One of your employees has got into financial trouble. What are you supposed to do as an employer? Because if an employee still has not paid their debts after a process of reminders, demands, summons and a court ruling, the creditor may, through a bailiff, turn to the employer to impose a wage garnishment.
A creditor may use a wage garnishment to collect an outstanding debt. Usually a bailiff is engaged for this purpose. As an employer you must carry out a wage garnishment. But please note: only if a bailiff can serve a court ruling. Government agencies (including the Tax and Customs Administration, the Education Executive Agency, the Central Fine Collection Agency and the Healthcare Insurance Board) do not need a court ruling, but they must have issued a writ of execution to the employee.
The employer is obliged to provide the information the bailiff or the collection officer requires. The wage garnishment is accompanied by a detailed questionnaire, which must be returned within 4 weeks. If you fail to do this, or if you provide incorrect information, you may be summoned yourself. In case of a refusal to cooperate with a wage garnishment the employer may be held liable for the claim on the employee.
The employer is obliged to pay part of the wage to the bailiff. The protected earnings level calculated by the bailiff is taken into account. The protected earnings level is the minimum amount the employee must be paid for their daily costs of living. The protected earnings level will depend on the employee’s personal situation (age and civil status). To determine the protected earnings level the bailiff will request the data from the employee themselves.
Besides the above obligations, it may be even more important to talk to your employee. You will want to know what their problems are, where you can help and where you may be able to prevent trouble. More often than not there are private problems. Or they may suffer from a disease, an addiction or something else that might affect their performance. A good talk may clear the air and turn out to be a starting point for tackling the underlying problems.
Wage garnishment usually is not a reason for dismissal. For that, the garnishment should seriously affect the employee’s performance. Or there must be other issues that hinder their performance.
Furthermore the employer has the option to engage a Nibud coach for the employee. In addition there are several agencies the employee may turn to for assistance, such as the municipality, the money-lending and debt counselling institution, social workers, Nibud, various volunteer organisations and debt assistance.
A wage garnishment must be executed until the bailiff has confirmed in writing that it may be terminated. If the employee leaves the employment, the bailiff will have to be notified. If an employee had left the employment and is hired again, the wage garnishment will no longer be valid and a new garnishment will have to be effected.
Does this article raise any more questions? Please contact us on +31 (0) 20 820 15 60, or send an e-mail to [email protected].
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