Introduction
In the experience of the complaints section of the Directorate of
Labour it occurs that employers impose certain fines (fine stipulation)
on their employees for violations of certain rules that apply within
the enterprise. These fines are subtracted from the wages.
This folder
will explain what a fine stipulation is and what the conditions
are for using it within a labour relation.
What
is a fine stipulation?
A fine stipulation is an agreement between two parties, employer
and employee, wherein certain rules are agreed upon, which will
lead to a fine if they are violated. These fines will be subtracted
from the wages.
What are the conditions for imposing a fine?
Based on article 1613s of the Civil Code (BWNA) of the Netherlands
Antilles fines can only be imposed if the following conditions are
met:
• The
imposition of fines is only legal when it is embodied in writing
in the labour agreement, a regulation as meant in article 1613i
of the Civil Code or in a Collective Labour Agreement (CLA). A REGULATION
as meant in article 1613i of the Civil Code is only valid if a copy
of this regulation has been registered with the court clerk of the
court in first instance and the employee has received a copy of
the regulation.
• The rules concerning fines should be clear. Also the labour
agreement or the regulation should state clearly the level of the
fines in guilders or, if wages are stated in another currency (e.g.
US$) in that other currency.
• Verbal fine stipulations or unilaterally imposed fine stipulations
are null and void.
• The maximum fine per infringement amounts to one day's wages.
Besides the total of fines per week may not exceed the wage for
one day. (for a five day workweek this is maximally 20 percent of
the weekly wage).
• The fines deducted may not benefit the employer (directly
nor indirectly), but should be deposited in some kind of charity
for example.
• Article 1613t of the Civil Code also stipulates that if
an employer has suffered damages by the transgression of a rule
the employer cannot impose a fine and also claim compensation for
the same damage.
• Agreements that are incompatible with the above mentioned
regulations are void.
Employers who
impose fines (or have imposed fines in the past) contrary to the
rules mentioned before, should compensate the employees for the
amounts involved. Since this concerns wages withheld unjustly, a
delay interest as intended in article 1614q of the Civil Code of
50 percent at the most is applicable.
If the employer
refuses to pay back fines unjustly withheld, the employee can lodge
a complaint at the Directorate of Labour
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