MOSCOW, February 22 – RIA Novosti. If the employer made a mistake and charged the employee with extra wages, but he does not agree to return it, he will have to go to court, Svetlana Krasnyanskaya, head of the HR department of the legal group Yakovlev and Partners, told the Prime agency.
According to her, in such a situation, labor legislation practically does not protect the employer. You can withhold excess accrued amounts with the written consent of the employee.
In addition, according to article 137 of the Labor Code of the Russian Federation, wages overpaid to an employee can be recovered only in cases of a counting error, admission of guilt or illegal actions of the employee by a court or body for considering individual labor disputes.
“In other cases, it is impossible to withhold the amount of earnings that has been paid in excess from an employee,” Krasnyanskaya stated.