Salary deductions represent a very sensitive subject for employees, as they often do not know what is the legal percentages that can be deducted from the salary, and especially if it should be deducted from the gross or the net salary?
Over the time, we have encountered various salary deductions situations. All wage deductions, whether they are wage garnishment (one or more) or forced execution, alimony, warranty agreement or other deductions according to internal regulations, they all have to be justified and consistent with the legislation in force.
What salary can be deducted the net or gross one?
Deductions, regardless of their nature, are taken out of the net salary, which is the salary that remains after payment of contributions, known as the salary “in hand”, although now it should be changed to the salary “in the account”, because most wages are paid through bank accounts.
Are there any incomes that cannot be deducted?
Yes, there are. There are situations expressly regulated by the law in which the incomes cannot be deducted, and those are:
- Aid for bereavement or deceased family members;
- Maternity benefits;
- Allowances received by mothers for children and child care for sick children – hence, pregnant women on maternity leave, or on child-rearing leave, cannot have deductions on their income;
- State allowances and scholarships;
- Per diem allowances while on business travel or detachment.
How many kinds of deductions are there?
We have the following categories of salary deductions:
1) Deductions for minor children care / maintenance;
2) Outstanding amounts to the state budget, local budget, social security budget, from taxes, contributions, and other amounts due and not paid on time, based on the enforceable title;
3) Outstanding amounts arising through non-payment of credit agreements, based on the enforceable title;
4) Deductions according to the Labor Law as a penalty following a disciplinary investigation which it turned out to be a misdemeanour;
5) Deduction from monthly net wages as security deposits in case of administrators, based on warranty contracts.
In what order are deductions taken?
If an employee has more than one deduction on the salary at the same time, the order of the retention is imposed as per below:
- First priority is taken by deduction for child care / maintenance;
- Second priority is for taxes, contributions, and other amounts due and not paid on time to the state;
- Third priority is given to judicial execution of non-payment of various credit agreements;
What is the maximum amount that can be deducted from salary?
Deductions for child maintenance are based on the number of children, as below:
a) Up to 1/4 of the net monthly salary for one child;
b) 1/3 of the monthly net salary for two children;
c) Half of the monthly net salary for three or more children;
d) 25% of the net monthly salary if no amount is mentioned in the court decision.
For situations where there is only one deduction per wage, the retention for this is within the limit of 1/3 of the net salary.
Upon the termination of a employee who has deductions on his salary, the employer is obliged to notify the legal entity about the termination of the employment relationship with the employee and the company and that starting from the following month after the employee ceased, he will no longer honor the deductions.
The employer who terminated the contract does not have the responsibility of informing the next employer about salary deductions, this is a responsibility taken by the legal entities which will search for the employee in question in ANAF’s data base whether he / she has an income and then sends the new employer’s address to start deduction.
Deductions according to the Labor Law as a sanction following a disciplinary investigation in which it turned out to be a misdemeanour, can be:
a) reduction of basic salary for 1 to 3 months by 5-10%;
b) reduction of the basic salary and / or, as the case may be, of the management indemnity for a period of 1 to 3 months by 5-10%;
In cases where administrators are involved, they must constitute a security deposit, in cash, equal to at least one salary and a maximum of 3 salaries. This guarantee is either filed once by the administrator or is constituted by monthly retentions of 1/10 from his salary. The security deposit is returned at the end of the contract if the employee proves that closing balances / inventory tally, or when the employee change the job with one that does not have inventory. In situations where there are more deductions on the same salary, the maximum amount that can be deducted is half of the net salary.
Gabriela is a HR expert with more than 10 years experience