An employee who fails to return company equipment upon the employer’s request is committing a criminal offence

Autor

Damian Tokarczyk, PhD

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The employer is the legal owner of all company equipment and is entitled to demand its return at any time. Unless a separate civil agreement (such as a loan-for-use contract) has been concluded between the parties, the employee has no legal right to retain the property.

The employer is not required to provide detailed justification for requesting the return of the equipment. Such requests most commonly occur during extended sick leave or upon the termination of employment.

A failure to return company equipment may constitute the criminal offence of embezzlement, defined as the unlawful appropriation of property that had previously been voluntarily entrusted to the offender by the owner. This offence is punishable by imprisonment for a period ranging from three months to five years. The employer is entitled to report the matter to the public prosecutor and to participate in the criminal proceedings as the injured party.

 

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