Legal Advice on Withholding Lunch Money

Questioner

My employment contract does not mention anything about helping to pay for lunch. I want this compensation to no longer be withheld. I did not know this and this has been happening for almost four years. Is the employer obliged to pay this money back? Partly because I brought my own lunch in those four years. And therefore only sponsored the lunch pot.

Lawyer

If the lunch money has been deducted from the wages, the following applies: The employer may not simply offset money against the wages. Article 7:632 BW stipulates that: Except at the end of the employment contract, the employer may only offset his debt in respect of the wages to be paid against the following claims on the employee: a. the compensation owed by the employee to the employer; b. the fines owed by the employee to the employer in accordance with Article 7:650 of the Dutch Civil Code, provided that the employer issues written proof stating the amount of each fine as well as the time and reason why it was imposed, stating the provision of a written agreement that has been violated; c. advances on wages provided by the employer to the employee in cash, provided that this is evident in writing; d. the amount of the excess payment on wages; e. the rental price of a home or other space, a piece of land or of tools, machines and equipment used by the employee in his own business and which have been rented to the employee by the employer by written agreement. Withholding lunch money is not included here and the employer is therefore not allowed to withhold it. There is also nothing about it in the employment contract. What if the employer nevertheless agrees with the employee that withholding, outside the legal possibilities, is permitted? Then this provision is null and void. The limitation period is six months. So if an employer has wrongly withheld wages, the employee must reclaim this within six months after the withholding.

Questioner

Thank you for your message, if I understand correctly I can only reclaim 6 months of the four years?

Lawyer

Within 6 months after the deduction you must claim this amount. This can therefore simply be done over the entire period of 4 years. If you want me to assist you with this claim, you can contact me without obligation.