 1 of article 138 of the Labor Code of the Russian Federation). In this case, it is possible to recover the outstanding debt only by force, that is, through the court (part 4 of article 248 of the Labor Code of the Russian Federation).

Liability under the Labor Code

If the employee himself does not agree to pay the damage, the amount of compensation will depend on what kind of material responsibility is assigned to him. She may be:

limited - within the average monthly earnings of an employee (Article 241 of the Labor Code of the Russian Federation);
full - regardless of the size of the employee's salary (Article 242 of the Labor Code of the Russian Federation).

Limited Liability

In most cases, the material liability of an employee is limited (Article 241 of the Labor Code of the Russian Federation). That is, the employee is obliged to reimburse the amount that does not exceed the size of his average monthly earnings.

We collect only the average monthly salary

The Labor Code does not contain a list of situations in which an employee is liable only within the limits of his average monthly earnings. In practice, employees have limited liability in the following cases:

in case of damage to equipment, tools, materials;
incorrect preparation of documents when it causes material damage to the company (for example, short delivery of goods);
the company did not receive the money due to the negligent attitude of the employee to his official duties;
The company paid a fine for its employee.

Calculation of average monthly earnings

Average monthly earnings is the maximum amount that can be recovered from an employee with limited liability. How to calculate it?

The legislation does not provide for a separate methodology for calculating the average monthly earnings for situations when it needs to be recovered from an employee on account of the damage caused to him.

In cases where it is a question of maintaining an average salary for an employee, the accountant uses single order calculation based on the average daily (hourly) earnings, which is established:

article 139 of the Labor Code;
Regulation on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter - the Regulation).

When calculating the amount of material damage, it is necessary to use exactly general rules, since the accountant has no other calculation option.

The total amount of the employee's wages for the 12 months before the month of signing the withholding order must be divided by the number of days (hours) worked in this period. Multiply the resulting value by the number of working days (hours) according to the schedule of the guilty employee in the month of signing the order (clause 4 of the Regulation).

Example 1 We calculate the average monthly income

In November 2015, a laptop was lost through the fault of an employee. Conducted an official investigation. The worker pleaded guilty. The amount of material damage was estimated at 27,150 rubles.

The contract on full liability with the employee is not concluded. The fact of the transfer of the laptop is fixed. This means that you can recover no more than the amount of his average monthly earnings.

The order to recover damages from the employee was signed in November 2015.

An employee works a 40-hour five-day working week. Billing period- from November 1, 2014 to October 31, 2015, of which 245 days were worked. Wages for these days amounted to 330,000 rubles.

Solution

An employee has a daily record of working time. Therefore, to calculate the average monthly earnings, you first need to determine the average daily earnings.

The average daily earnings will be 1346.94 rubles. (330,000 rubles : 245 working days).

The damages order was signed in November 2015. This month has 20 business days. This means that the amount of average monthly earnings will be 26,938.8 rubles. (1346.94 rubles × 20 working days).

The amount of material damage is 27,150 rubles.

The company will not be able to keep it completely, only 26,938.8 rubles. However, other restrictions must be observed.

Maximum amount withheld per month

In addition to the general limit on the amount of deductions, there is another limitation. With each payment of salary, you cannot withhold more than 20% of its amount (part 1 of article 138 of the Labor Code of the Russian Federation). If the amount of damage is greater, the recovery process will take several months.

Only in some cases it is possible to collect more than 20% of the salary. In particular, up to 70% of the salary can be withheld when recovering damage caused by a crime (part 3 of article 138 of the Labor Code of the Russian Federation). But the fact of the crime is established by the court (part 2 of article 8 of the Criminal Procedure Code of the Russian Federation).

The amount of deduction is calculated based on the employee's salary minus personal income tax (clause 1 of article 99 federal law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings").

Example 2 Calculate monthly deduction limit

Let's continue example 1. The amount of material damage is 27,150 rubles. The Company is entitled to retain only RUB 26,938.80. What amount can be withheld from an employee if his salary for November was 57,000 rubles?

He does not receive standard tax deductions.

Solution

Maximum amount of damages to be retained

No more than 9918 rubles can be withheld from the income for November per employee. [(57,000 rubles - 7410 rubles) × 20%].

Actual retention amount

9918 rub.< 26 938,8 руб. Из зарплаты сотрудника за ноябрь 2015 года бухгалтер может удержать только 9918 руб. Оставшуюся сумму в размере 17 020,8 руб. (26 938,80 руб. - 9918 руб.) можно будет удержать из зарплаты за следующие месяцы.

Full liability

Full liability implies compensation by the employee for the entire amount of damage (part 1 of article 242 of the Labor Code of the Russian Federation).

Full liability agreement

An agreement on full liability can be concluded with employees of special positions or employees performing special work. These positions and works are listed in the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85. For example, the list includes positions:

forwarding driver;
salesman;
cashier;
warehouse manager, etc.

An agreement on full liability can be concluded with managers, their deputies and chief accountants (part 2 of article 243 and part 1 of article 277 of the Labor Code of the Russian Federation).

Cases of full liability are listed in Article 243 of the Labor Code. In particular, these include the following situations:

the damage was caused in a state of alcoholic, narcotic or other toxic intoxication;
causing damage not in the performance of work duties by the employee;
The employee divulged a trade secret.

Maximum deduction amount

With full financial responsibility, the employee compensates for the entire amount of damage. But even in this case, it is necessary to calculate the maximum amount of deduction for each month, since more than 20% of the salary cannot be withheld (part 1 of article 138 of the Labor Code of the Russian Federation). An example of the calculation is given above (example 2).

Reason for retention - order of the director

The head of the company has the right to decide the issue of withholding material damage from the employee. He can (Article 240 of the Labor Code of the Russian Federation):

collect a debt in the amount of the average monthly salary (with limited material liability of the employee);
fully or partially forgive the damage.

Any decision of the leader is issued by order. The head of the company must issue an order within one month from the date when the amount of material damage is established (part 1 of article 248 of the Labor Code of the Russian Federation).

Just do not forget that the employee must be familiarized with the order for the recovery of damage against signature. If he refuses to sign the order, they draw up an act.

For an accountant, the order is the basis for withholding the amount of damage from the employee's salary.

Compensation through the court

In some cases, the employer will still have to deal with statement of claim to the court, in particular (parts 2 and 4 of article 248 of the Labor Code of the Russian Federation):

if the employee disputes the amount of material damage, the compensation of which is charged to him by the employer;
the employee refuses to voluntarily compensate for material damage;
the employer missed the monthly deadline for issuing an order for the recovery of damages;
to recover a part of the amount of damage that exceeds the average monthly salary;
that the employee reimburse the company for expenses that cannot be recognized as direct actual damage.

In this case, a reduced limitation period is applied - one year (part 2 of article 392 of the Labor Code of the Russian Federation).