In which cases the employer may suspend part of the monthly salary


Eligible deductions from wages in the presence or absence of consent by the worker

 
For many, the salary is not only essential but also the only source of livelihood. The ability to easily check for the existence of an employment relationship, and predictable cycles of the acquisition of such income, make it the preferred site enforcement obligations of the employee.
 
Outstanding are two main hypotheses tied to whether or not explicit consent of the employee. On his own he can give up his entire salary, but if not agreed explicitly deductions can not be made, unless otherwise provided for cases and in limited sizes.
 
Opportunities for deduction from wages are exhaustively listed in the law, and the only way to get to non-payment of any amount in cases where not relate to maintenance obligations. In these cases the amount awarded for maintenance shall be deducted in full and deductions for other obligations of the convict and maintenance obligations for past made on the remainder of his total income.
 According to the Labor Code (LC) the total amount of deductions may not violate inaccessible income, namely:
If the execution is directed on salary or on other any remuneration for work and on a pension, the amount of which is above the minimum wage can be deducted only:
 1. If the sentenced person gets to 300 lev per month-a quarter part, if no children, and a fifth, if child who endured it;
 
 2. If the convicted person receives 300 to 600 lev per month, one-third, if no children, and a quarter if children who endured it;
 
 3. if the convicted person receives from 600 to 1,200 lev per month-a second part, if no children, and a third if children who endured it;
 
 4. If the convicted person receives over 1,200 lev-month surplus over 600 lev, if no children, and the excess over 800 lev, if with children who endured it.
 The minimum resources that must still be paid to the worker, not remain without possibility of survival are placed according to receive net salary and the number of minors that he endured. Deductions for liabilities under other government levies are not eligible. The employer can also deduct given during the month advances. They can be stopped and money to cover the obligations arising from the payment of remuneration unduly due to a technical error. Even if there is such, however, no deduction can be made if the employee has received the money, knowing that his due - as a Christmas bonus, for example. The last two hypotheses incorporate imposed by a bailiff seizure and implementation of limited financial liability under Art. 210, para. 4 LC. In the second case it noted that it is not permissible to stop money from wages as punishment for violations of labor discipline.
 
 
The way to avoid all these constraints is to obtain explicit consent of the employee to perform certain deductions. This could be done by written declaration or application to the employer. It could be incorporated desire salary or a certain part of it to be paid to another - banks, lessors, lenders, relatives and others. Such deductions are fully eligible regardless of size, as long as you comply with the terms of the agreement relating to a period, size, destination and so on. These conditions must first be listed in the output of employee consent. The costs of translation of amounts, if any, were made at the expense of wages. There is also the possibility the employee to provide consent to withhold funds that exceeded certain limits on expenses such as calls for work phone. In the same hypothesis falls and payment of dues to the union.
 
The only possibility to overcome the prohibition is explicit consent of the employee. On his own he could not give up even their entire salary.
 
Here the question arises to what extent the bank - creditor can collect their obligations in this way. In practice, an employee sent a letter to the employer of the debtor, which he shall be informed of the signed loan agreement and incorporated in it consent to deductions as well as it seeks to translate part of the remuneration payable to the debtor to a specified bank account. The law, however, absent any legal obligation the employer to comply with the letter received from the bank. The choice is left entirely to their discretion. The Bank has no legal means to force him to comply with her wishes, but the worker can not protest given by dog.
 


«Back
 

In which cases the employer may suspend part of the monthly salary In which cases the employer may suspend part of the monthly salary