How much can my employer claim from me for damage?
At most four times your average earnings — if you caused the damage negligently. Under § 179 of the Labour Code, an employee is liable for damage caused by a culpable breach of duty in performing work tasks. But the law sets a cap: for damage caused by negligence, the compensation may not exceed a sum equal to four times the employee's average earnings before the breach of duty. The cap does not always apply, though. It does not cover special liability, an agreement on material liability, or damage caused while drunk, under the influence of narcotics, or intentionally. And the burden of proof lies on the employer.
📋 The rules
- Governed by § 179 of the Labour Code
- For negligence: at most four times earnings
- Calculated on earnings before the breach
- The cap does not apply to intent or drunkenness
- Nor to an agreement on material liability
🔓 Exceptions
- The cap does not cover special or joint material liability
- Nor damage caused under the influence of narcotics
- The employer must prove the damage, the fault and the causal link
⚠️ Penalties & fines
The employer must prove everything — and that is your strongest defence. It is not enough that damage occurred. The employer must establish the damage, the unlawfulness of your conduct, your fault, and the causal link between them. If even one link is missing, the claim fails. The four-times cap on average earnings applies to negligence — that is, an ordinary mistake. It does not apply where you caused the damage intentionally, while drunk or under the influence of narcotics, nor under an agreement on material liability — in those cases you can bear the full amount. Before you sign anything, check whether it is an agreement on material liability.
📎 Official sources
❓ Frequently asked
How much can they claim from me?
For damage caused by negligence, at most a sum equal to four times your average earnings before the breach of duty by which you caused the damage. The law permits no more than that.
When does the cap not apply?
Where the damage was caused intentionally, while drunk or under the influence of narcotics, and equally under special or joint material liability. In those cases you can bear the full amount.
What must the employer prove?
Not merely that damage occurred, but also the unlawfulness of your conduct, your fault, and the causal link between the conduct and the damage. Fail on any one of these and the claim does not stand.
What is an agreement on material liability?
A separate agreement by which you assume liability for entrusted values. The four-times cap does not apply to it, so read carefully what you are signing before you sign it.
Can they deduct it from my pay?
Deductions from wages are permitted only in cases the law defines, and generally by agreement. Unilaterally docking disputed damage from your pay is not automatically lawful — take it to the labour inspectorate.
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