my company is charging me for the lost laptop
Querist :
Anonymous
(Querist) 21 July 2010
This query is : Resolved
Hi Friends,
I am working as a Software Developer in an IT company. Recently some thief broke into my rented flat, and after breaking the lock took away my personal laptop and another laptop provided by my employer. As is common all over India, Police hardly did anything except writing an FIR after 15 days under the social and political pressure. Well the problems just started for me, because my employer IT company is also charging me in full for the lost laptop. When I approached Accounts department, they told that they will charge me as much as the new laptop will cost them. Further, on inquiring regarding Insurance plans taken by the company, my HR manager told me that the company is only liable if the laptop get stolen from within the company premises.
I request you to kindly advice me what does the Indian Law says about this.
Thanks.
mahendrakumar
(Expert) 21 July 2010
since it is lost from your flat,as per the terms of insurance,your company will not get the claim for the lost laptop.
as such legally you are liable to pay unless it is there in the official records that company laptop could be taken out of the company premises for official purpose.
meet the HR head and try to settle the issue on goodwill of the company.
s.subramanian
(Expert) 21 July 2010
i agree with Mr.Mahendrakumar. Stictly speaking the laptop is the property of the company which has been placed at your disposal temporarily.you are liable forthe safekeep of the same. if it is lost you have to make good such a loss.
Querist :
Anonymous
(Querist) 22 July 2010
Thanks Mahendra and Subramanian for replying.
Mahendra, indeed I met HR head more than once and requested them to at least share the burden of the lost laptop, but they insist on me bearing the whole cost. Here I would also like to inform you that I never signed any document when I received this laptop. Further on your comment on any such record that company laptop could be taken out of the company premises for official purpose; everyone who is assigned a laptop does take it home after day's work. There is hardly any chance of any written agreement on that.
mahendrakumar
(Expert) 22 July 2010
dear anonymous,
there are such practices at many places.
however at privately managed companies/firms, you may risk your job and reputation if you try to fight it out legally.
if people are taking out the laptop outside the premise of the company for 'finishing company related" assignments, you may point the same during informal discussion that it is a common risk for all and such as a goodwill company should cover such risks.
mahendrakumar
(Expert) 22 July 2010
dear anonymous,
there are such practices at many places.
however at privately managed companies/firms, you may risk your job and reputation if you try to fight it out legally.
if people are taking out the laptop outside the premise of the company for 'finishing company related" assignments, you may point the same during informal discussion that it is a common risk for all and such as a goodwill company should cover such risks.
G. ARAVINTHAN
(Expert) 22 July 2010
Your company is right in claiming the cost from you
Querist :
Anonymous
(Querist) 22 July 2010
Hi Mahendra,
My concern is that laptops are not desktops, so they will be taken out of the company premises every day. If the company assigns a laptop to an employee, then who should get it covered? Employee or Employer? After all it is always company's property.
mahendrakumar
(Expert) 23 July 2010
why should the laptop be taken outside the premises of the company? If it is being done for official purposes,then the company should insure it.
generally people take it to their homes for their own purpose. In that case the conerned person should insure it.
Querist :
Anonymous
(Querist) 23 July 2010
Hi Mahendra,
In a scenario where company expects employees to work from home, people take official laptops home. Kindly advise in which court, I can file an application against my employer.
Thanks & Regards
mahendrakumar
(Expert) 24 July 2010
if the laptops were taken out of the company premises with the consent of the is company,company is liable to bear the loss and I had raised this issue in my earlier reply.
if it is being done on expressed consent from the employer,you have a case.
