Theft of personal items in the company: what are the rules?

Verified 22 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The legal texts do not provide that the employer can be held liable. In the event of a conflict, it is up to the judge.

The employer is considered to be the custodian of the personal objects of his employees (clothing, vehicle, mobile phone, etc.).

This is a contractual liability of the employer arising out of the employment relationship.

The employer must take appropriate measures to ensure the proper preservation of the personal belongings of his employees, to reduce thefts and damage to the premises of the company.

The employer has an obligation to implement a locker room or a secure cabinet for storing personal effects.

Individual cabinets are equipped with a lock or a lock.

However, the employer may release itself from any liability in any of the following cases:

  • In case of force majeure
  • If he proves an employee's fault (for example, if the employee forgot to lock his record)
  • By posting a disclaimer in the company

Please note

rules and regulations insertion into the disclaimer is prohibited.

In the event of theft or damage to these personal items, the employee may to refer the matter to the labor council to claim compensation from the employer.

If the employee wishes to incur the liability of the employer, he must prove that the employer has committed a gross negligence. For example: lack of monitoring of access to premises, lack of availability of closed lockers for employees, lack of response of the employer to numerous thefts.

The judge looks at whether the employer has met its obligations.

The employer may bring legal proceedings against the thief (whether employed or not by the company).

If the thief is an employee of the company, he or she is liable to the following penalties: