As an employer, you may be able to offset a claim against your employee’s salary under certain circumstances. However, it is crucial to note that if offsetting occurs without legal ground, you could face liability for damages to the employee.
Although the general rule is that employers are not allowed to offset claims against an employee’s salary, there are some exceptions that you should be aware of. Offsetting can be done with the employee’s consent, or it can occur without consent if the employer has a clear and due claim arising from the employment, such as an advance payment or compensation for intentional damage caused by the employee.
If offsetting occurs without consent, the employer must comply with the rules regarding the maximum amount of offsetting and obtain specific information from the Enforcement Authority.
To summarize, offsetting can occur in certain circumstances. If the employee has not provided their consent, the claim must be clear and due, and it should be supported by a specific agreement or relate to compensation for intentional damage caused by the employee within the scope of their employment. Additionally, the employer must ensure that the offsetting amount is not excessive and that it obtains information from the Enforcement Authority.
If you have any questions regarding an employer’s right to offset, please contact our employment law expert, Nathalie Andersson, at nathalie.andersson@rdlaw.se or on +46 (0) 708 884 917.
