Q. I work as a bus driver for a certain company, which provided shirts with the company’s emblem as a uniform? When I leave the company, can I keep the shirts?
A: In a case that the employer did not stipulate anything when granting clothing, Ketzos (331:2) cites the Rosh, who differentiates whether the worker left early – in which case he must return them -- or upon completing his employment term – in which case he can keep them. However, Minchas Pittim (331:3) writes that other Rishonim argue, and allow the employer to demand the clothing back even if the worker completed his term.
Nonetheless, several Acharonim write that regarding a uniform, which is intended for use only during work, clearly the owner can demand it back when the worker ceases employment (Shevet Halevi 4:220; Pis’chei Choshen 7:9[23]).
Like other aspects of employment, though, if there is a common commercial practice regarding returning clothing, books, programs or other professional materials, we follow the minhag hamedinah (C.M. 332:2).
