IS IT PERMISSIBLE TO MAKE UNFAIR DEDUCTIONS FROM AN EMPLOYEE'S SALARY?

In Türkiye, the relationship between employees and employers is regulated by the Labor Law No. 4857. An employee's salary is one of their most fundamental rights, representing the value of their work, and any deductions from their salary are subject to limitations within the framework of this law. Employees are protected against arbitrary employer practices regarding salary deductions, and specific procedures are stipulated in this regard.

1. Deductions for Justifiable Reasons:
According to Article 25 of the Labor Law, if the employer terminates the employment contract for justifiable reasons, deductions may be made from the employee's salary in certain situations. These situations are as follows:

– Employee Fault: Damages caused to the employer by an employee due to intentional or gross negligence at the workplace may be deducted from the employee's salary. However, this deduction is only possible if it is proven that the damage resulted from the employee's fault. Furthermore, in such deductions, the amount should be proportionate to the extent of the damage, and the employee's financial situation should be taken into consideration.

– Disciplinary Penalties: Salary deductions may be made from an employee's wages in accordance with disciplinary regulations or collective bargaining agreements in place at the workplace. However, these deductions must not exceed the limits specified in the law. For example, deductions exceeding a certain percentage of the monthly salary may be considered unlawful.

2. Unjustified Deductions and the Need for a Court Order:
It is illegal for an employer to deduct from an employee's salary without their consent or without a justifiable reason. In cases of unjustified salary deductions, the employee can pursue the following avenues:

– Application to the Labor Court: An employee can apply to the labor court to recover an unfair deduction made by the employer and claim compensation. If the labor court determines that the employer made an unfair deduction, it may order the employer to repay the deducted amount.

– Notice and Severance Pay Rights: If unfair deductions put the employee in a difficult situation, the employee can terminate the employment contract for just cause and demand notice and severance pay.

In particular, deductions from an employee's salary for legal receivables such as compensation, tax debts, and alimony may require a court order. In these cases, the employer must obtain a court decision to make deductions. Deductions made without a court order are considered illegal.

3. Deduction with the Employee's Consent:
In some cases, an employee may consent to a deduction from their salary. For example, an employee may agree to have a deduction from their salary for damages they have caused to the workplace. However, this consent must be given entirely of the employee's free will and without any coercion. Otherwise, this deduction may be considered unlawful.

4. Limitations on Deduction Amounts
The Labor Law also imposes limitations on the amount of deductions that can be made from an employee's salary. Deductions cannot be made in a way that jeopardizes the employee's minimum living standard. Furthermore, deducting more than a certain percentage of the salary is considered against the law.

In conclusion
, the Labor Law stipulates specific legal procedures to protect workers' wages and prevent arbitrary deductions. In particular, requiring a court order to prevent employers from acting arbitrarily when making deductions from workers' wages is a crucial safeguard. Therefore, employers must act in accordance with the law and obtain permission from the court for deductions when necessary. Workers can also pursue legal action against unfair deductions to protect their rights. Such disputes between workers and employers should be resolved in accordance with the fundamental principles of the Labor Law.

Intern Law Faculty Student

Mert Emir Balci