When can an employer dock one&#39;s pay in the UK? I'm not sure if it matters whether the employer is a private individual or a company and whether the parameters are then different, but assume that the employee is not doing a very good job, snoozing on the job, taking personal phone calls, late into work, etc. When does an employer become entitled to dock an employee's salary?
The relevant legislation is the Employment Act 1996, but in plainer language ACAS describe that they can make deductions for the following reasons: the employee's contract specifically allows the deduction it was agreed in writing beforehand they overpaid the employee by mistake it’s required by law, for example Income Tax or a court order the employee missed work because you were on strike or taking industrial action The first two provide pretty wide latitude into what they can make deductions for so long as it's in the contract/a written agreement The employer can't make deductions that would result in your wage dropping below minimum wage except in the following circumstances: tax or National Insurance something the employee has done which their contract says they’re liable for, such as damage to a vehicle through reckless driving repayment of a loan or advance wages an overpayment made to the employee made by mistake buying shares, other securities or share options in the business accommodation provided to the employee – find out more about accommodation deductions on GOV.UK something the employee uses – for example union subscriptions or pension contributions I'm not sure if it matters whether the employer is a private individual or a company Nope - for these purposes an employer is an employer To look at your specific examples: but assume that the employee is not doing a very good job No.. incompetence can get you sacked or fired - but it can't get your wages docked. At least not unless there was some performance-related-pay element to your wages already in the contract. But that would be difficult, it would have to be quantifiable. There's a reason why such structures typically have a base salary with performance-related elements paid as bonuses, because it's easier to simply not pay extra if thresholds aren't met than it is to deduct from a base wage. snoozing on the job Again not unless that was specified in advance - and that would be an oddly specific thing to include. Most likely they'd just get fired, in the majority of employment scenarios taking unauthorized sleeps on the job is going into Gross Negligence territory if there's a pattern. taking personal phone calls Taking personal calls is something that's more likely to be covered by a contract or company policy - but again it's more likely to lead to disciplinary action or sacking than wages being docked. You'd have to get into measuring how much time was lost in order to dock the appropriate amount etc. late into work You'd think this would be a slam dunk - you're late and therefore not meeting your contractual obligations. But in reality the same requirements as above apply - there needs to be explicit agreement in advance of the deduction in either your contract or other written consent for an employer to dock wages. It's probably more common than the other examples for such a provision to exist, but it still needs to be there.
Summary If they didn't steal your withholding, it depends a great deal. But if your employer stole your withholding, the IRS will sue them on your behalf. You will absolutely have grounds to sue them, and because tax law is so cut and dried in these situations, in that case, you will almost certainly win. You need to contact the IRS immediately and advise them what your employer has done. This is more important than anything else because until you do, you can't be sure the IRS will figure out what happened (they might. They're really good at tax stuff). If your employer didn't advise you that you are now responsible for paying your own quarterly estimated income taxes, the IRS will almost certainly grant you relief from penalties for failure to file timely and they could potentially abate interest as well, depending on the circumstances. They are especially likely to grant penalty and possibly interest abatement if you've never filed 1099 before. If your employer withheld tax from your pay that they then failed to turn over to the IRS, good news for you - bad news for them. The IRS takes no mercy whatsoever on employers who steal tax withholding from employees. Advising the IRS that this may have been the case is all you should need to do - the IRS can check its own records, your employer's records, etc. They will let you know once they've determined whether your money is where it's supposed to be; if anything is out of order, rest assured they will already be pursuing the case against your employer. In this case, the IRS will waive all penalties and interest that may have been assessed as a consequence of your employer's failure to turn over your withholding. If you are currently unable to pay, that's not the end of the world. Make the IRS aware of your current financial circumstances and your inability to pay due to unemployment. They have installment agreements you can request, or if that won't work, they can temporarily suspend collection action while you get things straightened out. There's a bunch of paperwork they'll ask for, and penalties and interest will continue to accrue, but as long as you let them know the situation, they will apply a dramatically reduced rate to reflect your efforts to comply.
If an offer is accepted, you have a contract Oral contracts are binding for most transactions. See What is a contract and what is required for them to be valid? However, from the circumstances, it’s not clear that there was an offer subject to acceptance. Had the wages been agreed? The hours of work? The annual leave? The sick leave? If these were undetermined then there is no contract.
Does an employer have to provide drinking water to their employees? Yes they do; consult the Welfare at Work publication by the HSE. It is also stated in the Health and Safety at Work Act 1974 schedule 3 s10. Can you simply leave if your workplace's water supply stopped working? Not necessarily, I would consider factors such as time the workplace has been without water, whether the employer was prompt in fixing the issue, how impactful to work the lack of water was, was free water accessible in a nearby area etc. These are things that would support your case if you wanted to take your employer to court. Though it doesn't say you wouldn't be allowed to leave work, I'm not sure if the pure fact that the water supply has stopped working would be enough to justify you simply leaving the premises.
