Deduct minus hours from the salary?

Minus hours with an existing working time account

• The Federal Labor Court and several state labor courts had to deal with the question of whether a The employer may reduce the employee's wages if he does not work the contractually agreed number of hours Has.
• According to the uniform law, such offsetting is only permitted if you are due contractual provisions keep a working time account and the employee his number of hours at his own discretion can determine. In this case, your wage payment is regarded as an advance payment that can be offset against the work performed.
• Unless there is a collective agreement for your industry with detailed rules on how to operate one Includes working time accounts and the treatment of overtime and minus hours, so make sure that in each
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  employment contract to make appropriate agreements.
• On the other hand, should you, due to the weak order situation or for other reasons for which you are responsible, the If employees have offered less work than contractually stipulated, you cannot give them the minus hours later from the salary pull off. Because if the employee offers you his work properly, but you do not accept, the courts see a case of default in acceptance, which the employee cannot compensate Committed.

Deduct absence from salary - only if you leave the company

• If you are entitled to withhold the minus hours from your salary, you can only offset it as soon as the employee leaves the company. You can then deduct the corresponding shortfall from your last salary. Because as long as the employee remains employed, he must be able to take the opportunity to balance his account by working overtime.


Labor law for minus hours - you have to pay attention to this

Have you worked less than you should have worked, the question arises, ...

• If, on the other hand, your employee has accumulated a credit in the working time account when he leaves, you must pay them out in any case.

Note that you may have to present and prove in a later litigation that the loss of work did not occur Your fault can be traced back to you, but the employee has not performed the owed service with free time management Has.