When an employment relationship between the employer and the employee ends, it is important that we know what the company’s policy is regarding work teams. Otherwise, they could deduct the price of the computer from our settlement or even rely on judicial means to be able to claim it.
He telecommuting has caused companies to have to respond to a series of issues that did not arise when all workers carried out their duties from their own facilities. In addition to the most common doubts, related to schedules or rest times, There are another series of questions whose answers are very relevant when the employment relationship ends.
One of them refers to work teams. Specifically, the employee’s obligation to return, or not, his or her computer once the employment relationship has ended. Regardless of what was The reason for this termination: whether it has occurred voluntarily or if it is a dismissal. Below we address both this issue and the consequence of not wanting to return the equipment and tools that the company has in order to claim it.
Yes you have to return it
To answer this question, we use the response given by the National Court on March 22, 2022, which we can consult from this linkit states that, indeed, the equipment must be returned, since it is the property of the company in question. Although, yes, it emphasizes that the company must have included said information in the teleworking agreement that must have been signed both at the time of contract signing as a posteriori.
Furthermore, in said ruling it states that “tdealing with means owned by the employer, if they are not returned at the end of the contractual relationship, it is logical that, because they are integrated into the worker’s assets, their value (for these purposes taking into account their depreciation in accordance with RD 1777/2004) may be object of compensation with the salary debts that are components of the settlement”.
That is to say, the employer would have the right to deduct the amount of the relevant equipment from the settlement or, failing that, may claim the same through court. Therefore, it is advisable to follow the instructions of the company in question and proceed with the return at the appropriate time.
The teleworking contract
Whether we are part of the company as workers or the employer, the best way to avoid this type of situation is to include all the information that may be useful in the teleworking contract. In it, all the conditions that may be important throughout the entire professional career with the company in question must be set out.
In addition, the contract can be updated as new information arises. more questions or change some of those already established, always with the agreement of both parties. In this way, we will avoid any problems that may arise. some kind of discrepancy throughout our professional career in the company of which we are part.
