Liability for mistakes at work: do you have to pay?

You make a mistake at work. A product breaks, damage occurs, or your employer says: “We’re going to charge you for this.”
Many young people are startled and think that they are required to pay. That is usually not the case.

In this blog we clearly explain when you are liable, when not, and what you can do if your employer demands money from you.

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Main rule: an employee is usually not liable

👉 The basic rule is simple:
as an employee, you are in principle not liable for damage you cause while doing your job.

That also applies to:

• young people

• students

• part-timers

• temporary agency workers

• side jobs

Working means taking risks — and those risks normally lie at the employer.

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When can an employee actually be liable?

Only in exceptional situations, namely in cases of:

1. Intent

You intentionally cause damage.
For example: breaking something on purpose.

2. Conscious recklessness

You know that something is dangerous, but you do it anyway, while you understand the consequences.

👉 Note: this is very strictlyassessed.
A simple mistake, clumsiness, or moment of stress is not deliberate recklessness.

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Common mistakes that do not result in liability

Among young people, it’s often about:

• dropping something

• misjudging

• not getting enough instructions

• working under time pressure

• inexperience

👉 These are normal work mistakes.
For that, your employer may not make you pay.

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“But you are responsible,” says the employer

We hear that often. But:

• responsibility ≠ liability

• being in charge ≠ paying out of your own pocket

• making a mistake ≠ paying for damages

An employer may claim damages not just:

• deduct it from your wages

• offset it

• demand that you pay

That is in many cases unlawful.

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Deducting damages from your wages: is that allowed?

👉 In principle: no.

An employer may not simply:

• withhold money

• send an invoice

• reduce pay

Certainly not without:

• your consent

• a clear legal basis

And consent “under pressure” is often invalid.

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What about temporary agency workers?

Even if temporary agency worker applies:

• you are an employee

• the same protection rules apply

The employment agency or the hirer can charge the damage not simply to you.

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What if you have to sign something?

Some employers have young people:

• sign statements

• signing acknowledgements of debt

• giving “OK” via WhatsApp

👉 Be very careful here.
Do not sign anything without knowing what the consequences are.

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What should you do if your employer demands money?

Use this step-by-step plan:

1. Do not agree immediately

2. Do not pay anything of your own accord

3. Request a written justification

4. Save all communications

5. Have a legal assessment of whether this is allowed

Often it turns out that:

• the employer has no leg to stand on

• deductions are unlawful

• you are protected

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Common mistakes by young people

• pay immediately out of fear

• thinking that mistakes are always your own responsibility

• accept wage deductions

• sign statements without advice

• not have anything checked

That can unnecessarily cost you a lot of money.

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Are you unsure if you have to pay for a mistake?

Are you:

• student

• part-timer

• temporary agency worker

• young person with a side job

and is your employer demanding that you pay for damages?

Then have it checked. Often it turns out that:

• you are not liable

• wage withholding is not allowed

• the employer is going too far

👉 Feel free to get in touch to have your situation assessed.

Practical steps if your employer demands payment

Even though the law generally protects employees from liability for workplace mistakes, situations can still arise where your employer asks you to pay for damages. Here are some practical steps you can take if this happens:

• Request a clear explanation: Ask your employer to provide detailed information about the damage, how it happened, and why they believe you are responsible.
• Review your employment contract: Check if there are any clauses regarding liability or indemnification. Most standard Dutch employment contracts do not hold employees personally liable for normal work errors.
• Document everything: Keep records of communications and any evidence that shows your version of events or circumstances leading to the mistake.
• Seek legal advice: Contact a specialized employment law attorney to understand your rights and the best course of action. This is especially important if your employer insists on payment.

Liability and insurance in the Netherlands

In many Dutch companies, employers have insurance policies that cover damages caused by employees during their work. This means that even if damage occurs, the employer can often claim compensation from their insurer, rather than the employee. Some key points to consider:

• Employer’s liability insurance: Covers accidental damage caused by employees acting within the scope of their duties.
• Employee liability insurance: Some employers offer additional insurance protecting employees from personal liability claims.
• Exceptions: In cases of gross negligence or intentional acts, insurance may not cover the damage, but these cases are rare and require clear proof.

Understanding your rights under Dutch law

The Dutch Civil Code (Burgerlijk Wetboek) provides the legal framework regarding liability in employment relationships. Article 7:658 BW, for example, outlines the employer’s duty to ensure a safe working environment and to bear risks related to the employer’s business activities. This includes damages caused unintentionally by employees during normal work activities.

Moreover, the Dutch Supreme Court has consistently ruled that employees are only liable for damages if their conduct was intentional or recklessly careless, reinforcing the protections described above.

Conclusion

Making mistakes at work can be stressful, but you are usually not personally liable for any resulting damages. Dutch law protects employees from bearing financial responsibility for normal errors committed in the course of their work. If your employer demands payment, remember to verify their claim, understand your rights, and seek professional legal advice.

At Arslan & Arslan Advocaten, we specialize in employment law and can help you navigate any disputes regarding workplace liability. Contact us today for expert guidance and to protect your rights.

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• Learn more about Insurance Law
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