Who Will Pay For The Damage Of Working Equipment?

Employees in their daily work, it is inevitable to use a variety of tools and equipment, small to everywhere around stationery, to expensive electronic equipment and even professional machinery and equipment. At the same time, disputes related to these tools also emerge in endlessly. There have been a lot of similar express brother electric car damage out of pocket compensation, employees use up the company's computer to repair the news, and triggered relevant discussions.

Should the damage of tools and equipment at work be at the risk of employees? In this regard, our newspaper released a survey through the wechat public account "Youan union". The survey results showed that nearly 90% of netizens believed that the company should bear the losses due to the damage of working equipment at work. At the same time, the workers also believe that the damage of working equipment should be "specific analysis of specific problems", not generalize.

In the process of workers' work, it is inevitable to use tools, from small stationery to mechanical equipment, can be said to be working tools. In the process of work, it is inevitable that tools or equipment will be damaged. What is your first reaction when your "public property" is damaged in your own hands? Have you ever met anything like that?

A few days ago, a business travel Xiao Li, an employee outside, encountered such a depressing thing: "the company provided each of us with a notebook for work. When I was on a business trip that day, the computer suddenly couldn't be turned on. Because of the heavy work during that time, I spent a lot of money to repair it quickly. Unexpectedly, the company was not willing to bear the maintenance cost." According to Xiao Li, in order to ensure the safety of the company's computer, there is no other software installed in the computer except office software. When using it, Xiao Li is also cautious, for fear of damaging the computer. This reporter "has nothing to bear with the company." In daily work, the damage of office tools like this is very common. For example, computers and cameras equipped by the company, express delivery or take away brother's car, and even office supplies on the desk belong to work tools. When working tools are damaged, different companies take different measures.

Taking the electric vehicle of the courier as an example, the reporter visited the express points in Shanghai to find several couriers, and consulted them about the solutions for the damage of the electric vehicle. The answers were also different. If there is a problem in the express delivery network, the express delivery will bear the cost. Some couriers said that the electric vehicle is equivalent to the company's renting to the courier. It can be used for personal use either during work or after work. After two years of service, the electric vehicle can be owned by the courier or replaced with a new one. However, on the contrary, in daily work and life, the courier needs to be responsible for all the expenses of the electric vehicle, including the maintenance cost caused by the failure in the work.

In case of damage to tools and equipment, there are different opinions on who should bear the loss. In this survey, 88% of the respondents believed that the enterprise should bear the responsibility for the loss of working equipment during the working period, and 11% of the respondents believed that both parties should share the responsibility. Some employees believe that the tools provided by the company belong to public property, and employees should pay attention to the protection in the process of using, and it is reasonable to punish the damage to public property.

Some people also believe that all tools have a service life, and it is inevitable for employees to wear and tear in the process of using them. No matter whether they are working or not, employees are creating benefits for the company by using these tools. Then the company should solve the worries of the employees, rather than embarrass them in these matters. Otherwise, it will only backfire and make employees afraid of their hands and feet, It's better to do less than to do more. A netizen believes that, like office supplies such as desks, tools and equipment are also logistics support for employees. "If you have to worry about something broken and have to compensate yourself when you go to work, then where will employees have the heart to go to work?"

And in the work shift In addition, there are also frequent cases that employees use up working tools and equipment. In this regard, 16% of the respondents still insist that the loss should be borne by the enterprise, 5% of the respondents think that it should be borne by the employees, 11% of the respondents insist on sharing the responsibility equally, and 66% of the respondents believe that the specific problems should be analyzed in detail. "The loss of equipment outside working hours may be due to overtime work of employees, or natural aging of equipment or even accidents. The key lies in the operation reasons and process of employees at that time, and the responsibility should be divided according to the specific situation, rather than simply and roughly cutting across the board."

However, some netizens pointed out that it is not important whether they are working hours or not. When enterprises provide such tools to employees, they naturally hope that they can use them reasonably. As long as the employees use them normally, they should not be responsible for this part of the loss. "As long as it is not deliberately done, the company should be responsible for the damage to the working equipment. The company has rules for operating the equipment and operates normally according to the operating procedures. If there is an accident, it should be included in the company's property loss. If it is malicious damage, it is another matter." A netizen called "quiet" left a message.

Although the opinions of netizens are different, they have a lot in common in the hope that enterprises can sweep away worries for employees in their work. So, in practice, about workers Has there ever been a conflict with the relevant provisions of the enterprise? What should be done when there is a conflict between the staff and the enterprise because of the working equipment and tools? In this regard, Tang Yi, a lawyer from Tang Yi law firm, believes that unless it can be proved that workers intentionally damaged office tools, they should not be liable for compensation. As a beneficiary, the operator's achievements can not be transferred to the laborer.

Since there are relevant regulations for employees to damage enterprise tools, does the enterprise need to compensate for the damage caused by using their own tools and equipment when working for the enterprise? According to the online survey, 33% of respondents said they would seek compensation from enterprises, 55% said they would not seek compensation from enterprises, and 11% said they were not clear. In addition, for some employees, they sometimes bring their own equipment such as computers and cameras for the work of the unit. If there is any damage, the company should also "solve the problems" for the employees. Lawyer Tang Yi also believes that employers are liable for losses unless they are used voluntarily by workers.

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