Assistance with Wage Withholding and Identity Documents


Questioner

My employer is a temp agency. A year ago when I started working here I had my ID scanned and then signed the contract. A few months later I was told that my salary can no longer be paid because my ID card has expired, and they now need a valid ID card because they are going to another payroll company, but are they allowed to withhold my salary and provide my data to third parties? Thank you very much for your answer.

Lawyer

You must always be able to show your personal data as valid proof of identity. A payroll administrator may have to pay more if you do not send in your identity card. I do think that withholding wages is a severe sanction. It is true that they must have some kind of identity card so that you can receive your salary.

Lawyer

At the start of the employment contract, you must provide a copy of a valid ID. After that, you no longer need to do so. According to the Supreme Court, an expired ID remains sufficient to (be able to) prove your identity. If you get another (formal) employer, then they can (again) demand a valid ID. Based on the WID you must have it anyway and be able to show it (if required). Under the WID, the employer may withhold considerably more tax if you are required to submit a copy of your ID and do not do so. This was protested and litigated against at the time, but the case was lost at the Supreme Court.

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