What §670 BGB basically says is that the default is that companies have to reimburse you for expenses that you incurred for interviewing with them. If they don't want to reimburse you, they have to tell you so in writing before you incur any costs. That way it's your decision if you still want to go if you have to pay for expenses yourself. It does not mean your expenses have to be paid, it means you should know beforehand whether they will be paid. So what I take from your story is that you never actually asked the company for reimbursement, expecting the Agentur für Arbeit to pay that for you. Well, no company is going to pay your expenses if you don't ask for it. And that's not a crime. You also never told the Agentur für Arbeit that you were not informed beforehand that your expenses would not be paid. They asked for proof, you delivered proof. It's not their job to find out how or when you got handed this written statement and if that constitutes a violation of §670. And as a little reality check: paying your expenses (probably something along the lines of a cab fare or bus ticket?) is way more cost effective for the AA than suing a small company for the same amount. Just the time of the lawyer filing the suit will probably cost more than your public transportation ticket for the next year.
There is no legislation in Germany that explicitly states how long you have to wait in such a situation. First let's look what happened: According to your work contract, you are obligated to be available for work and follow the directions of your employer. Let's not go into nuances of the latter duty, because they depend on what type of work you are doing. Your employer is obligated to pay you if you fulfill your duties. What happened is called Annahmeverzug (default of acceptance) in German civil law (§ 615 BGB): Kommt der Dienstberechtigte mit der Annahme der Dienste in Verzug, so kann der Verpflichtete für die infolge des Verzugs nicht geleisteten Dienste die vereinbarte Vergütung verlangen, ohne zur Nachleistung verpflichtet zu sein. Er muss sich jedoch den Wert desjenigen anrechnen lassen, was er infolge des Unterbleibens der Dienstleistung erspart oder durch anderweitige Verwendung seiner Dienste erwirbt oder zu erwerben böswillig unterlässt. … English translation: If the person entitled to services is in default in accepting the services, then the party owing the services may demand the agreed remuneration for the services not rendered as the result of the default without being obliged to provide cure. However, he must allow to be credited against him what he saves as a result of not performing the services or acquires or wilfully fails to acquire through use of his employment elsewhere. … If your employer doesn't enable you to work, they have to pay you for your time. You don't have to make up that time. If you save money by not working or had the opportunity to earn money by other means1 during that time, this can be deducted from your pay. Now, the question is how you fulfill your duty of being available for work. This depends on the specifics and really can only be answered by a lawyer or court (and IANAL). You do not need to endure hardships but have to accept reasonable inconveniences. Thus, you can leave if waiting becomes more than an inconvenience (usually that will be caused by weather or by bodily functions). If you leave, you should still be available for work unless that becomes unreasonable, e.g., because you could use that time to earn money by other means. 1 Usually, it can be safely assumed that you don't have that opportunity. However, a daytaler might easily have that opportunity.
Can an employer charge employee/contractor a processing fee for payment? No. The matter depends on whether the person qualifies as employee for purposes of the British Columbia Employment Standards Act. Your description suggests that you meet criterion (b) of the definition of employee insofar as you are (i.e., if you are) "a person an employer allows, directly or indirectly, to perform work normally performed by an employee". See section 1(1) of the Act. Section 21(1) prohibits an employer to "directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages for any purpose", and item (2) prohibits the employer to "require an employee to pay any of the employer's business costs except as permitted by the regulations". There is no indication that the alleged business cost of e-transfers would be one such exception. do I have any recourse for such a small amount of money that isn't worth starting a law suit over? You have the option to file a complaint in "an office of the Employment Standards Branch". See sections 74 et seq for further details. You are not specifying the amount of the e-transfer that is being deducted from your compensation. The smaller the amount(s) at issue, the more important it will be for your complaint to persuasively explain how it is not "frivolous, vexatious or trivial". See section 76(c). Directing the employer's attention to the aforementioned statutory prohibition prior to filing a complaint tends to disprove allegations of vexation. That is because you are giving the employer an opportunity to mend its conduct and avert the proceedings that otherwise would take place. That being said, a very occasional cost of few cents is very likely to lead to a conclusion of vexation or bad faith regardless of your preliminary steps. In most other contexts, though, it is in your best interest to stay aware of the obligations that are being presented/proposed to you so that your actions do not constitute an acceptance of terms &amp; conditions you would rather reject. Not all contracts come in the form of a written document signed by the parties.
They have exactly zero legal grounds to withhold your last paycheck. From Code of Virginia 40.1: All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month, except that (i) a student who is currently enrolled in a work-study program or its equivalent administered by any secondary school, institution of higher education or trade school, and (ii) employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500, upon agreement by each affected employee, may be paid once each month if the institution or employer so chooses. Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated. The Virginia Department of Labor and Industry unfortunately does not take claims if there is a written contract and recommends you pursue the matter in court. You may want to consult with a local labor attorney to get an idea of where to go from here, even if you plan to file in small claims court. Virginia extortion law doesn't appear to apply to withholding stolen property, but their claim that release of the last paycheck is consideration for signing the NDA may be some other civil wrong, like conversion. I do not know whether you could recover damages above the wage owed for that.