Withholding cash difference from wages? Discover your rights!

Questioner

Situation: Catering business with 1 cash register. 20+ part-timers +/- 4 full-timers Problem: As indicated in the situation there is only 1 cash register available. It is used by everyone and they do not have their own drawers like in a supermarket. If there is a cash difference, this will be deducted by the employer from the employees' wages. The employer cannot prove that it was done on purpose, but indicates that there is a system that indicates to the nearest cent how much should be returned. So basically the employer is saying that no mistakes can be made. I read on various websites that an employer is not allowed to do this, but it is done anyway. Can the employer retain the cash difference from the employee without proof that it was done intentionally?

Lawyer

No, that risk lies with the employer.

Questioner

Thanks for your response. See the employer's response below. The article states that it was discussed extensively with the employees. This is just not the case. It is only reported and nothing more. Can the employees do anything about this? The law stipulates that an employer can only claim the employee's wages in a number of cases. employee may deduct money (in your case cash differences). In principle, a cash difference is indeed an entrepreneurial risk. You have done your homework on this performed. However, cash differences no longer fall within my risk sphere if there is of intent, recklessness or after a measure on the cash differences has been extensively discussed with you have been discussed. Each of you is familiar with the cash register system. If all steps are followed as intended, carefully it is almost impossible for me (the entrepreneur) to go through a daily cash difference. The system is even designed to provide you with complete relieve any form of mental arithmetic. When you enter, you know to the cent what is there must be returned to a guest. It could hardly be easier. From the From the above data one can conclude three things, namely cash differences are then caused by reckless handling of the money in the cash drawer or one does not have the capabilities and is not suitable for cash register work or there is internal crime (or intent). Under which of the mentioned conclusions do you want to classify the cash differences? I don't want to classify it under any of them, because I want to maintain the trust in all of you. That is why I have taken a measure thought up. A measure in which everyone takes responsibility, including me as entrepreneur. This measure has also been communicated to all of you immediately upon its introduction and discussed with you in detail during the last meeting.

Lawyer

Yes, the employer may not do this. What he says is not correct: an employer can only impose a fine if this has been agreed in writing with the employee if the cash register procedure has not been followed correctly. In this case, this is not the case. Write to the employer, if necessary with the help of a lawyer, that he is acting in conflict with the law. If necessary, I will be happy to help you with this.