HOW IS SALARY CONFISCATION APPLIED BY THE EMPLOYER?
With the finalization of the enforcement proceedings initiated by the creditor, the creditor requests a salary lien. In this case, a lien is written to the place where the employee works, that is, to his employer. In the event of a lien, the employer is asked to inform that a lien has been placed on the borrower’s salary and whether there are any other liens committed with the amount of the borrower’s salary. Now the employer must pay the money to the enforcement file by deducting 1/4 of the borrower’s salary.
WHAT HAPPENS IF THE EMPLOYER DOES NOT APPLY THE SALARY CAP?
The employer who receives the employee’s lien is obliged to inform the executive office how much the employee’s wage amount is. Now the employer must pay the money to the enforcement file by deducting ¼ of the employee’s salary. Otherwise, the employer is responsible for the amount that is not deducted from the borrower’s salary. In this case, there is no need to file a lawsuit against the employer. At the same time, in this case, the employer also has a responsibility to the employee. Because the employer makes a deduction from the employee’s salary, but does not pay it to the executive office. Therefore, the employee can now request that this amount be paid by the employer to the enforcement file. It is also a just cause of termination for the employee. However, if the employee pays the deduction he must make to the executive office before terminating the contract, the employee’s termination for justified reasons will not be in question.
If the employee leaves the job, the employer should report this situation to the enforcement department immediately. Otherwise, an investigation will be opened against him.
HOW IS AN APPEAL AGAINST SALARY CONFISCATION MADE?
Only after the employer receives the notification of salary confiscation, if there are certain situations, an objection can be made. Pay payable If the debtor has paid the debt or if the payment order sent before the salary seizure has not been notified to him; it is possible for the employee to remove the salary seizure deduction by objecting.
More than 1/4 of the Employee’s Salary cannot be seized. If the employer deducts more than ¼ of the employee’s salary, the employee may file an objection.
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