A few guests have left without paying or the till is short. Your employer is angry and demands that you pay the bill out of your own pocket, or he withholds your tips. Is this actually allowed?
Evidence
Your employer can never just withhold your wages or tips. Not even if you may have made a mistake that caused damage to the employer. Your employer is initially responsible for running the business. There are risks associated with this, the business risks.
An employer cannot simply Card on their business risks to the employees. If the employer suffers damage due to a mistake or action by the employee, the employer can only recover the damage from the employee(s) if they can prove that there was intent or deliberate recklessness. This regulation is included in the law.
Intent, deliberate recklessness or the circumstances of the case
To prove intent, it must be shown that there was a premeditated plan to cause damage. For deliberate recklessness, it must be demonstrated that you were immediately aware of your reckless behaviour before acting. This also involves knowing that your actions could lead to damage, but you accept the consequences and do not adjust your behaviour. Finally, based on the circumstances of the case, it can be determined that you as an employee are still responsible for the damage and will have to compensate it.
Do not sign anything!
If a situation arises where the employer still wants to recover damage from you, we advise you not to agree to this immediately or sign anything for it. It is important to formally object in writing to any withholding of wages or tips. It is best to contact one of our lawyers from the Information and Advice Centre in advance.
