Violation of the labor protection regime, which resulted in serious harm to the health of an employee or led to his death, is a criminal offense. The director of the organization is subject to liability if he did not eliminate the previously identified violation of labor protection requirements, did not ensure compliance with the established standards when implementing a certain type of work, or gave an instruction that violates the rules. If such actions on the part of the manager have not been proven, there is still a risk of his being held accountable - in this case for negligence.
The responsibility of the head of the organization for labor protection is prescribed in the Criminal Code of the Russian Federation. In case of refusal to hire a pregnant woman or a woman with children under three years of age, the top manager may be held accountable under the law. This situation is very common in practice. However, in real life, it is very difficult to prove the existence of such a violation.
It should be said that th botim database legislation contains quite a lot of such "dormant" articles. For example, in 2000, criminal liability of the manager for non-payment of wages, pensions, stipends, and benefits was established. However, the director will be punished only if such transfers to employees have not been made for more than two months and only if the manager's selfish or personal interest is revealed. That is, if delays in paying money are related to the difficult financial situation in which the organization finds itself, the top manager is not responsible for this.
Limitation period for the application of sanctions
The period for filing claims against the manager and applying punishment depends on the area in which the violation was identified:
Civil liability has a three-year statute of limitations. A claim for punishment of the director for violations in the field of labor relations can be filed within one year from the moment of detection of illegal actions. Bringing the manager to subsidiary liability in the event of bankruptcy of the company is possible within ten years.
The statute of limitations for administrative violations by a top manager depends on the category of violation. The maximum period for filing a claim for administrative cases is set at two years (for distortion of information in accounting).
The statute of limitations for criminal offenses depends on the severity of the crime committed by the director. Minor crimes with a statute of limitations of no more than two years are punishable by imprisonment for up to three years. Crimes of medium severity with a maximum date of occurrence of six years can result in imprisonment for three to five years. Serious crimes with a statute of limitations of ten years are punishable by imprisonment for five years or more.
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Methods of protection against risks
Any top manager must, in the course of his work, pay close attention to the execution of the business transactions he carries out.
To minimize cases of personal liability in their management activities, any manager should learn to manage risks taking into account constantly changing external fact