Legal Advice for Employers and Employees


Questioner

My employer requires me to use a smartphone for my work: I have no problem with that and I have indicated this. Initially, you were expected to purchase a smartphone with a subscription yourself, for which you would receive a monthly fee. Now, however, there is also the option of borrowing a smartphone from the company. However, the following passage is included in the agreement: 'In the event of careless, negligent or reckless conduct by the employee, the employee is liable to the company for all resulting damage. The employer is entitled to deduct this damage from the employee's salary.' Because I cannot foresee the consequences of that clause (what is included in all damages - e.g. damage to image? - and how high can the maximum amount be?) I have not signed the agreement. I strongly get the feeling that my employer is now trying to force me to purchase a device/subscription myself, because my next higher manager wants to discuss this with me. - Is it true that the consequences of the clause in the loan agreement are incalculable? How else could this be formulated? - Can or may my employer still force me to purchase a device myself under the guise of: 'we have an alternative, but you don't want it'?

Lawyer

In principle, your employer will offer you compensation for goods that you need for your work. This is laid down in Civil Code 7, article 658. I think the agreement is very broad. It is true that the agreement must meet reasonableness and fairness. Your actions and resulting damage are therefore not simply attributable. I recommend that you include reasonableness and fairness in your agreement. I have experience with that.

Questioner

Thanks for your answer. Could you be a bit more specific about your advice on recording 'reasonableness and fairness' in the agreement? What should/could such a passage/sentence look like?

Lawyer

Based on BW 7 article 631, any deduction from wages by the employer is null and void. To express reasonableness and fairness, I need your contract. Please contact us for this.

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