We have masses of very affordable templates available for contracts of employment, all policies and procedures plus hundreds of letters for use when managing staff. In order to do this, you will need to include an express clause in their contract of employment giving you the right to do so, and make it clear that you will only seek to recoup the losses that you incurred as a result of the employee leaving without giving their due notice.
The trouble with this is that many employers come unstuck quantifying their losses as this is often difficult to do in practice and however much you are upset, angry, irritated or frustrated by your employee, you cannot include your emotional distress or stress resulting from their hasty departure!
There have been some recent media reports regarding some companies who have imposed fines on staff for not turning up for work without giving sufficient notice, or in the case of self employed workers for not finding a substitute. Perhaps a better, easier solution is to reward those with low absence and ensure that you have a very tightly worded short term absence management policy which uses The Bradford Factor or similar to closely manage absences.
If you need any support introducing a short term absence policy or a reward scheme or otherwise managing a specific absence issue please do contact one of the team at Jaluch no contract required! If you have individuals that drive on Company business, either using their own vehicles or Company vehicles, then we strongly recommend that you have a comprehensive Driving Policy which includes full details of who is responsible for the payment of fines such as speeding fines or parking fines.
The consequences of not spelling this out can be protracted and frustrating grievances about who is responsible or even tribunal claims seeking redress for monies deducted from pay unlawfully in the eyes of the employee. As with so many of the policies in your staff handbook, setting out who is responsible for what can save hours of management time as well as avoiding demotivation of employees that often results from a perception that their colleagues are being treated unfairly. Whilst we have heard of some instances of this happening, this is generally done without a contractual right to do so and would therefore be regarded as an unlawful deduction of wages if the employee took their complaint to the Employment Tribunal Claim.
However, holding employees accountable for their actions through the threat of government fines appeals to Stephen Wilson, corporate director of safety, health and environmental affairs at Dayton, OH-based Flowserve Corp. It sends a message. Upper management and supervisors need to set a tone that safety is the most important thing and never second to getting the job done, Schneider said. In addition, fining an employee for safety violations could work against the need to identify root causes of an incident, he said.
Generally, a deeper reason may exist as to why an employee is not complying with safety rules, and that reason often is related to pressure from supervisors or a foreman to complete a job quickly, Schneider said. Bob Barnetson agreed. An Edmonton, Alberta-based associate professor of labor relations at Athabasca University, Barnetson said pressure from employers is what leads to workers committing unsafe acts.
Officials in both Ontario and Nova Scotia believe administrative penalties may be having a positive effect. Since implementing the penalty system in , Nova Scotia has seen a 5 percent decrease in injury rates each year, MacEachern said. However, she stressed that education and partnership activities also played a role. Also worth noting is that the share of citations handed out to employees in Nova Scotia is extremely small. Supervisors made up 2 percent of the penalty cases, while the remaining 95 percent of penalties were issued to employers.
Can an employer deduct wages for mistakes? If an employee does make mistakes that are of significant detriment to the company, it should get approached through a typical disciplinary process. This is where the actions of the employee can be properly assessed and monitored. Deductions should only usually occur in retail environments when there has been a shortfall in till calculations. There may be situations where employers can ask employees to make contributory payments towards repairs for any tangible damage, such as covering the cost of insurance excess.
Employers should bear in mind this would only be acceptable if such an expectation was clearly highlighted in the contract of employment. Any cost incurred by the employee would have to relate to their action.
If the employee willingly caused a situation that resulted in property damage or injury, the employer can seek to bring criminal charges against them. Want more advice? Need more help regarding charging employees for mistakes? Get in touch with us today on Employers can only make a deduction in specific situations and they must follow your employment contract terms. Find out when employers can make deductions and what protection you have.
Your wages are slightly different to your pay. Wages are the amount you are paid by your employer in connection to your job. Pay is the basic amount you should be paid for example your monthly or hourly pay rate. Your wages could include:.
You are protected against your employer making deductions from either your pay or wages. If your employer makes a deduction from something that does not count as your pay or wage for example from your redundancy payment you are not protected.
However you may be able to make a claim for breach of contract if you are entitled to the payment under your employment contract. Before making any deductions, your employer must tell you in writing the full amount you owe and make a demand for the payment.
This must also be in writing. A deduction must not reduce your pay below the National Minimum Wage rate except a limited amount for accommodation. This applies even if you have given your permission for it. If you were overpaid in error, instead of making a deduction, your employer may try to recover the overpayment by making an application for a court order. For more information about how and when you might be able to prevent your employer from taking back an overpayment, you should speak to one of the following:.
If you have agreed in writing to a deduction then you must do this before your employer wishes to make the deduction.
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