Article 89 of the FBiH Labour Law stipulates that an employee who, at work or in connection with work, intentionally or due to gross negligence causes damage to the employer is obliged to compensate it, while Article 154 of the Law on Contracts and Torts stipulates that whoever causes damage to another is obliged to compensate it unless they prove that the damage occurred without their fault, and the plaintiff substantiates the legal basis of the claim on these provisions.
Article 210 of the Law on Contracts and Torts stipulates that when the property of one person is transferred to another person in any way, and that transfer has no basis in a legal transaction or in the Law, the acquirer is obliged to return it or to compensate the value of the achieved gain/profit.
In the case in which this Law Office successfully represented the plaintiff in civil proceedings number 65 0 P 781113 19 P, and regarding the Employee’s liability for damage caused to the employer – claim for damage – (German: Haftung des Arbeitnehmen für Schäden – Schadensersatz), the Municipal Court in Sarajevo, case number 65 0 P 781113 19 P on 18 October 2021 issued a judgment in which the defendant (a former employee of the plaintiff) undertakes to pay the plaintiff the amount of BAM 78,638.33 with statutory default interest, and to compensate him for the costs of the litigation in the amount of BAM 5,064.93.
The fact that the employee is responsible for the damage caused to the employer follows from the indisputable facts that the defendant was an employee of the plaintiff and that he was the only person authorized to deposit the daily cash in the disputed period covered by the lawsuit.
The damage caused to the employer is expressed in a reduced daily cash deposit compared to the amount that should have been deposited. The sole responsibility lies with the defendant who, as an employee of the plaintiff, was responsible for depositing the entire daily cash from the plaintiff’s business unit in which the defendant was employed.
If you need counselling on the subject of Employee’s liability for damage caused to the employer – claim for damages (German Haftung des Arbeitnehmers für Schäden – Schadensersatz) as a company, company member, director or founder or you need a corporate law attorney for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).
