If the transportation deadlines are not met, there is no need to file a claim - it will be generated automatically after receiving the cargo. The response will be received within 1 business day.
If the shipment is damaged or lost:
- Upon receipt of the cargo, issue a bilateral report on damage or loss of the cargo (full or partial). An employee of our terminal or a driver will help you fill out the document if you receive the cargo at the address. Sign the document and check that it has the signature of our employee
- File an insurance claim. Find out more about how to do this correctly to get compensation faster
We accept claims for insurance events that have not expired. For cases where the cargo is lost or damaged, this is 2 years from the date of delivery to the recipient or the expected date of receipt.
Civil relations
Under a contract for the carriage of goods, the carrier undertakes to deliver the goods to the destination, and the sender undertakes to pay the established fee for the carriage of goods.
The carrier's liability for loss, shortage and damage (spoilage) of cargo or luggage is provided for in Art. 796 of the Civil Code of the Russian Federation.
The carrier is responsible for failure to preserve the cargo that occurred after it was accepted for transportation and before delivery to the consignee, unless he proves that damage (damage) to the cargo occurred as a result of circumstances that the carrier could not prevent and the elimination of which did not depend on him (clause 1 of Art. 796 of the Civil Code of the Russian Federation).
In case of damage (damage) to the cargo, the damage caused during the transportation of the cargo is compensated by the carrier in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo, in the amount of its value.
The cost of the cargo is determined based on its price indicated in the seller’s invoice or provided for in the contract (paragraph 3, 5, paragraph 2, article 796 of the Civil Code of the Russian Federation).
Deadlines for filing a complaint with an employer
Before writing a claim, you should check whether the deadline for filing claims against the employer in court has not expired (Article 392 of the Labor Code of the Russian Federation):
- 3 months from the moment the employee learned or, due to objective circumstances, should have learned that his right was violated (period for most disputes);
- 1 month from the moment the employee received the dismissal order or work record book (period for disputes regarding the legality of dismissal);
- 1 year from the date of payment of wages and other payments (period for disputes about non-payment of funds due to the employee, including upon dismissal).
Missing these deadlines in itself does not deprive the employee of the right to file a claim with the employer and go to court. Moreover, the court will be obliged to consider the dispute on its merits, unless the interested party (employer) declares that the statute of limitations has expired (Article 199 of the Civil Code of the Russian Federation).
It is also possible to restore the period if the employee had valid reasons for missing it (for example, long-term disability). If the court grants the petition to restore the deadline for filing claims, then the employer’s arguments about the expiration of the statute of limitations will not be taken into account.
Filing a claim after the statute of limitations on the dispute has expired reduces the chances of the employer voluntarily satisfying the employee’s demands, but does not exclude them. In any case, you should not mention claims about missing a deadline in the text and describe the prospects for its restoration.
Documentation of operations to obtain compensation from the carrier
The conclusion of a contract for the carriage of goods is confirmed by a waybill (bill of lading or other document for the cargo provided for by the relevant transport charter or code).
Before filing a claim against the carrier arising from the transportation of cargo, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code (clause 1 of Article 797 of the Civil Code of the Russian Federation).
In addition, if the cargo is damaged, a report is drawn up, which is attached to the claim presented to the carrier.
So, for example, if delivery was carried out by road, then in this case:
- The consignment note is drawn up by the shipper, unless otherwise provided by the contract for the carriage of goods (clauses 1, 2 of Article 785 of the Civil Code of the Russian Federation, clause 6 of the Rules for the carriage of goods by road, approved by Decree of the Government of the Russian Federation of April 15, 2011 N 272 (hereinafter referred to as the Rules for Transportation cargo by road)).
- The procedure for filing a claim is given in section. VII Rules for the carriage of goods by road.
- If the cargo is damaged, a report is drawn up, which is attached to the claim presented to the carrier (clause “c”, clause 79, clause “e”, clause 88 of the Rules for the carriage of goods by road). The procedure for drawing up an act and filing claims is given in section. VII Rules for the carriage of goods by road.
Where to send a claim
The most convenient way to submit a claim is through your personal account. There, documents will be stored in one place, which will speed up the processing of the application. At the same time, you will be able to track its status and review period.
Read more about the benefits of your personal account.
You can file a claim in other ways
Electronic:
| In printed form:
|
Accounting
Ownership of the finished product passes to the consignee (buyer) upon receipt of it from the carrier; therefore, proceeds from the sale cannot be recognized in the consignor’s accounting records for a certain time.
The cost of finished products transferred to the carrier is reflected in the debit of account 45 “Goods shipped” in correspondence with the credit of account 43 “Finished products” (Instructions for the use of the Chart of Accounts for accounting financial and economic activities of organizations, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n ).
The cost of damaged finished products that cannot be restored is written off by the shipper from account 45 to the debit of account 94 “Shortages and losses from damage to valuables” (Instructions for using the Chart of Accounts).
After the carrier acknowledges the claim, the organization makes an entry in the debit of account 76 “Settlements with various debtors and creditors”, subaccount 76-2 “Settlements on claims”, in correspondence with the credit of account 94 for the amount of the book value of damaged finished products.
The difference between the amount of compensated damage and the book value of damaged finished products is other income for the shipper, which is reflected in the credit of account 91 “Other income and expenses”, subaccount 91-1 “Other income”, and the debit of account 76, subaccount 76-2, in the period of recognition of the claim by the carrier (clauses 2, 7, 10.2, 16 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of Russia dated 06.05.1999 N 32n).
The receipt of funds from the carrier to compensate for the damage caused to the organization is reflected in the debit of account 51 “Settlement accounts” and the credit of account 76, subaccount 76-2 (Instructions for using the Chart of Accounts).
