Damage Caused to the Employee on a Deposited Means of Transport

The Supreme Court of the Czech Republic has recently dealt with the obligation of the employer to compensate the employee for damage to the car of the employee that the employee uses for getting to work and back (decision of the Supreme Court dated 23.01.2017, Reference Number 21 Cdo 2345/2015).

In accordance with the Labour Code the employer is obliged to compensate the employee for damage to things that are usually brought to work and that were deposited by the employee at a place intended or usually used for this purpose in the performance of working tasks or in direct connection therewith. According to the opinion of the Supreme Court no vehicle (no car, bicycle, moped etc.) is a thing usually brought to work.

For the car that the employee deposited on the premises of the employer on an unguarded parking lot, the employer is responsible only up to the amount of CZK 10,000, unless the damage on the car was caused by some other employee of the employer.

In case the employer accepted the car into special custody, the employer shall be obliged to compensate the employee for damage to the full extent. Under the special custody can be understand parking on the watched parking lot that was established by the employer for this purpose. Nevertheless under the special custody cannot be understand a parking lot within the range of vision of the reception or the security guard when the employer did not order the gatekeeper/security guard to guard the parking lot.