The New Civil Code (“NCC”) fundamentally changes the regulation of deductions from wages. It seeks to unify and simplify them. This makes employment law more accessible.
The New Civil Code (“NCC”) fundamentally changes the regulation of deductions from wages. It seeks to unify and simplify them. This makes employment law more accessible.
What are deductions from wages for?
The NPL distinguishes between two types of institutes – securing the debt and consolidating the debt. Securing the debt significantly helps its better enforceability – if the debtor fails to pay, the creditor can recover elsewhere, e.g. from the guarantor or the mortgaged property. Securing the debt, on the other hand, does not make the debt itself more enforceable, it just puts more pressure on the debtor to perform (e.g. in the form of a contractual penalty). Wage garnishments stand somewhere in between. If the debtor does not pay, the creditor can turn to the debtor’s paymaster (most often the employer), who then sends a portion of the debtor’s income directly to the creditor by deducting it from the debtor’s wages. However, the debtor must of course have some income.
The agreement on deductions from wages or other income is regulated in the provisions of Sections 2045 to 2047 of the CCC. In addition to this “central” regulation, the Labour Code (“LC”) has been amended so that all agreements on deductions from wages will be concluded under the LC. the “central” regulation will thus also apply in the alternative to employment relationships. This is, after all, the principle on which the relationship between the NLW and the LC is based.
So what specific changes can we expect?
It will now also be possible to make deductions from remuneration from a work performance agreement.
However, a major innovation is the restriction that deductions are made in an amount not exceeding half of the relevant income. This limitation is only relevant if the attachable part of the income determined under the CCA would exceed half of the relevant income (such limitation does not apply to enforcement deductions, of course).
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
But what is essential? If the deductions are not made to satisfy the right of the debtor’s own employer directly, the agreement requires the prior consent of the debtor’s employer. This means that the employer cannot be forced into such an agreement and use its administration to conveniently pay off the debt. There is, however, a technical debate as to what ‘prior approval’ means, since there is apparently no reason to invalidate an agreement if the employer only approves it when it is presented to him as a fait accompli.
Dostupný advokát team of online lawyers will solve it for you.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
I am giving both the website and service provided my very highest rating. Dostupný advokát found a hidden risk in my contract for the transfer of an apartment, which would have cost me tons of money.
In 2016 our Homeowner Association faced an unexpected event which led to the need for legal help. We reviewed many professional legal services, and chose Dostupný advokát because they remain available for contact practically anytime, without charging extra for being outside work hours. In addition, Mr. Preuss is available to speak with by phone, email (zobrazit více) and Skype, and he never fails to be respectable and discrete. We can confidently confirm the excellent quality of his service, loyalty and availability online.
Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality (zobrazit více) Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!
