The Supreme Court considers the question of employer’s liability for the damage caused to the employee’s car which is used by such employee for his or her transport to the workplace and back. In accordance with the Labour Code, the employer is obliged to pay for the damages caused to the employee on things which are normally carried into the workplace and which the employee puts aside during performance of working duties or in connection with it in a place intended for such purpose or in a usual place. However, according to the Supreme Court, it’s not possible to consider that such thing may be represented by any means of transport, i.e. not only cars but also bikes, motorcycles etc.
In case of a motor vehicle, which employee placed in the premises of employer in an unguarded car park, the employer’s liability is thus limited to CZK 10,000 only, unless the damage to this motor vehicle was caused by another employee. However, if the employer accepts the car into a special form of custody (such as e.g. a guarded car park), the employer would be obliged to pay the damages in the full extent.
(Decision of the Supreme Court, file no. 21 Cdo 2345/2015 from 23 January 2017)