Duties
"We'll take the till shortfall out of your pay."
Money is missing when the till is cashed up, and you are supposed to cover it from your pay.
§ 12 Abs. 2 BBiG / § 394 BGB / Arbeitnehmerhaftung
The boss may NOT do that
Not just like that — liability requires fault and proof.
A flat deduction for till differences is not allowed. You are only liable if fault is proven against you, and even then under the principles of employee liability: not at all for slight negligence, proportionally for moderate negligence, mostly for gross negligence or intent. A shortfall agreement (liability without fault) is only valid if you receive appropriate shortfall pay for it and have sole access to the till — and in a training contract flat-rate damages are void (§ 12 (2) no. 4 BBiG). Even if a claim exists, the company may not take your pay below the attachment-exempt amount (§ 394 BGB).
What the law says
§ 12 (2) BBiG – Void agreements
Agreements on contractual penalties, on excluding or limiting damage claims, and on setting damages as flat amounts are void.
§ 394 BGB – Set-off
To the extent a claim is not subject to attachment, set-off against it is not permitted.
BAG Grand Senate 27 Sep 1994 – GS 1/89
Employees are liable for work-related damage on a scale according to the degree of their fault.
What you can do
- Do not sign an "acknowledgement of debt" for a till difference.
- Insist that tills are handed over by one person only with a counting record.
- Check your payslip: a deduction must be shown and justified.
- For repeated deductions: involve the works council, union or IHK/HWK.
Email template for your trainer
Subject: Deduction for till difference of [date]
Dear [name of trainer],
an amount of [€X] was withheld from my pay for [month] because of a till difference. I do not agree with this deduction.
Liability requires proven fault; flat-rate damages are void in a training relationship under § 12 (2) BBiG. I therefore ask for the withheld amount to be refunded with the next payslip.
Kind regards
[Your name]