Summer may be more than half over, but it is never too late to make proper arrangements with employees regarding the use of the company car. The ideal instrument for this is the car policy. It lays down agreements regarding the use of the company car and the mutual rights and obligations of employer and employee.
In many of the cases, the company car does not serve merely to perform the work, but the employee may also use it for private purposes, e.g., to go on vacation.
Liability or accident abroad?
An accident on vacation or damage to the car during the employee’s private use? It is important to establish the liability and associated costs in your car policy in advance;
Clause regarding additional options to the company car
Following the vacation season, your employee may wish to make some modifications to his company vehicle such as installing a tow bar. Is this allowed?
Or has your employee previously chosen a company car that exceeds the predetermined budget? What if he resigns a short time later? Who pays for the (additional) costs?
Lay out the rules on this in advance so there are no surprises.
Refueling or loading abroad
Suppose your employee is allowed to take the company car on vacation. Is he then also allowed to refuel or load abroad at the company’s expense?
Who gets to drive?
To get to the site faster, your employee may choose to change drivers regularly. But is this allowed just like that? You can set limits in the car policy and clearly indicate who is allowed to drive the car.
Track & trace
Is your employee going on vacation in the company car equipped with a track & trace system? In principle, you may only consult the tracking data under strict conditions. To avoid as many discussions as possible, we recommend providing clear agreements, either in the (e-)car policy itself or in a separate track & trace policy.
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In the meantime, hybrid and electric company cars have also found their way into (legal) traffic. Such types of cars require a specific (e-)car policy, equipped with a number of special clauses. The e-car policies provide the answer to specific questions such as: who bears the cost of the home charging point? Can the charging card be used to charge abroad? Can the employee use so-called “fast charging,” even if it is much more expensive than charging at home? What about the charging infrastructure if the employee resigns? Etc.
It is crucial to provide a clear car policy, which provides the ground rules between the employer and employee regarding the use of the company car. After all, the inclusion – or omission – of certain clauses can have far-reaching (legal) consequences.
Do you wish to update your current policy or have an entirely new (e-)car policy drawn up? Our social law specialists will be happy to help you.
