Deducting a traffic fine from salary: is it allowed?
Many employers simply want to offset a company-car fine against pay. That is not always allowed, and not always practical either.
A traffic fine on a company car arrives at the employer. The reflex is understandable: offset the amount against the next salary. But wages are protected by law, and a traffic fine is not simply a claim you may deduct.
What Dutch law says about salary deductions
The Dutch Civil Code limits what an employer may offset against wages. A deduction needs a clear basis, such as compensation the employee demonstrably owes or a written agreement. In addition, a deduction may not reduce pay below the statutory minimum wage. For an employee around minimum wage, offsetting is often not possible at all.
Can a traffic fine be recovered from the employee?
Under established case law an employee is only liable for damage caused to the employer in the case of intent or deliberate recklessness. A minor speeding offence usually does not qualify without a further agreement. With a proper car policy you can agree that traffic fines are for the driver’s account. Without such an agreement the employer is in a weak position if the employee objects.
Why a payment request often works better
- Transparent – the employee sees the original fine and pays consciously, instead of an unexpectedly lower net salary.
- No payslip disputes – payroll has nothing to correct.
- Case file – you record when the employee was informed, read it and paid.
- Deadlines – you can remind automatically instead of waiting for the next payroll run.
If you still want to offset
Make sure there is a written agreement in the employment contract or car policy, inform the employee per fine, respect the minimum wage and the protected earnings threshold, and keep the documentation. An overview per pay period, for example sent weekly to payroll, prevents mistakes.
How Fleetfines helps
Fleetfines sends the driver a personal payment request with the fine attached and follows up the payment with reminders. If you prefer to settle through payroll, a flow automatically sends an overview to the payroll department. Both routes are recorded in the fine’s log.
This article is general information, not legal advice. Check the current rules with the CJIB, the Dutch government or your adviser.
Frequently asked questions
May an employer deduct a fine without consent?
No. A valid basis is required, such as a written agreement, and the deduction may not reduce pay below the minimum wage.
What is the difference between deducting and recharging?
Deducting happens via the payslip; recharging means the employee pays the fine separately, for example via a payment request. Recharging is more transparent and creates a case file.
Can Fleetfines send an overview to payroll?
Yes. With a flow, payroll automatically receives an overview per period with the fines, amounts and payment status per driver.
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