Cases

Infallibility of employee expected

Most employees make during their career mistakes in the process of remunerations’ payment. In consequences employee receive higher remuneration than he or she should. The basic instinct is to set off overpayment from another remuneration. But is it possible?

The ability to make deductions by the employer exist only in specific cases, e.g. deduction of fines. When overpayment is make due to employer’s fault, deduction cannot be made without employee’s consent. Such consent should be given in writing and indicate the specific amount of deduction. At the same time, consent is effective only to the amount free of deductions.

If the employee does not voluntarily paid the overpayment, then the employer would be able to recover the debt in court as unjust enrichment.

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