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Many Workers Still Believe They Should Pay for Broken Items or Damaged Equipment at Work, but Labor Law Is Clear and Protects the Employee in Almost All Cases
Many workers believe that if they cause any accidental damage in the workplace, the company has the right to deduct the loss from their salary. This practice, however, is illegal in most cases and can only occur in very specific situations.
Companies from various sectors still adopt the so-called “if you break it, you pay for it” policy, charging employees for the cost of cups, machines, tools, or even expensive equipment damaged during work hours. There have been extreme cases where the employer attempts to deduct amounts related to repairing air conditioning units or replacing missing items in the workplace.
When Is Deduction Allowed
According to labor regulations, the deduction is only valid when the damage is caused intentionally — that is, by the employee’s deliberate will. Examples include situations where the worker, driven by anger or impulse, purposely destroys company property. In these cases, the employer has the right to withhold the corresponding amount directly from the salary.
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Another situation where deductions may occur is when there is written express authorization from the worker, together with a provision for this possibility in the employment contract. This means that if the employee agrees in advance to such a clause and signs the document, the company may legitimately make the deduction.
When Is Charging Illegal
On the other hand, if the damage results from accidents, carelessness, or mere operational errors, the company cannot deduct the corresponding amount from the employee’s pay. In these cases, the employer must bear the loss, even if the equipment or item is of high value.
Charging the employee for damages that were not intentional constitutes an abusive practice and can be challenged in Labor Court. The employee who feels wronged has the right to seek legal advice or contact their union.
In summary, the rule is clear: the worker’s responsibility only exists when there is intent or when they formally and consciously authorize the deduction. Knowing these rights is essential to avoid abuses and ensure that the infamous “if you break it, you pay” does not become an injustice in the professional environment.
Legal Verification Note
The information in this article has been checked and confirmed based on Article 462 of the Consolidation of Labor Laws (CLT), which states:
“It is prohibited for the employer to make any deductions from the employee’s wages, except when this results from advances, provisions of law, or collective agreements.”
§1 – “In the event of damage caused by the employee, the deduction will be lawful provided that this possibility has been agreed upon or in the case of the employee’s intent.”
The understanding is reiterated by the Superior Labor Court (TST), which determines that deductions are not allowed in cases of slight fault, accidents, or carelessness, only in situations of proven intent or express authorization.
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