1️⃣ Conservatory or executory garnishment
A creditor can garnish an employee's wages through the employer, depending on the situation.
2️⃣ Employer responsibility
If the employer pays the employee despite the garnishment, the creditor can demand payment from the employer.
3️⃣ Net payments
Garnishment only affects net payments owed by the employer to the employee, excluding statutory deductions like income tax.
4️⃣ Exempt amount
There is an exempt amount of roughly 90% of the social assistance norm.
5️⃣ Wage claim
The exempt amount applies to the wage claim. Once the salary is deposited, the entire amount is subject to garnishment.
6️⃣ Multiple employers
When garnishment involves multiple employers, the exempt amount is proportionally divided based on the owed wage amounts.
7️⃣ Priority of garnishment
Wage garnishment takes precedence over offsetting. Offsetting is not possible on the part of the wages that cannot be garnished.
8️⃣ Severance pay
Garnishment is possible on severance pay without an exempt amount.
9️⃣ Expense allowances
Garnishment is not possible on expense allowances provided by the employer that are not disguised wages.
🔟 Assignment and pledging
Assignment, pledging, or any action by which the employee grants rights to their wages to a third party is only valid to the extent that garnishment would be valid. Assignment of future wages is valid within these limits, provided the wage claim is sufficiently established. An assignment after garnishment does not affect the garnisher's position.
Kommentare