Tope 15 Descuento Legal

In addition to specifying what can be deducted from remuneration, the law expressly states © which© deductions from remuneration are prohibited. The prohibited deductions from remuneration are as follows: He adds that there is a second type of discounts, which are those specific reductions, which are fixed, among other things, quotas for the acquisition of housing, amounts for savings accounts, amounts for education and even mutual interest-free payments from the employer with a limit of 30% of the monthly salary. In the light of the foregoing, it concludes that deductions from remuneration which may result from excessive or unjustified payments to employees must be made in advance with them and in no case at the will of the employer, and that such deductions must be included and classified as payments of any kind, which may not exceed 15% of the worker`s total remuneration. The Directorate of Labour requested a decision on the legality of the unilateral withholding of earnings based on an overpayment allegedly paid by the employer and included in the payment of remuneration as “overdrawn from the previous month”. The law protects the remuneration of the employee by establishing a limited catalogue of concepts that can be deduced by the employer (article 58 of the Labour Code), as well as establishing the necessary conditions for such deductions. These are the discounts that must be granted on the employee`s remuneration. The employer is required by law to grant these discounts: it is common for the employer to make deductions from remuneration, but it is not always clear whether these reductions are legal or not. In addition, payslips are difficult to understand or simply not given to the employee, it is worth asking the question: What© things can be deducted from salary or remuneration? Third, it recalls that the law provides for rebates “with the consent of the employer and the worker, which must be recorded in writing”, which may consist of certain amounts or percentages representing “payments of any kind”, which may not exceed 15% of the total remuneration; Finally, as a final clause, deductions from earnings may in no case exceed 45% of the worker`s total salary. The law states that the employer may make the following deductions from the employee`s remuneration without being obliged to do so: Decision on the declaration of liquidation of bankruptcy. This violation can also©lead to self-dismissal. To find out what self-dismissal is, read our article about it: What is self-dismissal©© or indirect dismissal and how does it work?. These deductions must be regarded as payments of any kind, which may not exceed 15% of the worker`s total remuneration. YES.

Whatever the basis of the deductions made by the employer from the remuneration or the origin of the loans©granted, they may in no case©exceed a total of 45% of the total gross remuneration of the employee. It may be reported to the labour inspectorate, which obliges the employer to immediately return to the employee the amounts wrongly deducted and to impose the corresponding fine. Accordingly, it instructed the Santiago Norte Municipal Supervisory Authority to carry out the relevant inspection, to give effect to its powers of control and to take the measures resulting from the facts established. These concepts are divided into three groups: mandatory discounts, authorized discounts, and prohibited discounts. According to this regulation, the employer is always obliged to deduct from remuneration taxes, social security contributions, trade union dues and employees` obligations towards charitable organizations and public institutions. Is it possible for the employer to change my premises? Can you change my schedule? Can you assign me other tasks? These are all questions […] In this context, the Autorité recalls that Article 58 of the Labour Code regulates the deductions that the employer may make from the employee`s remuneration. As the holidays approach ± the corner, many workers wonder who should work during a non-existent vacation and who©can rest. Here we explain what inalienable holidays are and what© exceptions the law provides.