Can my employer reduce my salary if I have made mistakes?
November 8, 2022 | 30,00 EUR | answered by Bernhard Vollmann
Dear Employment Lawyer,
I am reaching out to you as I find myself in an uncertain situation regarding my employment and urgently require your expertise in this area. My name is Gerald Rothammer and I have been working as a clerk in a medium-sized company for three years.
Recently, I made a mistake in the calculation of customer orders. My supervisor then took me aside and informed me that my salary for this month will be reduced by 20% to offset the damage caused.
This measure has left me feeling very uncertain and I am now wondering if my employer even has the right to reduce my salary without my consent if I make a mistake. Can he simply do that or are there legal regulations that protect me from this?
Furthermore, I am worried that this could be just the beginning and that my employer may make further reductions in the future if I make more mistakes. Are there ways to protect myself and uphold my rights as an employee?
I would greatly appreciate your assessment of my situation and ask for advice on how best to handle this matter. Thank you in advance for your help.
Sincerely,
Gerald Rothammer
Dear Mr. Rothammer,
Thank you for your inquiry and your trust in my expertise in labor law. It is understandable that you are concerned in this uncertain situation regarding your employment and need clarity on your rights as an employee.
First and foremost, it is important to mention that your employer cannot simply reduce your wages without your consent, even if you have made a mistake. This means that he cannot unilaterally decide to reduce your wages to compensate for any damage caused. There are legal regulations that protect employees from such measures.
According to § 611 of the German Civil Code (Bürgerliches Gesetzbuch), the employer is obligated to pay the agreed upon wages to the employee, regardless of whether the employee has made a mistake or not. Therefore, a unilateral reduction of wages without your consent is not lawful. However, your employer may try to recover the damage incurred from you through other means, such as claims for damages.
If your employer intends to make further deductions in the future, you should first contact him and initiate a conversation. Explain to him that a unilateral reduction of your wages is not lawful and that you wish to uphold your rights as an employee. In case of further issues or uncertainties, you can reach out to me or to a labor court to receive legal support and assert your claims.
It is important that you are aware of your rights as an employee and defend them. I hope that my assessment is helpful to you and I am available for further questions or consultation.
Sincerely,
Bernhard Vollmann
