Is it correct that the money paid for classroom guidance and notebook inspection will be refunded?

Question

The directors are asking teachers to return the money voluntarily, claiming that the money paid for classroom guidance and notebook inspection in 2021, 2022 and 2023 was paid incorrectly. How consistent is this with the law?

Reply

Additional payments for classroom guidance and book review are regulated by the Regulation "On remuneration of employees of public education," approved by the Resolution of the Cabinet of Ministers of December 21, 2005 No. 275.

According to Article 269 of the Labor Code, overpaid wages cannot be recovered from an employee (including in cases of incorrect application of labor legislation or other legal acts on labor).

In addition, according to Article 1030 of the Civil Code, wages and equivalent payments, pensions, benefits, scholarships, compensation for damage to life or health, alimony and other monetary funds provided to a citizen as means of subsistence cannot be returned as unjustified gain if he does not commit dishonesty and there are no errors in calculation.

That is, the money paid to teachers for classroom guidance and notebook inspection in 2021, 2022 and 2023 cannot be demanded to be returned because it was paid incorrectly. These payments cannot be recharged.