A restaurant in Stockholm, sweden allows its employees to pay for springnotor by pulling the sum from dricksen.
where the agreement is only to throw in the trash, " says Per Persson, avtalsexpert on Hotels and Restaurangfacket, HRF.
It was before the christmas rush, the staff at a restaurant in central Stockholm was explained to them that they would now stand for springnotorna.
the Restaurant refers to a clause in the collective agreement that, if the personnel have been grossly negligent, the amount may for springnotan be deducted from the salary.
But according to HRF, this is not allowed, and it is not uncommon that the members hear and wonder if it is permissible to the employer to deduct springnotan on the staff salary.
– It is not a one-off, it happens to look that closely, " says Per Persson.
He says that employers in almost all cases, understand afterwards that they have done wrong.
– Springnotor is a problem and employers want to be paid. But this is a kollektivavtalad question so that the agreement is just to throw in the trash, " he says.
Stockholmsrestaurangens ceo says to Stockholmdirekt to comply with the law and has an agreement with the staff. But, according to the HRF is such an agreement invalid.
– It is written clearly in the collective agreement, to springnotor is the employer's responsibility. That staff would stand for it in this way is forbidden, " says Per Persson.
When it comes to the point of the collective agreement, if negligence, it is true that other rules may apply. But according to Per Persson it is very unusual for them to apply because it requires that the staff must have participated actively in the springnotan. In general, it is the employer's responsibility to not drop off the guests that have not paid.
– The only thing you as a waitress or waiter is required to do is to directly notify springnotan to their immediate manager, " says Per Persson.
At the so-called springnotor applies the following rule in the section 25, paragraph 1.3:
As a waiter or waitress, you should report a springnota directly to your immediate supervisor. Together you make an investigation about what has happened.
If it turns out that you have been grossly negligent or acted with intent, the amount may be deducted from your salary.
But then, the employer must first contact the Bailiff to find out how much money you need to support you and your family, including any maintenance obligations. Set-off may only be against it in excess of that amount.
HRF calls on all members to directly contact with the union on a question of set off arises.
in addition, It is important to remember that the employer has a duty to follow the collective agreement for all employees - even if you are not in the tray.
Source: Hotel and Restaurangfacket (HRF)