Resturant Employee: Compulsory wage deduction for food, Is this legal?

[maevis1]

Good Afternoon all,

I am hoping someone might be able to help with the following.

A friend of mine currently works in a restaurant. She is a full time employee and has worked there for three years. She is currently paid hourly. For lunch she has the option of taking, say a sandwich, hot drink, soup or similar, free of charge as part of her lunch. This act is not in writing but has always been casual policy.

Due to be implemented soon is a compulsory charge (or deduction) made each pay period for food consumed. The issue in disagreement is that not everyone currently takes their from work. Some bring in a lunch from home, others go out and buy their own lunch. However this charge is to be deducted regardless.

My question is are her employers allowed to make such a deduction or implement such a policy?

All replies welcome,

Regards

 

[ClubMan]

Re: Wage Help

Does she have any form of written contract of employment and/or job description? An employer cannot make deductions from salary (other than tax/PRSI and for certain court ordered payments such as family maintenance) without the consent of the employee. It certainly does not seem fair or acceptable that the employer would make such a deduction across the board even for employees who do not avail of food from the place of employment. For general advice on employment rights see and DETE.

 

[Unregistered]

I would very much doubt if this was allowable. The employer is essentially deciding what the employee should do with his/her money. As the Gama sitauion has highlighted, this isn't right.

A quick call to the Employment Rights section of the Department of Enterprise and Employment should sort this one out.

 

[ClubMan]

There is not doubt that it is not allowed. As I said above deductions (other than statutory deductions) can only be made from employees' wages with their consent. The employer cannot unilaterally decide to make deductions.