You make a mistake at work. A product breaks, damage occurs or your employer says: “We are going to recover this from you.”
Many young people are shocked and think that they are obligated to pay. That is usually not the case.
In this blog we clearly explain when you are liable, when you are not, and what you can do if your employer demands money from you.
Main rule: employee is usually not liable
👉 The basic rule is simple:
as an employee you are in principle not liable for damage that you incur during your work. This also applies to:
young people
students
part-timers
temporary workers
side jobs
Doing work means taking risks - and those risks normally lie with the employer.
When can a employee is liable?
That is only in exceptional situations, namely:
1. Intention
You consciously cause damage.
For example: destroying something on purpose.
2. Conscious recklessness
You know that something is dangerous, but you do it anyway, even though you understand the consequences.
👉 Please note: this is assessed very strictly.
A simple mistake, clumsiness or moment of stress is not conscious recklessness.
Common mistakes that do not result in liability
It is often the case with young people to:
drop something
misjudge
receive too few instructions
work under time pressure
inexperience
👉 These are normal work mistakes.
Your employer should not let you do this pay.
“But you are responsible,” says the employer
We often hear that. But:
responsibility ≠ liability
managing ≠ paying yourself
making a mistake ≠ compensating for damage
An employer may not simply:
deduct damage from your salary
require that you pays
That is unlawful in many cases.
Withholding damages from your wages: is that allowed?
👉 In principle: no.
An employer is not allowed to simply:
withhold money
send an invoice
wage reduce
Certainly not without:
your consent
a clear legal basis
And consent “under pressure” is often invalid.
What about temporary workers?
Also if temporary worker applies:
you are an employee
the same protection rules apply
The employment agency or the hirer cannot simply claim the damage from you
What if you have to sign something?
Some employers let young people:
sign statements
sign IOUs
agree” via WhatsApp
👉 Be very careful here.
Don't sign anything without knowing what the consequences are.
What should you do if your employer demands money?
mayIt often turns out that:
the employer does not have a leg to stand on
deductions are unlawful
you are protected
Common mistakes made by young people
pay immediately out of fear
think that mistakes are always at your own risk are
accept salary deductions
sign statements without advice
do not have anything checked
That can unnecessarily cost you a lot of money.
Are you unsure whether you have to pay for an error?
Are you:
student
part-timer
temporary worker
young person with a part-time job
and does your employer demand that you reimburse damage?
Then leave it alone check. It often turns out that:
you are not liable
wage deduction is not allowed
the employer goes too far
👉 Feel free to contact us to have your situation assessed.