Return of the company car: When is the employer in law?

Return of the company car: When is the employer in law?

In recent years, the topic of company cars and its use has increasingly come into focus, especially when it comes to the question of whether employers can request the return of a vehicle. In a recent case from Berlin, the question arises: Is it permissible that a manager demands the return of the company car after a while, even if it was used for private trips?

The company car is considered part of the employee's remuneration, comparable to the salary or other financial incentives. Peter Meyer, a specialist lawyer for labor law, explains that employers generally do not have the right to withdraw this car. However, there are exceptions that can be defined in certain contractual agreements or the framework conditions of the employment relationship.

exceptions and regulations

One of the most important exceptions concerns contractual provisions that are recorded in the employment contract or in a special company car agreement. Such regulations can determine, among other things, that the company car has to be returned if the employee is ill for more than six weeks or if a sales representative is transferred to the office and no longer performs travel activities.

Another important point is the termination of the employment relationship. In this case, the employer also has the opportunity to reclaim the company car, especially if the employee has been released. However, a clear contractual regulation is also required here, which grants the employer the right to immediately reclaim the vehicle after the termination is made.

If no specific regulations for the premature return of the company car were agreed in the employment contract, employees have the right to use the vehicle until the end of the employment relationship, including any exemptions. If the employer demands the company car back without a legal basis, the employee concerned could even request compensation. In such a case, the compensation would usually correspond to the amount that the employee had to tax for the private use of the vehicle.

In order to be legally secured in such situations, it is advisable to carefully examine the contractual agreements as an employee and to obtain legal advice if in doubt. Understanding your own rights and obligations in connection with company cars can be crucial to avoid unexpected conflicts with the employer.