Sometimes an employer may have claims against an employee, especially when the employee causes damage to the company or to equipment loaned by the employer such as a company car or business computer.
Under certain conditions, the employer may withhold a portion of the employee's salary to repay these claims. The purpose of such a deduction is only to secure the employer's claims arising from the employment relationship, to the exclusion of other claims of the employer against the employee.
Such a salary deduction must not exceed a certain amount per month, so that the employee can continue to provide for his basic needs.
Advance on salary
When an employee is in need, the employer must, under certain conditions, grant him or her an advance on his or her salary. This advance may constitute a significant portion of the employee's salary. Is the reimbursement of this advance on salary subject to the same limits as the salary deduction?
If the salary advance exceeds the amount owed by the employer, it is a loan and not a salary advance. The employer has a claim against the employee to repay the loan. Can the employer withhold a portion of the employee's salary? What are the limits that the employer must respect?
Laptop, smartphone, company car: companies sometimes lend expensive equipment to the employee so that he can perform his or her work. An accident, a loss or a theft can lead to important economic damages. The employer can, depending on the circumstances, withhold part of the employee's salary.