Can my employer withhold my salary if I have made mistakes?
February 27, 2024 | 30,00 EUR | answered by Sofia Vöss
Dear Employment Law Attorney,
I am reaching out to you as I recently got into a conflict with my employer. My name is Lorenzo Schmidt and I work as an office clerk in a medium-sized company. A few weeks ago, I made a mistake that led to a financial loss for the company. My employer then informed me that he wants to withhold my salary to compensate for the damage caused.
This situation is causing me great concern as I rely on my salary to make ends meet. I understand that there must be consequences for my mistake, but I am unsure if it is legal for my employer to withhold my salary.
I would like to know from you if my employer indeed has the right to withhold my salary if I have made a mistake. If this is not legal, what options do I have to defend myself? Are there any legal regulations that can protect me in this situation?
I appreciate your support in advance and look forward to your response.
Sincerely,
Lorenzo Schmidt
Dear Mr. Schmidt,
Thank you for your inquiry and the trust you have placed in me. I am sorry to hear that you are in a difficult situation with your employer. I would like to help you with your issue and provide you with some important information regarding salary withholding due to an error.
It is important to know that an employer cannot simply withhold an employee's salary, even to compensate for damages caused by an employee's mistake. The salary is generally protected, and the employer can only cut or withhold it under certain conditions and legally regulated cases.
In your case, it would be important to check if there is a corresponding contractual arrangement between you and your employer that allows for the withholding of salary in such cases. If such a provision does not exist, it is legally questionable for your employer to withhold your salary without your consent.
You have different options to fight against an unlawful withholding of salary. First, you should try to have a conversation with your employer and try to reach an agreement. If this is not successful, you can turn to an employee representation, such as the works council, or seek legal advice.
There are also legal regulations that protect employees in such cases. For example, the German Civil Code (BGB) regulates the agreement of salary in § 611 and prohibits offsetting with salary in § 12. Furthermore, labor law stipulates that salary garnishments are only permissible in certain legally regulated cases.
I strongly recommend seeking legal advice to protect your rights in this situation and find a solution that is acceptable for both parties. Please do not hesitate to contact me if you have any further questions or need assistance.
Best regards,
Sofia Vöss
Employment Lawyer
