employer not paying wage

[Batista230]

Hi there
if an employer dose not pay wage because of damage caused by the employee then is this unlawfull?
what grounds can an employer with hold wage?

If they and not allows to do so then would non payment of wages count as a breach of contract?

Thanks
batista230

[ULA]

Re: employer not paying wage

Hi [MENTION=64020]Batista230[/MENTION]. All deductions must be disclosed by the employer before they are made. An employer can make deductions from wages if an employee has explicitly consented in writing to the deductions being made or they have a policy or statement in the contract of employment that defines certain circumstances were they can make deductions e.g. damage to company property, recovery of an advanced expense etc.

I would suggest that you firstly check your contract of employment to see if there is a clause in that document which covers deduction from wages or alternatively ask your manager/HR department to provide a copy of your contract or policy where this is detailed.

[Batista230]

Re: employer not paying wage

There was no contract of employment!
so do they have the right to make deductions or as it is with hold money?

[ULA]

Re: employer not paying wage

As previously stated they do not have a right to make deductions from wages unless disclosed by the employer before they are made and you have agreed to them. However if there is a clause in your contract of employment or there is a reference to situations where they will deduct from salary i.e. damage to company property then they are entitled to do so, however it would be good policy to advise you in advance of the reason and the amount to be deducted.

Therefore as suggested you need to ask your manager/HR department for a copy of your contract to check whether there is a Deduction From Wages clause or whether it is contained within a specific policy for which they need to provide you a copy.

[Batista230]

Re: employer not paying wage

As I said there was no written contract so I guess this is an unlawfully deduction then.

Can you claim compensation for a breach of contract?

[ULA]

Re: employer not paying wage

However as I have said you also need to check any other policies that the company has which may deal with deductions from wages and in what circumstances this will apply e.g. damage to company property.

How long have you been at your company as you should have a contract of employment so in any case you should ask for one.

If there is no policy covering such a deduction or clause in a contract that you should get on request, then I suggest you ask them why they have made the deduction without your written consent. If they cannot provide a response that proves they had a right to make the deduction then ask that in the first instance they agree to repay you the sum deducted.