According to the Labor Code, employers are obligated to provide employees with the necessary tools to perform their work, such as a laptop or phone. While it's possible for employees to use their own equipment for work purposes, this must be preceded by their consent and appropriate provisions in the work regulations to avoid any ambiguity.
Although this way of organizing work is permissible, it involves a number of potential threats to the employer's interests.
Employee claims
If an employee uses personal equipment for work purposes, there is a risk that employees will be available after working hours. According to current case law, even sending emails to employees after hours can be considered mobbing. An example is the judgment of the District Court in Lublin of June 20, 2018 (case file reference VIII Pa 86/18).
As a result, there may be interference with the employee's free time, leading to a violation of his or her right to rest.
Consequences of violation
- Allegations of mobbing: An employer may face allegations of mobbing, which could result in legal proceedings in which the employee would seek compensation for discrimination or mobbing behavior. It's worth noting that Polish legislation aims to simplify the definition of mobbing, making it easier for employees to pursue claims;
- Sensitive data leaks: Another threat is the potential leak of work data stored on employee personal equipment. Employers will have no control over what happens to this data, which could lead to serious financial and reputational consequences in the event of a hardware failure.
- Right to privacy: Employees have the right to privacy on their phones. Installing work apps on a private device may raise concerns about the employer's access to the employee's private data and monitoring their activities outside of working hours.
- Work-life balance: It's also worth noting the growing importance of regulations related to the "work-life balance" directive, which emphasizes employees' rights to rest and maintaining a work-life balance. Using a personal phone for work purposes can disrupt this balance.
Summary
While the use of private equipment is possible, it requires the employee's consent and appropriate regulation in the employee's work regulations. However, even if the employee consents, there is a potential risk to the employer in the event of claims related to privacy violations or interference with the employee's free time.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 27, 2025
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