deductions from wages

Keeks

can a company make decutions fom you're wages in the form of fines for breaches of company policy?

A friend poped the question at me recently and I'm kinda curious at what the answer is

Our man in Havana

Originally posted by Keeks
can a company make decutions fom you're wages in the form of fines for breaches of company policy?

A friend poped the question at me recently and I'm kinda curious at what the answer is

Only if it is agreed in writing in a contract for example. Otherwise, no as it is an unlawful deductions. PAYE and PRSI are the only compulsory deductions, anything else must be by agreement.

Victor

Some companies have a policy of deducting till shortages etc. from wages (counter productive) built into contracts. Similarly provision of certain services can be charged (uniform cleaning, meals, specialist training, etc.), but again dependant on contract.

If you mate was making unauthorised personal calls to say Australia (an abuse), then potentially yes the company can recover.

Does you mate have a pay slip and an explanation of the deductions?

Keeks

It doesn't apply to either me or my friend. Its just he heard of a company enforcing this policy of fining employess for breaking safty rules of the company.

Like you're just said, I thought a company couldn't make any dedutions from you're wages unless you agreed to it. I also believe like you stated victor that a company can make recouperations from say making personal long distance calls. But I tought that fines ppl was not allowed. I'll try and find out a little more of how the company implements it policy.

Victor

Originally posted by Keeks
Its just he heard of a company enforcing this policy of fining employess for breaking safty rules of the company.

From a HR point of view this is the wrong way to go about things. You should pay a bonus for those people how have a safe record, not penalise those without a safe record. Dublin Bus have a very strong anti-accident ethos, with drivers getting awards for every five years of accident free driving. However, with say a company with a fleet of vehicles, it might be reasonable to penalise people for speeding etc. using GPS technology (courier and transport companies get around their responsibilities on this by using subcontractors).

Originally posted by Keeks
Like you're just said, I thought a company couldn't make any dedutions from you're wages unless you agreed to it.

There would probably be grounds for making a complaint against unfair conditions in this particular case as the criteria for a safety breech might not be objective. It really depends on the type of company

Originally posted by Keeks
Like you're just said, I thought a company couldn't make any dedutions from you're wages unless you agreed to it. I also believe like you stated victor that a company can make recouperations from say making personal long distance calls. But I tought that fines ppl was not allowed.

Technically, only a judge can fine or penalise someone. However, you can get around that by using fixed fees and liquidated damages.

Fergal C

I'm not a solicitor, but my understanding is that only a court of law can take your property, without your agreement. Obviously your agreement could be in the form of a contract.

If someone owed me 10K and refused to pay it. I could still be done for theft if I visited their premises and took 5K without their permission.

Your wages are your property even if they have not been physically handed / paid to you. Any company making deductions from your wages without your express agreement would be on dangerous legal ground.

Tom Dunne

I work for a squeeky-clean, large American multi-national, with sound HR policies.

When we are signing agreements that involve money (e.g. college fees, international travel, etc.) they stipulate that if any monies are owed back to them, then the employee will pay on time. If, and only if, after much haggling, the employee does not repay whatever is owed to the company, it then has the authorisation to deduct what's owed from employee wages.

We sign a written agreement to this, they don't just take it. So I would think that taking money from an employee without prior agreement is borderline illegal.

shoegirl

Your employer can only make deductions apart from statutory ones by agreement.

If it is written into his contract then the company can make deductions. Commission and bonus payments may also be conditional upon meeting certain conditions - for example if you work on a building site a bonus may be witheld if you ignore safety procedures. But they should not take it out of your pay unless you've signed a contract agreeing for it to be deducted if you ignore safety procedures.

I'm wondering if the company are actually trying to get their employees to pay their fines for noncompliance with safety law for them? I would hazard a guess that this is a building company, right?