In the process of hiring a confidential family, it is sometimes inevitable to encounter some unavoidable accidents, such as the nanny breaking or damaging items in the house in the course of her work.
This raises a sensitive question, ‘Does the employer have the right to ask the nanny to pay for the damaged items, or can she be compensated by deducting her wages?’
Payroll deductions may be made for loss or damage caused by the babysitter, subject to the following conditions:
1． Gathering sufficient evidence
Firstly, the loss or damage must be clearly shown to have been caused by the nanny's intentional or negligent behaviour. This means that the employer needs to be able to prove that the nanny was negligent or intentionally destructive in the performance of her job duties.
2. Diplomatic immunity
It is the responsibility of the employer to give the nanny an opportunity to explain before taking a pay cut. This opportunity ensures that the nanny is able to explain the incident to ensure fairness and equity.
3. Consultative
The amount of deduction should be fair and reasonable, preferably limited to less than 20 per cent of the monthly salary. Excessive deductions may give rise to legal disputes and undermine the relationship of trust between employers and nannies.
Employers should exercise caution when dealing with the issue of a nanny damaging items to avoid potential legal problems. We recommends that disputes be resolved through communication and negotiation as far as possible in order to maintain the stability and harmony of the employment relationship.
In order to regulate the employment relationship, it is advisable to draw up and sign a detailed nanny contract before hiring a nanny. The contract can clarify the responsibilities and rights of both parties, in particular emphasising that the nanny is responsible for any damage to the employer's property during the course of her work. The contract can also specify liability for damages and related wage deductions to provide a clear legal basis in the event of a problem.
Through the establishment of a clear employment contract, timely communication and negotiation, employers can effectively handle potential disputes and maintain a good relationship between employers and nannies. This not only helps to guard against potential legal risks, but also helps to build a foundation of mutual trust in the employment relationship and promote co-operation and understanding between both parties.