The expert told what to do if they gave an “extra” salary
What to do if a larger amount was transferred to you as a salary than stipulated by the employment contract? Return the money or accept it as an unplanned «bonus» from the employer? Lawyer Oleg Cherkasov believes that an employee does not need to do anything in such a situation.
The expert said that according to the law, «extra» salary can be collected from an employee only in three cases:
- if a counting error has occurred,
- if the commission on labor disputes has recognized the guilt of the employee in failure to comply with labor standards or in idle time,
- if there were any illegal actions on the part of the employee and this was recognized by the court.
In all other cases, there is no reason to return the so-called extra money back. But the employer can do the following: at the next payroll, withhold the amount that was paid by mistake or oversight.
— quotes the words of Cherkasov agency «Prime».
Before doing anything, the employer must first issue an order or order to withhold some or all of the salary, familiarize the employee with it, and then obtain his written consent to all these manipulations. In this case, you can not pay more than 20% of the due amount. The employee has every right to disagree. In this case, his management will be forced to apply to the commission on labor disputes or to the court.