Liability for property entrusted to an employee

Liability for property entrusted to an employee by the employer is regulated in Articles 124-127 of the Labor Code. For liability to arise, the property must be entrusted to the employee with the obligation to return it. The employee is responsible for the full value of the property entrusted with the obligation to return it. To hold an employee liable, it is enough to indicate that there are quantitative deficiencies in the property. In the event of damage to property, the employee bears limited liability as long as he proves that he caused the damage unintentionally. The employer must prove only the fact that the damage occurred and the fact that property was entrusted to the employee. The employee may free himself from liability by proving that the damage was caused by the employer’s failure to provide appropriate conditions to secure the property or for reasons beyond the employee’s control, which the defendant employee, in accordance with the case law of the Supreme Court, must substantiate to a high degree. Pursuant to Art. 125 of the Labor Code, it is possible to entrust property to several employees. The entrustment is made on the basis of a contract drawn up in writing under pain of nullity. The contract should specify, in fractional parts, the responsibility of each employee. Each employee is liable for the damage up to the amount of his or her own share, unless it is proven that only some of the employees are liable for the damage. The implementing regulations specify when a contract can be concluded – it depends on the number of employees and the shift work system.