A service cell phone is presented to the employee for business purposes. If there is a loss or accident -related defect in private vacation, this can lead to problems.
If something happens to the service cell phone, the question of liability always arises. Who has to pay for the damage incurred? The circumstances of the incident and the right to use the employee play a role here.
When the service cell phone breaks
You are on vacation on the beach or pool and the smartphone falls into the water. The company cell phone is then defective. Was the employee allowed the mobile phone on vacation at all? In an article in the trading pale that the smartphone is taken with you – should it be excluded for business use – the labor lawyer Jürgen Markowski is prohibited. Because the phone is only intended for work and has lost nothing on private vacation. The employee must therefore be liable for the damage. However, if constant on -call service is required or private use is allowed, the damage is usually taken over by the employer. Only if the employee has grossly negligent or out of intent, the liability will return to him again.
When the service cell phone is lost
A lost or stolen cell phone is much more serious than a broken cell phone. In this case, the damage goes far beyond the material value of the smartphone. On the mobile phone there are most likely sensitive internal data that should not be third. The loss hereby represents a threat to the entire business. In the worst case, the company is targeted by hackers and cyber criminals. Their attacks and extortion usually cause high costs. If the employee has grossly negligent when losing the cell phone, he must be liable for all damage. In order to minimize the risk of a data clause, the business files should be secured as a precaution using passwords. Different apps also offer a remote control of the smartphone so that it can be blocked after theft. In addition, the company information can be deleted afterwards. Employees with service cell phone should also check whether their liability insurance covers the loss so that those affected do not remain on a fine.
Editor finance.net