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The Labor Code and the Civil Procedure Code refer, in legal terms, to the salary retentions and to their limits. There are several types of salary retentions and both parties (employer and employee) must comply with the legal regulations on them.
The retentions from salary can be organized, in practice, in several categories:
The Labor Code establishes, in Art. 169, paragraph 2, that the salary retentions as damages caused to the employer can not be made unless the employee’s debt is due, liquid and payable and has been found as such by a final and irrevocable court decision.
In this context, in case of damage caused by the employee, even if he agrees to pay damages, for the strict law compliance it is necessary to have a court decision in this regard. The employee engagement of payment can be used as evidence in court.
To avoid addressing the court in case of damage caused by the employee, in practice the employee pays directly the damage after receiving full salary, so the money are in his heritage.
The law establishes that the total salary retentions can not exceed, every month, half of the net salary.
When there are more creditors of the employee, the mandatory order that the employer must respect is, according to the Labor Code:
a) the support obligations, under the Family Code – the support obligation exists between husband and wife, relatives in a straight line, between siblings and between other persons specifically required by law, applicable provisions in the case of adoption and also between former husbands, as provided by law, under Article 516 of the Civil Code (Law 287/2009, republished and updated 2015);
b) contributions and taxes owed to the state;
c) damage to public property by illegal acts;
d) the cover of other debts.
Also, the Civil Procedure Code requires, at art. 728, the tracking income limits, to half of the net income for amounts for support obligation or allowance for children and to one-third of the net income for any other debts.
Legal note – art. 728, New Civil Procedure Code
(1) The salaries and other regular incomes, pensions awarded under the social security, also other amounts that are periodically paid to the debtor and are addressed to ensure livelihoods may be followed:
Limit retentions table depending on the types of income
|Types of incomes||The withholding nature||The retention limits|
||Amounts due as support obligation or child allowance||Any other debts|
|Up to half of the net income||Up to one third of the net income|
||Amounts due as support obligation, compensations for damage caused by death / bodily harm, unless the law provides otherwise||Up to half the amount|
|Can not be tracked for any debts|
The Labor Code sets the limit based on the net salary, while the Civil Procedure Code relates to the net income, as the limit retentions is made for amounts from other sources besides salary.
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