As part of the employment relationship, employers typically provide employees with work equipment that allows them to perform their duties. Employees are obligated to care for this equipment, use it for its intended purpose and in accordance with the employer's instructions, and adhere to occupational health and safety regulations. However, what happens if an employee misuses this equipment? We will answer these and other questions in this article.
Misuse of company equipment
An employee's use of company equipment, such as a computer, car, telephone, or other specialized equipment, for personal purposes may constitute grounds for termination of the employment contract. Typically, improper use of company equipment must result in a loss of trust in the employee, thus directly or indirectly jeopardizing the employer's interests.
Disciplinary dismissal
According to the latest Supreme Court case law, an employee who uses company equipment for private purposes without the employer's consent may also be dismissed for disciplinary reasons.
However, the Supreme Court emphasized that "It is difficult to put forward a single general thesis as to whether the use of equipment belonging to the employer for purposes unrelated to the performed work constitutes a serious breach of basic employee duties or not, as this is determined by the individual circumstances of the case." This means that the mere fact that an employee uses company equipment for private purposes does not always lead to dismissal, let alone disciplinary dismissal.
According to the Supreme Court, "The concept of 'serious breach of basic employee duties' used in Article 52 § 1 item 1 of the Labor Code includes three elements. These are: unlawfulness of the employee's conduct (breach of a fundamental employee duty); infringement or threat to the employer's interests; fault, including both intentional fault and gross negligence. Unlawful conduct of an employee is understood as conduct contrary to the rules of labor law applicable to that employee, which may consist in both action and omission. The unlawfulness of an employee's conduct alone does not justify termination of the employment contract under Article 52 § 1 item 1 of the Labor Code" (Supreme Court Resolution of October 11, 2023, file reference: I PSK 35/23).
Can the use of tools such as Chat GPT constitute grounds for termination?
Employees are increasingly using artificial intelligence solutions. However, it's important to remember that this technology learns from the data it processes. Therefore, it's crucial to carefully verify and vet any data entered into AI-based systems. It's important to ensure that this data doesn't violate company confidentiality or contain personal information.
In such a case, an employee who enters confidential information into AI-based systems may be violating their basic job duties. In some situations, such action may constitute a serious breach of duty, which may result in disciplinary action.
Additionally, an employee who uses Chata GPT during working hours, on a work computer or phone for private purposes, e.g. to ask personal questions unrelated to work, may also be subject to disciplinary action under certain circumstances.
An employer's decision to terminate employment must be carefully considered. It should be considered whether the employee's conduct truly constituted a nuisance, negatively impacted the employer's interests, and thus caused a loss of trust.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 6, 2024
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