Questions about employment law? Get free advice!

Questioner

i have a question I am a truck driver and my case is that I had two damages in one week and now my boss wants to keep the hours I worked, so 200 hours, can he just do that??????????

Lawyer

No, in principle that is not allowed. Damage caused by an employee may not be recovered from him by the employer (and therefore not offset against leave) unless there is intent or conscious recklessness. This can only be deviated from by agreement (but only if the employee is insured for this). Below is the relevant article of law. Article 7:661 of the Civil Code 1. The employee who, in the performance of the agreement, causes damage to the employer or to a third party to whom the employer is obliged to compensate for such damage, shall not be liable to the employer in this respect, unless the damage is a consequence of his intent or deliberate recklessness. The circumstances of the case, taking into account the nature of the agreement, may result in something other than that stated in the previous sentence. 2. Deviation from paragraph 1 and from Article 170 paragraph 3 of Book 6 to the detriment of the employee is only possible by written agreement and only to the extent that the employee is insured in this regard. Labor law is my specialty and I am happy to help you with this. Please feel free to contact me without obligation