Deductions From Wages

Deductions From Wages

 

Under Soviet labor law, deductions from the wages of industrial and nonindustrial workers are not permitted unless stipulated by law.

The deductions from wages provided for by law are subdivided into three main groups, depending on the party eventually receiving the money withheld. The first group comprises deductions for direct obligations to the state. Included here are income taxes and the taxes levied on unmarried individuals and individuals having small families, money withheld by court order from individuals serving sentences of correctional labor, and fines imposed by courts and administrative bodies. The second group comprises deductions to meet a worker’s financial obligations to other citizens or organizations. Included here are deductions based on writs of execution, deductions to pay for goods obtained on credit, and deductions for personal insurance. The third group covers deductions to meet any financial obligations a worker has to his place of employment. Obligations of this type arise when a worker is given an advance, at his own request, on his wages or when he receives an advance for a business trip or transfer. Workers can also incur obligations when receiving advances for other management needs, but here the worker must agree to the grounds and amount of the deductions. Other obligations arise when a worker receives an overpayment through clerical error or is held responsible for loss or damage at the workplace.

In general, the total amount of deductions may not exceed 20 percent of wages; in special cases, such as the collection of alimony to support three or more children, the figure can reach 50 percent. If deductions are being made on the basis of several writs of execution, the worker in any case keeps 50 percent of earnings. (These restrictions do not apply to deductions from the wages of individuals serving sentences of correctional labor.) Deductions are not permitted in the case of severance pay, compensation payments, and certain other types of payments.

References in periodicals archive ?
The Supreme Court heard convincing evidence that many workers didn't bother to bring claims for unlawful deductions from wages such as being underpaid holiday because the cost of bringing them often exceeded the amount in dispute.
The third obstacle concerns some courts' mistaken belief that employers can keep employees' wages without violating Labor Law section 193's bar against unauthorized deductions from wages.
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Employers and employees currently have "voluntary" arrangements for trade union subscription deductions from wages.
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He added: "Withholding payment, illegal deductions from wages and no proper breaks are all regular occurrences.
It is legal to make deductions from wages when the employee has voluntarily signed an authorization for the deduction, the deduction is for the employee's benefit and the deduction is recorded in the employer's books.
Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA) (Revised July 2009)
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This could take the form of employment tribunal proceedings for unlawful deductions from wages or proceedings in the county court for damages for breach of contract.