- the employer must one special screen glasses pay
- the principle is applicable: work equipment are provided by the employer
- riders to have claim on a bicycle and mobile phone
It is customary and fashionable for the employer to provide the necessary work equipment usually no problem. at special glasses but it can for the job on the screen ever be controversial. the European Court of Justice (ECJ) now had to decide this case. Had that before Federal Labor Court (BAG) a rider (bike supplier for food and drinks) his bike as work equipment awarded.
The employer has to pay for special screen glasses
The ECJ is now getting involved in occupational health and safety: Has the eyesight of an employee who always works at the screen changed due to the If screen work deteriorates, the employer has to pay for the glasses for working on the monitor. This was decided by the European court (ECJ of December 22, 2022, case no.: C-392/21).
The health insurance had to take over the costs from 530 euros for a visual aid rejected. The second chamber of the ECJ stressed that, Article 9 (3) of Directive 90/270/EEC should be interpreted in such a way that the term “special visual aids” used there also corrective glasses are meantwhich both correct and prevent visual problems when working on screens.
However, the directive does not require that the glasses “may only be used at work or when performing professional tasks”. After all, the regulation “does not provide for any restrictions with regard to the use of these visual aids”. The ECJ emphasized that the employer does not have to pay for “normal visual aids” for everyday use.
The principle applies: work equipment must be provided by the employer
The glasses are under the term work equipment to grasp which the employer gives to the employee leave Must. The term “work equipment” is to be interpreted broadly and is not limited to machines, tools, business documents and typical work clothing. The work equipment also includes the car used exclusively for business, laptops, company telephones, etc.
If the employee has been given a company car, he must return it immediately, if he receives a dismissal without notice from his employer. However, if the employee is also given a car for private use, he has until the legal termination of the employment relationship, i.e. after the end of a dismissal protection process, claim to the car.
The employee is obliged to return the work equipment to the employer at any time upon request. The same applies to the termination of the employment relationship. If the employee is given things free of charge or at a reduced price, this is relevant for tax purposes and the advantage as a wages to set. Expenses of the employee for work equipment are advertising expenses; as well as the costs for operation and maintenance.
Riders are entitled to a bicycle and mobile phone
Most recently, the Federal Labor Court (BAG) had to decide the case of a rider (bicycle supplier for food and drinks), who wanted his employer to provide the bicycle and a mobile phone (Judgment of November 10th, 2021, Az.: 5 AZR 334/21). The BAG clarified: Bicycle suppliers are entitled to bicycles and mobile phones. An agreement that the rider has to bring this himself is ineffective.
Like all employees, bicycle couriers are entitled to the employer providing them with the essential work equipment to carry out their work. These include a roadworthy bicycle and a suitable internet-enabled mobile phone. Deviations from this principle can be contractually agreed. If this is done in the general terms and conditions (GTC) of the employer, these only then effectiveif the employee receives appropriate financial compensation for using their own bicycle and mobile phone.
The defendant company granted the bicycle suppliers working for it a repair credit of 0.25 euros per hour worked, which could only be redeemed at a service company specified by them. This and the agreed use of one’s own bicycle and mobile phone put the rider at an unreasonable disadvantage and is therefore ineffective, according to the fifth chamber in Erfurt. The Rider can request that the work equipment necessary for the agreed activity be handed over to him suitable roadworthy bicycle and a suitable mobile phoneto which the delivery orders and addresses are transmitted by the app used for this – the employer provides.
Conclusion
If employees need special glasses for their work on the computer screen, the employer must provide them or pay for the costs. The same applies to machines, tools, business documents and typical work clothing, cars used for work, laptops, work phones, etc. The courts see little scope for exceptions.
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