My employer impose fines on my wages and when and under what conditions

 

Many of us have asked whether my employer is legally imposing fines on my wages and when and under what conditions I am responsible for damages I have inflicted on my employer. There are two types of liability known in labor law - full and limited - this right will concern me with the limited. Its essence is that I am responsible for the damage I have inflicted on my employer only at a certain amount and not on its full size.

 

When am I responding in a limited way?

I am liable under the rules of limited liability in the presence of the following elements:

 

I do not fulfill my obligation to carefully preserve the property entrusted to me by my employer or with whom I am in touch with the performance of my assigned job.

I have been harming my employer, which has to be in relation to the job, that is, in general, it has been done during my working hours. The damage can occur in two ways:

reducing or damaging the property of my employer - for example, if I have broken a cup while serving as a waitress or inadvertently I hit the car if I am a driver.

generating obligations for my employer - for example, when he is fined for non-compliance with hygiene requirements at the site for which I am in fact responsible.

I have done the damage without asking, that is, my actions were not directly aimed at harming my employer, for example, where the damage is due to negligence, inattention, oversight, distraction, etc. If there is any intention on my part, that is to say, when it is clear from my actions that I want to harm my employer, I am liable under the rules of full property liability.

When these prerequisites are not met, but I have, however, done my employer's detriment, I am liable under the rules of full property liability.

 

It is important to know that limited financial liability is only intended to compensate for the damage my employer has suffered as a result of my behavior. That is why this responsibility is independent of the other types of legal liability I have - for example, if I am a driver and I make a casual accident involving a victim, except for the harm I have caused to my employer who owns the vehicle, for an offense under the Penal Code.

 

When do not I answer?

 

I am not responsible for the damage resulting from normal business-economic risk.

 

It has the following elements:

 

risk - the very risk of damaging the interests of my employer

business-economic - this is an activity for the creation and exchange of goods, services and material goods - these activities are not related to theoretical research (for example BAS)

the normality of the risk - it must accompany the activity and be a normal part of the conditions for its realization.

The production risk in this case means that, as a worker, I do not participate in the damage, it is the result of the activity itself and derives from it. Such risks are, for example, the sap from the physical, chemical and other processes leading to evaporation, drying, etc.

 

How is limited financial liability and what is my protection as a worker?

 

Limited financial liability is imposed by an order of my employer, which determines the amount of liability (in cash). This order must be handed to me, and from that moment on, a one-month deadline runs, in which I can challenge it in writing.

 

If I do not contest the order or the dispute does not result, then it is a reason for me to be deducted from the wage. More on deductions, as well as their maximum amount, I can see in "When my employer can make deductions from my salary."

 

Important! If I challenge the order to impose limited financial liability, the only way my employer can collect my claim from me is the court. In other words, my employer can not in any way impose on me a limited liability liability, which I disagree with.

 

It is important to know that there is an unlawful practice for employers to punish workers for work delays that have not caused any harm to them. What I have already learned from the above, in order to be responsible for me as a worker, must be harmed for my employer.