Unintentional damage to property at work is a problem that both employees and employers can face. It often results from improper use of equipment or accidental mistakes. What are the consequences of such an incident? How does the law regulate liability for damage caused unintentionally? When can an employee avoid material liability? We take a closer look at this!
Entrustment of property to an employee - what does it consist of?
Entrusting property to an employee is a formal process in which the employer places certain resources or equipment at the employee's disposal, obliging him to use them responsibly and take care of their condition. This procedure is often used in companies where employees use tools, vehicles, computers or other equipment necessary for the performance of their professional duties, as well as work boots and work clothes. Formal entrustment of property usually requires the drawing up of a transfer protocol, which describes in detail the transferred items and their condition of use.
An important part of the process of entrusting property is to clearly define the rules of use and the employee's responsibilities with respect to the entrusted property. The employee must follow all instructions for the use of the equipment, perform regular maintenance and immediately report any defects or damage. The employer, on the other hand, must provide adequate training so that the employee can safely and effectively use the entrusted property.
At the same time, it is necessary to bear in mind the responsibility for any damage. If the entrusted property is damaged or lost, the employee may be held materially liable. These rules are governed by labor law and the Civil Code, and the details of liability should be clearly defined in the employment contract or additional internal regulations of the company.
Types of employee liability
Employee liability is divided into several main types, the most important of which are order liability, material liability and disciplinary liability.
Orderly liability refers to violations of internal regulations and workplace rules. Employees can be punished with warnings, reprimands and, in more serious cases, financial penalties. These sanctions are aimed at disciplining employees and preventing the recurrence of undesirable behavior.
Material liability refers to damage caused by an employee to the employer's property. It can be full or limited, depending on the nature of the damage and the circumstances under which it occurred. This liability is particularly relevant in the context of entrusting property to an employee.
Disciplinary liability, on the other hand, involves violations of basic employee duties, such as failure to perform tasks, disloyalty to the employer or serious violations of professional ethics. It can lead to the sanction of disciplinary dismissal, which is the most serious consequence of a violation of employee duties.
Unintentional damage to property - definition
However, there are times when a situation arises in which an employee causes damage to the employer's property without intending to do so. In practice, this means that the actions leading to damage to property are the result of inattention, negligence, lack of proper care or ignorance, rather than intentional action. Examples include accidentally spilling coffee on a company laptop, damaging office equipment while moving it, or damaging tools due to improper use.
The legal aspects of unintentional damage to property are governed by the Labor Code and the Civil Code. An employee's liability for such damage differs from liability for damage caused intentionally. In the case of unintentional damage to property, the employee may be held materially liable, but the scope of this liability is limited.
What are the risks for unintentional damage to property at work?
The employer has the right to claim compensation for the damage, but must prove that the damage was unintentional and did not result from the intentional actions of the employee. Typically, the employee may be required to pay for the cost of repairing or replacing damaged property, but labor laws provide protective mechanisms that protect the employee from excessive financial burdens.
Full material liability
Full material liability occurs when an employee causes damage intentionally or when the damage is caused by gross negligence. In such cases, the employee is obliged to pay the full costs resulting from the damage to the property. This includes both the value of the damaged equipment and any indirect losses, such as work stoppage costs or additional expenses associated with repairing the damage. However, the employer must prove intentionality or gross negligence, which often requires solid evidence of the employee's fault.
Material liability up to three salaries
In the case of unintentional damage to property, an employee is materially liable up to a maximum of three of his monthly salary. This limitation is intended to balance the interests of the employer and employee, preventing excessive financial burdens on employees for inadvertent mistakes. The employer may deduct the amount due from the employee's salary, but only up to a certain amount, thus ensuring that the employee is not deprived of his livelihood. This type of liability is designed to educate employees about the need to handle company property carefully, while giving them protection from drastic financial consequences for unintentional damage.
When is an employee not materially liable?
Finally, there is one more issue. Namely, it is about answering the question of when an employee is not materially liable for damage to property. This is the case when the damage occurred independently of the employee's actions or was the result of fortuitous events.
Another situation in which the employee is not materially liable is when the damage resulted from the normal use of equipment or wear and tear of materials. The employer should regularly monitor the technical condition of tools and equipment and perform necessary maintenance to avoid such situations.
In addition, an employee is not materially liable if the damage resulted from the execution of work orders that were improper or impossible to carry out in accordance with health and safety regulations. If the employer orders a task that leads to damage to property, the responsibility for the damage lies with the employer, not the employee. It is important that orders be precise and in accordance with applicable norms and safety standards, which protects employees from wrongful claims for compensation for unintentional damage to property.
