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Publication date: 15.05.2024
active and purposeful military lawyer with more than 4 years of experience
No - answers Gostrud
An employment contract may be terminated at the initiative of the employer in the case of culpable actions of an employee who directly handles monetary, commodity or cultural values, if these actions give rise to a loss of trust in him on the part of the employer (clause 2 of the first part of article 41 of the Labor Code).
Dismissal on the grounds of loss of trust can be considered justified if an employee who directly handles monetary or commodity values (engaged in their reception, storage, transportation, distribution) intentionally or negligently committed such actions that give the owner or an authorized body grounds for loss to him. trust (in particular, violation of the rules for transactions with material values).
Direct service of monetary and commodity values is their acceptance, storage, transportation, distribution, etc. Persons who directly serve them are primarily persons engaged in the reception, storage, transportation and distribution of material values, for example, sellers, cashiers, managers of bases, etc. The terms "storage", "maintenance" and "distribution of valuables" should be understood as a wide range of operations on the forwarding or release of valuables, sometimes completely unrelated to their direct maintenance.
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The main group of employees who directly service monetary and commodity values are persons who receive them for reporting. As a general rule, in case of insufficient material assets, such employees bear full financial responsibility on the basis of written contracts or special laws.Persons performing accounting, security, or management functions for the disposal of the company's property and funds do not belong to the circle of employees directly servicing monetary or commodity values, and such persons cannot be subject to dismissal under paragraph 2 of the first part of article 41 of the Labor Code.
In each specific case, it is necessary to find out whether the performance of operations related to the maintenance of valuables constitutes the main content of their work duties, whether the performance of the specified actions by them is of a responsible, accountable nature with the presence of accounting, control over the movement and storage of valuables. . The obligation to service valuables may be stipulated by tariff and qualification guides, job instructions and other regulatory acts.
Therefore, if the security guard's duties do not include the direct maintenance of monetary, commodity or cultural values, the dismissal of the security guard on the basis of paragraph 2 of the first part of Article 41 of the Labor Code will not be considered legal.
From the editors:
Please note that in this situation Gostrud's competent opinion is described regarding the fact that the dismissal of the watchman due to the fact of loss of trust is impossible, if the duties of the watchman do not include the direct maintenance of monetary, commercial or cultural values.
But this does not exclude the possibility of the employer terminating the employment contract with him at the initiative of the employer, defined in articles 40 and 41 of the Labor Code. Of course, if there are such grounds for termination of the employment contract.
