The Obligation of Prevention of Damage of the Employee

According to provision of Section 249 Subsection 1 of Act No. 262/2006 Coll., Labour Code, the employee shall prevent damage to health and property and also to unjust enrichment. The employee shall notify any threats of damage to the superior employee.

According to the opinion of the Supreme Court of the Czech Republic (decision as of 09.03.2015, Reference Number 21 Cdo 1924/2013), breach of the obligation of prevention of damage by the employee can be considered as a breach of employee’s legal obligation and can constitute employee’s liability for damage pursuant to provision of Section 250 of Labour Code.

The employer is entitled to reproach the Employee for breaching the prevention obligation only if the employee did not behave in a way to prevent the damage on property; specific working conditions and time and local situation must be taken into consideration. If the way of fulfilment of the prevention obligation depends only on the consideration of the employee, it is possible to reproach the employee for breaching the prevention obligation only if his behaviour was in obvious contradiction with general experience.