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Will the overpaid money be returned to the teacher who worked more than 1.5 rates?
10:30 / 13.06.2024
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Question
My mother is a teacher, she works 19-18 hours at school, and she has been working full-time in kindergarten for 4 years. My mother is the only breadwinner in the family. Today, they called my mother from the Department of Economy of the Republic, because she works on both sides. In this case, can he set the condition of returning the salary earned from my mother? In both jobs, he worked according to his schedule without interfering with each other. He was forced to do so.
Answer
According to Article 437 of the Civil Code, the duration of work on the basis of a seat cannot be more than half of the norm of working hours established for this category of employees (with the exception of medical employees of healthcare system organizations).
In other words, it is impossible to work more than 1.5 rates. Only doctors and specialists who can skillfully play tunes on 3 national musical instruments can work full-time on a part-time basis from the main place of work.
Well, let's say that the employee worked more than 1.5 times the rate, will the excess be refunded?
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.
According to Article 269 of the Labor Code, overpaid wages to an employee (including when labor legislation or other legal documents on labor are incorrectly applied) cannot be recovered from him.
Except for the following cases:
- 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.
In addition, according to Article 1030 of the Civil Code, the following shall not be returned as ill-gotten wealth:
- 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.
In conclusion, it is illegal for them to ask your mother to return the money. Let your mother say that she won't pay, that's it. According to Article 269 of the Civil Code, as a general rule, with the written consent of the employee, and in the absence of the employee's consent, it can be deducted from the salary in accordance with the second part of this article.
Your mother's circumstances are not one where wages are withheld regardless of the employee's written consent.
Your mother's circumstances are not one where wages are withheld regardless of the employee's written consent.
It is worth noting that if it is not possible to recover the payments from the employee, it is also a mistake to say that he will continue to work. Because, as we mentioned above, working more than 1.5 rates is against the law.
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