How to recover overpaid wages?
Deduction from the employee's salary
The provisions of the Labor Code clearly indicate situations in which the entrepreneur may make deductions from the employee's remuneration without his consent. Regulations in this regard can be found in Art. 87 § 1 of the Labor Code, which says that only the following amounts are deducted from remuneration for work - after deduction of social security contributions and personal income tax advance payments:
- sums enforced under enforcement orders for the satisfaction of maintenance payments,
- sums enforced under enforcement orders to cover debts other than maintenance payments,
- cash advances granted to the employee,
- the financial penalties provided for in Art. 108.
The situation in which the remuneration was overpaid was not mentioned among the above. Therefore, in order to be able to make the appropriate deduction, the employer must have the employee's consent to make the deduction.
In a situation where an employee does not consent to this, the only solution is generally to take legal action. In such a case, the employer has the right to demand reimbursement of the overpaid amount from the employee, proving that the employee received a benefit much higher than due, and therefore should take into account the obligation to return it.
Then, on the basis of the judgment, the entrepreneur will be able to make a deduction from the employee's remuneration.