As a rule, the employer is the owner of the work tools entrusted to the employee, and therefore may request the employee to return them at any time. Handing over h equipment to an employee for temporary use has a specific purpose - the performance of employee duties. This may be of particular importance in the era of the pandemic, when, due to remote work, using a company car has lost its purpose. It should be remember that it is the duty of the employee to return the property to the employer at his request. What happens when an employee does not want to return, for example, a company car? What can the employer do in such a situation? In the latest article, we answer these questions. The employer is not left without a solution.

There are three options that can be used.
 

Firstly, in certain cases, refusal to return property may constitute a serious breach of employee duties. In any event, it should be remembered that the reason for the termination of employment must be factual, objective and current.

Secondly, the employer may take criminal steps and submit a notification to law enforcement authorities about the suspicion that an employee has committed a crime of usurpation.

Third, irrespective of the above-mentioned actions, the employer may take legal action in civil proceedings. He may demand remuneration from the employee for non-contractual use of things, regardless of whether the employee has used things effectively.

More in the article r.pr. Nicole Gerwat „Returning a company car sometimes by force” for Rzeczpospolita (article of 24 February 2021).