My employer has a habit of making deductions from our salaries for things not part of our contracts. For example, when an employee needs money in an emergency the employer forces us to contribute and this is deducted from our salaries whether we want to contribute or not. Is this legal?

The Employment Act at section 19 deals with deductions from wages and outlines the deductions an employer may make from the employee’s salary.

The following are listed as the deductions that may be made: - contribution to the provident fund, deductions to pay for any wilful damage caused or loss occasioned to the employers property, any shortage amount arising through the negligence or dishonesty of the employee whose contract allows the employer to entrust her with money.

Legal deductions

Others are, any amount in respect of wages where the employee absents herself without leave, any amount paid to the employee in excess of salary due to her, any amount the deduction of which is authorised by written law, court order or an arbitration award, any amount which the employee has requested the employer to deduct, loan deductions and any other amount the minister may describe. Looking at the wordings of the said section, the deductions being made by your employer are not only illegal but are also not provided for.

It would appear your employer wants to run what looks like a staff welfare fund, however, instead of contributing the money, staff is forced to contribute.

Staff welfare

As employees, you could come up with a committee to deal with staff welfare.

As for employers, section 25 provides that whoever contravenes its provisions and makes unlawful deductions commits an offence and on conviction is liable to a fine not exceeding Sh100,000 or to imprisonment of a term not exceeding two years or both. The employer will also be required to repay remuneration wrongfully withheld or deducted from the employees salary.

Employees can report wrongful deduction of salary to the labour officer, not later than three years after the alleged unlawful deduction.

As employees, you should discuss the matter with your employer and agree on how to handle staff emergencies.

Should the employer continue with the deductions without your consent, you can take the matter with your trade union or better still with the labour officer.

Employees should know their rights and obligations to challenge oppressive actions by the employer, which though is intended to benefit the employer, is not done in a legally.

CLARIS OGANGAH