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I want to withhold my employees pay, is this legal?

#yourquestionsanswered Whether it was because you don't think they were genuinely working during their shift or they pranged the work vehicle, proceed with caution if you are planning on deducting from your employee's wage.

Is deducting from my employee's pay legal?

Only if this is a legal requirement (like tax) or your employee has agreed to this deduction.

What if I do it without their agreement?

Even if they have caused damage, or slacked off deducting without their agreement could be unlawful, affect the employment relationship, and result in a personal grievance being raised.

Why is this?

Employees' wages are protected under the Wage Protection Act. Paying employees correctly and on time is a fundamental responsibility of employers. This includes paying employees on or before the pay day stated in the employment agreement. The pay day must be at least once a month and the pay must include all wages, salaries, and any other amounts that the employee is entitled to.

Why is this important?

Not only is this a legal requirement, but it is also a key aspect of maintaining a positive and productive work environment.

Late or missed payments can cause stress and financial hardship for employees, which can negatively impact their work performance and morale. By paying employees on time, employers demonstrate their commitment to their well-being and show that they value their contributions to the organization.

So what should I do to ensure that I am acting lawfully?

Ensure you have specific agreement for any deductions above what you are legally required to deduct, have a robust payroll system and communicate with your employees if anything will change. In addition, if they have queries, act reasonably and respond in a timely manner.


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