Damage To Employer´s Property
WHAT HAPPENS IF YOU CAUSE DAMAGE TO YOUR EMPLOYER (you damage their property)
Your employer is entitled to ask you for the compensation of the damage – either financial (this is
subject to a written agreement between them and you), repair of the damaged object, or a complete replacement of the damaged item with a new one.
- HOW MUCH WOULD YOU PAY? The maximum amount of the compensation for the damage you cause to your employer is 4.5 times your average monthly earnings. The damage could be paid all at once or in several instalments.
- ATTENTION: In case you caused the damage intentionally or you caused it when drunk or after abuse of other addictive substances, the limit shall not apply, you shall compensate for the damage in full including the compensation for the loss of profit.
WHAT IS MY LIABILITY FOR THE LOSS OF THING ENTRUSTED TO ME BY AN EMPLOYER?
You will have to replace the thing or compensate your employer in full (there is no limit set)
There are Conditions to Follow:
- There is a written agreement that you were entrusted the thing from your employer
- In case of things where the price exceeds CZK 50,000 the employer is obliged to sign a written Liability Agreement Concerning the Loss of Entrusted Things with you. The Agreement restricts the use of the thing solely to you (i.e. you are not liable for the tool or instrument or machine that is used by other employees on the shift).
- The loss of entrusted things usually concerns working tools and aids, company mobile, laptop or uniform.
WHAT HAPPENS IN CASE YOUR ACCOUNTS DO NOT BALANCE?
Note: Shortfall liability concerns jobs where employees handle employer´s cash, i.e. shop assistants, cashiers, accountants, restaurant workers etc.
The shortfall has to be compensated in full amount (there is no given limit)
The compensation of shortfall is subject to the following conditions:
- Your employer had signed with you a Shortfall Liability Agreement.
ATTENTION: The Shortfall Liability Agreement could be individual or joint. In case the employees have a joint liability, the compensation shall be calculated on the basis of their earnings, by the ratio of their gross earnings. What concerns managers, ratio of their earnings shall be calculated in double amount.
- It has to be YOU who has the opportunity to handle the given finances of a particular value (i.e. the cash at the cash desk).
- In case the shortfall was not caused by you (i.e. someone else stole the money from the till at the time when you were liable for it) you could be relieved of responsibility. You have to prove your employer you could not influence the financial loss. In case of a theft, this could be proved by an official police record.
COULD AN EMPLOYER FIRE YOU FOR CAUSING DAMAGE TO THEIR PROPERTY/LOSS OF THEIR PROPERTY/CAUSING THE CASHING SHORTAGE?
- The damage itself is usually not the reason to terminate the job contract. What matters is whether the damage was caused by the breach of working duti Serious breach of working duties could be a reason for an immediate termination of the job contract.
- It all depends on the extent of your fault or the extent of the damage caused, whether you were under the influence of alcohol/drugs and whether the damage was caused deliberately or by negligence.
- Should you disagree with being fired, make an appeal to the court.
- The damage caused has to be compensated for – either with identical thing, repair of the damaged thing or financially: all at once or through instalments.
- The employer is not entitled to deduct the instalments for the compensation of the damage from your salary. Nevertheless you can make a written arrangement on the instalments.
- The damage caused to your employer shall be compensated even though you no longer work for the employer.
- Veškeré pokuty za špatnou práci, za dobu pracovní neschopnosti, výběr dovolené i za cokoli jiného jsou protizákonné!
- All fines such as fine for bad work performance, for your sick leave, for taking a holiday and for many other things are all against the law!