16.10.2024
OFFICIAL DUTIES WITH A PERSONAL VEHICLE - WHERE IS THE LEGAL LIMIT
In Bulgaria, where workers face various challenges in their professional life, the question of the boundary of rights and freedoms of the worker becomes essential.
One of the key aspects to be discussed is the possibility of refusing to provide the private car for official purposes. Do we have the right to refuse to provide our personal car for business purposes?
According to the legislation in Bulgaria, there is no express legal requirement that obliges the employee to provide his personal car for the needs of the employer. However, it is the duty of the worker to carry out the lawful orders of the employer. In this context, the question of the boundary between the rights of the worker and the legal requirements of the employer arises.
Sometimes there is an abuse of the interpretation of the duty of the worker to carry out the orders of the employer. Some employers, in pursuit of their business goals, issue orders that are inconsistent with legal regulations or overly burdensome on the worker.
There are scenarios where an employee can and should exercise their right to refuse to provide their personal vehicle for business purposes. This may include situations where:
- The employer's requirements are not in line with the legal framework. For example, if an engineer works for a construction company that carries out projects in different regions of the country and the employer decides that for a certain project he should provide his personal car to transport construction materials and the team to the workplace and issues an order that the personal car be used. This case represents a violation of the legal framework, as the Bulgarian labor legislation clearly states that the employer must provide the necessary means and equipment for the performance of work duties. The requirement to provide a personal car without adequate compensation is inconsistent with this legal obligation and violates the worker's rights;
- Providing the car represents a serious violation of the personal safety and life of the worker or employee. For example, a nurse in a microbiology laboratory whose employer asks her to use her personal car to transport patient samples for analysis in outside laboratories. However, this process involves the handling of infectious substances and requires special transport conditions that the worker's personal car does not provide. In this case, the provision of a personal car represents a serious violation of the worker's personal safety. She does not have the necessary means to safely transport infectious samples and this may lead to a risk to her health and the health of others;
- There is insufficient compensation or compensation for the use of the private car. An example of this case could be a scenario where the worker or employee is required to perform long and dangerous journeys without adequate compensation and without clear legal frameworks for such cases.
These examples illustrate how the employer's requirements that are not in accordance with the legal framework or pose a risk to the worker's personal safety can be considered unlawful and how the worker has the right to refuse to fulfill them in accordance with the rights and legal requirements.
The refusal of the worker or employee to provide his personal car is justified within the law. This refusal cannot be considered as a violation of the duty of the worker or employee, especially if it is also accompanied by ethical or reasons related to his safety.
The worker's freedom to manage his property and protect his rights is recognized and supported by the legal system and society as a whole. Such an approach helps create a healthy and respectful work environment where both workers and employers can function in harmony.
It is our personal right to refuse to make available our personal car for official purposes, because there is no legally established similar obligation for the worker or employee. The same applies to the use of our other personal assets for business purposes, such as telephone, computer, stationery, etc.
Reference:
Art. 66 of the Labor Code
Art. 126 of the Labor Code
Art. 127 of the Labor Code
