Does Your Boss Deduct Salary Without Your Consent? HR Advices

By Florence Mukunya,

Winnie Kerubo’s employer has been deducting her salary for the last 6 months without giving her reasons for the deduction.

“Since December last year my boss has been deducting 2k from my salary and he has not given me the reasons for this deduction, I am confused and I do not know how to approach the issue for fear that I might lose my job,” says Winnie.

Winnie is not the only employee in this dilemma. Mark Mutua says his boss has been deducting his salary for NHIF but when he went to check on the update of his account, he was suprised to find out that nothing had been paid.

“I was very shocked to find that my NHIF has never been paid and my boss has been deducting my salary every month for NHIF, my dilemma is how to approach my boss for explanations on where the deduction go,” Mr. Mutua says.

Many are the times when employees are scared to confront their bosses especially when it comes to money issues, to help Winnie and Mark; I spoke to Naomi Kituku HR Officer at KTDA and Benson Ng’ang’ HR Officer Bata company on the ways an employee can approach this issue.

“First off all employees should enquire on any salary deduction the minute they notice it , don’t wait for six months to raise the matter because if the scenario demands a court case then the employee might not be in a position to explain the reason for the long wait,” advices Ms.Kituku

And how should the employee approach the issue?

“You should just speak to the employer first and if he does not give you a satisfactory explanation for the deductions, then speak to your union if you belong to one, the union can handle the case on your behalf,” advices Mr. Ng’ang’a

How about those that do not belong to a union?

“If you are not a member of any labour union then you can go to the nearest labour office and request that your salary be recovered,” continues Mr. Ng’ang’a.

Are there valid reasons why you employer should deduct your salary without notice?

“Sometimes employers have given excuses of ‘language barrier’ as a reason of deducting employees salary without notifying them, but I am of the opinion that even if you are hiring casuals and you find that their literacy level is low to understand the requirements, find away to explain before you make the deductions,” Mr. Ng’ang’a asserts.

Every time an employer sees the need for a deduction they should inform the employees first.” He adds that, ” Some employers feel the need to deduct money for damages that an employee might have made or for days that the employees might have missed work, but then the employer must make them aware before the deductions are made” says Ms.Kituku

What are the consequences of an employer deducting employee’s salary without notifying them?

“According to the employment act, your pay is only liable to statutory deductions which includes NSSF and NHIF and other deductions authorized by you as an employee for example bank loans, insurance and Saccos and even then, the employer must give a written documents showing the deductions failure to that he could be jailed,” Mr. Ng’ang’a warns.

Well, if you are faced with such a problem, the HR professionals have confirmed that it’s okay to request for explanations of your salary deductions from your employer and the sooner you do it, the better.

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