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3) Material liability arises in the presence of direct actual harm, the fault of the
employee (in intentional or negligent action), unlawful action (inaction) of the
employee, and in the presence of a causal link between the guilty and unlawful
actions (inaction) of the employee and caused damage.

The employee may be held liable in the presence of all of the above conditions,
the absence of at least one of them excludes the employee's liability.

A criminal, administrative or disciplinary liability does not release an
employee from material liability.
The law provides for different types of material liability, depending on whether
there are signs of a criminal offense (intentional damage to equipment, materials,
tools, work clothes, drunkenness, etc.) in the actions of an employee who violates the
labor protection rules. In the presence of signs of crime in his actions, the employee
may be (by Article 134 of the Labour Code of Ukraine) fully liable, and in the
absence of such signs, the employee shall be held liable within the limit of his
average monthly earning.
At the same time, employees are exempted from both material and criminal
liability if they harmed in a state of extreme need or a state of necessary defense.

Damages are compensated 1) voluntarily (by transfer of equivalent property or
repair of damaged property with the consent of the employer); 2) by collecting from
the salary (if the employee voluntarily does not want to compensate for the losses,
the damage, which does not exceed the average monthly salary of the employee, is
deducted from his salary); 3) by filing a lawsuit with the employer within one year
from the date of the finding of the damage (in other cases, as well as in case of the
employee's disagreement on deduction of wages).

4) Criminal liability is provided for by Articles 271-275 of the Criminal Code
of Ukraine. It occurs when the employee creates a hazard to the life or health of the
citizens or causes significant material damages.

Revision Questions

1) Types of liability for violations of labor protection legislation.
2) Which punishments are determined by the Labor Code in case of
Disciplinary liability?

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