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Remuneration Offset

Viimati uuendatud: 14.02.2017


The employer may offset their financial claims from the employee’s remuneration at the employee’s consent. The employer may not unilaterally withhold amounts from the employee’s remuneration. Remuneration offset requires employee’s consent. For instance, employee has caused damage to the employer and the employee is entitled for remuneration. The employer can deduct damage from remuneration only if the employee has given their consent. If an agreement is not reached, the employer may turn to a labour dispute committee or court.

Employee’s offset consent must be in a written and reproducible form (e.g. forwarded by email or fax) or in writing (e.g. signed in person or digitally).

Offset consent cannot be given in advance. When concluding the employment contract, the parties cannot agree that the employer is entitled to offset their claims from employee’s remuneration. Employee’s consent is required in each individual case. Consent for offset cannot be given before the offset claims have emerged.

Consent may only be given in advance for offsetting the amount which exceeds the agreed cost limit. For instance, when concluding the employment contract, the employer and employee may agree on a monthly gas limit. If this is exceeded, the surplus shall be offset from the employee’s remuneration.

Advance payments made to the employee and holiday pay that the employee has unduly received are exceptions to the aforementioned and can be offset from remuneration without the employee’s consent. For instance, employee’s consent is not required if, at the end of the employment relationship, it is found that the employee has used vacation in advance. In this case, the employer can offset the excess amount from the employee’s terminal wage.

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