Will the overpaid money be returned to the teacher who worked more than 1.5 rates?

Answer
No, it is not refundable. Because the employee actually worked, although it was contrary to Article 437 of the Criminal Code. In this case, the law does not have any responsibility for the employee who worked more than 1.5 rates. The employer may be held liable under Article 49 of the Civil Code.
- calculation error;
- if the employee's fault for not complying with labor standards was recognized by the body that considers individual labor disputes;
- if the employee was overpaid due to the illegal actions (inaction) of the employee determined by the court.
- the property handed over in connection with the fulfillment of the obligation before the expiration of the execution period, unless otherwise stipulated in the obligation;
- property handed over in connection with the fulfillment of the obligation after the expiration of the claim period;
- salary and payments equivalent to it, pensions, allowances, scholarships, compensation for damage to life or health, alimony and other funds given to a citizen as a means of marriage, if there is no dishonesty on his part and there are no errors in the calculation;
- sums of money and other property given to fulfill a non-existent obligation, if the acquirer proves that the person demanding the return of the property knew that there was no obligation or that he gave the property for charitable purposes.
Your mother's circumstances are not one where wages are withheld regardless of the employee's written consent.
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