Cases in which a claim to the employer is required
An employee whose rights have been violated by the employer has the right to protect them by any legal means.
For example, immediately contact the prosecutor's office, labor inspectorate or court. Such employees are not required by law to take measures to peacefully resolve disagreements, including first submitting a claim to the employer. The direction of this document makes sense if:
- there are chances that the controversial situation will be resolved without going to court or government agencies, which means that the employee will get what he wants faster;
- Additional written evidence is needed to go to court - for example, when it is planned to prove the existence of an employment relationship.
Most often, former employees file a complaint, but current employees can also do so. The employer has many responsibilities, and improper performance or failure to perform any of them may be the basis for a claim. For example:
- failure to issue personal protective equipment;
- groundless disciplinary action;
- involvement in overtime work without due compensation;
- illegal assignment on a business trip;
- failure to fulfill the obligation to transfer insurance premiums;
- failure to provide legal leave, etc.
The most common claims are filed in connection with illegal dismissal, non-issuance of a work book, non-payment of funds due to the employee (salaries, regional allowances, etc.).
Corporate income tax
The amount of compensation for damage is taken into account as part of non-operating income on the basis of clause 3, part 2, art. 250 Tax Code of the Russian Federation.
The specified income is recognized on the date the carrier recognizes the amount of compensation for damage (clause 4, clause 4, article 271 of the Tax Code of the Russian Federation).
Chapter 25 of the Tax Code of the Russian Federation does not contain a direct rule allowing the cost of damaged finished products, which are compensated by the carrier, to be included in expenses.
At the same time, in our opinion, the organization, in connection with the recognition of non-operating income in the form of amounts received as compensation for damage, has the right in the same reporting (tax) period to take into account the cost of damaged finished products as part of non-operating expenses on the basis of paragraphs. 20 clause 1 art. 265, paragraph 1, art. 272 of the Tax Code of the Russian Federation (as other justified expenses associated with receiving non-operating income). Similar explanations are given, for example, in Letters of the Ministry of Finance of Russia dated April 27, 2020 N 03-03-06/1/34033 (on compensation for losses from theft), dated June 19, 2018 N 03-03-07/41741 (on compensation for losses in the event of loss of property rights).
Rules for notifying an employer about suspension of work
If an employer does not pay wages to an existing (not dismissed) employee, then usually not a claim is filed, but a notice of suspension of work (Article 142 of the Labor Code of the Russian Federation). By submitting such a document, the employee can be legally absent from the workplace, and the employer will be obliged to pay the average salary for this time.
To avoid being fired for absenteeism, an employee must:
- make sure that his job duties do not relate to those listed in Art. 142 of the Labor Code of the Russian Federation for types of work, the suspension of which is not allowed (for example, work in an ambulance);
- make sure that the non-payment of wages (other payments) occurs for more than 15 days and there are documents establishing the employer’s obligation to make payments within a certain period;
- send the notice in such a way that there is clear confirmation of its receipt by the employer.
It should also be borne in mind that on the next working day after the employer’s written notification of readiness to pay the debt, the employee is obliged to go to work.
An example of a notice of suspension of work can be found on our portal.
Recommended ways to send written requests to the employer
It is advisable to submit any written appeals to the employer, including claims and notices of suspension of work, so that the employee has evidence of their delivery or at least sending to the employer.
Judicial practice on this issue is ambiguous. Thus, the Penza Regional Court considered that there is not enough evidence of sending a notice of suspension of work - what is needed is confirmation of its receipt by the employer (appeal ruling dated April 28, 2015 No. 33-1153/2015). That's why:
- If the document is sent by mail, it is necessary to make an inventory of the attachment. Type of shipment: registered letter with acknowledgment of receipt. Before taking action (in particular, not going to work), it is better to wait for the notification with a receipt. We recommend sending your application to all known addresses of the employer - official (contained in the Unified State Register of Legal Entities), postal, actual.
- If you submit an appeal, you must personally contact the person whose official duties include receiving and registering incoming correspondence (for example, a document support service employee), or personally the head of the company. You should make a copy of the claim in advance. On it, the employer’s representative must put a mark of acceptance indicating the date, his full name and signature.
What needs to be done before filing a claim for damage to goods during transportation?
According to the law, an act of receipt of damaged or damaged cargo must be drawn up at the request of one of the parties. The second party, in turn, does not have the right to ignore this requirement or refuse it. Employees of the organization must help resolve the issue, regardless of whether they agree with the claims made or not.
Sample complaint to a hardware store.
Read about how to file a claim for non-delivery of goods on time here.
How to file a claim for a defective product, read the link:
A company providing cargo transportation services acts as a subject if the client who contacted the transport company did this:
- On their own initiative;
- Through the organization's office;
- I ordered a car.
In practice, you may encounter situations where the manager of a store where large goods are sold pays for the services of a transport company. In this case, employees of another organization are responsible for delivery, and the consumer only receives delivery of the goods at the expense of the outlet. When drawing up the report, pay attention to this aspect and address the claim to the subject or its contractor.
According to the rules, a claim to a transport company is drawn up on the basis of an act and a number of other documents. These may include photographs confirming damage to the cargo. That is why, first of all, when you discover damage in the delivered cargo, take a photo. It is advisable that the frames reflect the date, time and report form. In this case, the photographs will serve as excellent evidence of the guilt of the cargo transportation company.
In order to avoid an unpleasant situation when a signature was placed for the received cargo, but in fact you discovered damage, carefully study all the documents. Remember that it will be much more difficult to prove anything if you have already signed for the accepted goods.
