Publications

29/05/2025

The issue regarding the possibility of deducting, from an employee’s salary, traffic fines incurred while operating company vehicles during the performance of their duties deserves special attention

1.  Legal Framework

The matter is governed by Article 462 of the Brazilian Consolidation of Labor Laws (CLT), which establishes that the employer may only deduct amounts from the employee’s salary in the following cases:

• salary advances;
• legal provisions or collective agreements/conventions;
• damage caused by the employee, provided there is an agreement between the parties or a contractual provision.

Therefore, for the deduction of a traffic fine to be lawful, it is essential that there is an express contractual provision or a written agreement between the parties.

In the absence of a contractual clause or internal policy providing for such deduction, it is recommended that it be immediately implemented through a contractual amendment or a liability agreement.

2. Possibility of Payroll Deduction

The mere commission of a traffic violation does not, by itself, authorize direct deduction from wages.

The deduction may be considered lawful in the following situations:

• evidence of fault or willful misconduct by the employee, particularly in case of violation of the Brazilian Traffic Code;
• prior and express authorization established in the employment contract, internal regulations, or liability agreement;
• provision in a collective bargaining agreement, when applicable.

informed about the possibility and reason for the specific deduction.

Additionally, the deduction cannot exceed 70% of the employee’s net salary. If the fine amount exceeds this limit, the deduction must be made in installments.

3. Employee’s Refusal to Pay the Fine

The employee cannot be compelled to pay a traffic fine unless there is a contractual provision or evidence of their fault.

An undue deduction may result in:

• reimbursement of the amounts deducted;
• possible compensation for moral damages, in cases of embarrassment or abuse.

Thus, unilateral and automatic deduction is considered abusive when the employee has not been given the opportunity to respond or present a defense.

On the other hand, if there is a signed consent agreement or a contractual clause providing for the deduction, it will be considered valid and the employee may not refuse to make the payment.

4. Driver Identification

According to CONTRAN Resolution 891/2021, when the vehicle is registered under a legal entity, the company is obliged to identify the actual offending driver. Omission may result in:

• an additional administrative fine for the company;
• this does not exclude the labor or civil liability of the offending employee.

Therefore, it is recommended to:

• Maintain strict control over vehicle usage records, with clear documentation (forms, logbooks, tracking systems), allowing the company to identify, with documentary evidence, which employee was using the vehicle at the time of the fine;
• Formalize a liability agreement for the use of company vehicles with all designated drivers.

5. Recommendations and Best Practices

To mitigate labor risks and ensure legal certainty, it is recommended that the company adopt the following measures:

1. Establish a clear internal policy on vehicle usage, with clauses holding the employee accountable for infractions;
2. Include a specific contractual clause authorizing the deduction of fines attributable to the employee by willful misconduct or negligence, or require a signed liability agreement;
3. Maintain fleet control and accurate driver records;
4. Ensure due process by notifying the employee in advance of the infraction and allowing them the opportunity to present a defense before any deduction is made;
5. Assess the severity and nature of the infraction, distinguishing, for example, speeding while on duty from minor administrative violations;
6. Avoid automatic deductions, especially from variable salaries, in accordance with the social function of wages and applicable legislation.

6. Conclusion

The deduction of traffic fines from an employee’s salary is legally admissible, provided the following conditions are met:

• an express contractual or regulatory provision;
• proven fault or willful misconduct by the employee;
• observance of due process and the right to defense.

The adoption of formal and well-documented policies is highly recommended to avoid litigation and ensure legal certainty in labor relations.

The Labor and Employment team at LO Baptista remains available to provide clarification on this and other employment-related matters.

Authored by: Elaine Martins Staffa