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Publication date: 13.05.2024
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The labor inspectorate told about compensation for excessively paid wages
According to Article 127 of the Labor Code, deductions from wages may be made only in cases provided for by the legislation of Ukraine.
In particular, deductions from the wages of employees to cover their debts to the enterprise, institution and organization where they work may be carried out by order (order) of the employer to return the advance issued on account of wages; for the return of sums overpaid due to calculation errors; for the repayment of an unspent and timely unreturned advance issued for a business trip or transfer to another area; for economic needs, if the employee does not dispute the grounds and amount of the deduction. In these cases, the employer has the right to issue an order (order) on deduction no later than one month from the date of expiry of the period established for the return of the advance, repayment of the debt or from the date of payment of the incorrectly calculated amount.Unreasonably acquired wages and payments equivalent to it, pensions, benefits, scholarships, compensation for damage caused by mutilation, other health damage or death, alimony and other monetary sums provided to an individual as a means of subsistence are not subject to return, if their payment was carried out voluntarily by an individual or legal entity, in the absence of an accounting error on its part and bad faith on the part of the acquirer (Article 1215 of the Civil Code of Ukraine)
Thus, the employer has the right to issue an order (order) on deduction no later than one month from the date of expiry of the period established for the return of the advance, repayment of the debt or from the date of payment of the incorrectly calculated amount. The employee's consent is not required to deduct such amounts. Nor can his objections prevent the deduction.
Missing the specified period means the impossibility not only of issuing an order (order) on deduction from wages, but also of collecting the amount owed by the employee to the company in general, since the employer in this case is deprived of the right to file a lawsuit in court.
Also, please note that errors related to the calculation process are considered counting errors. For example, it can be an incorrect calculation, double calculation of wages for the same period, etc. (Part 24 of the resolution of the Plenum of the Supreme Court of Ukraine dated December 24, 1999 No. 13 "On the practice of applying the legislation on wages by courts").Errors in the application of the law and other legal acts, including the collective agreement, which are not related to calculations, cannot be considered countable.
In accordance with Article 128 of the Labor Code, with each payment of wages, the total amount of all deductions cannot exceed 20%, and in cases separately provided for by the legislation of Ukraine, 50% of the wages due to be paid to the employee. Deductions from severance pay, compensatory and other payments, which are not subject to collection under the law (Article 129 of the Labor Code of Ukraine) are not allowed.
The employer can collect the overpaid salary from the guilty persons or write off the overpaid amount as an expense and not collect it from the guilty persons. The general grounds and conditions of material liability of employees are defined in Article 130 of the Labor Code.
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According to the first part of Article 132 of the Labor Code, for damage caused to an enterprise, institution, organization in the performance of labor duties, employees, except for employees who are officials, due to whose fault the damage was caused, bear material responsibility in the amount of direct actual damage, but not more than their average monthly earnings
The procedure for covering damage caused by an employee is established by Article 136 of the Labor Code.
Compensation of damage to employees in an amount not exceeding the average monthly earnings is carried out by order of the employer or the body authorized by him, heads of enterprises, institutions, organizations and their deputies - by order of the higher authority in the order of subordination of the body by deduction from the employee's salary.
The order of the employer or a body authorized by him, or a superior in the order of subordination of the body, must be made no later than two weeks from the day of discovery of the damage caused by the employee and sent for execution no earlier than seven days from the day of notification of this to the employee. If the employee does not agree with the deduction or its amount, the labor dispute at his request is considered in accordance with the law.In the rest of the cases, the damage is covered by filing a lawsuit by the employer or the body authorized by him to the district, district in the city, city or city-district court.
Recovery of material damage from the managers of enterprises, institutions, organizations and their deputies is carried out in a court of law based on the claim of a superior in the order of subordination of the body.
As for the voluntary reimbursement of overpaid wages by the employee himself, the legislation does not establish any restrictions in this regard. At the same time, it should be the free and voluntary expression of will of the employee himself without pressure or coercion.
According to Article 19 of the Constitution of Ukraine, the legal order in Ukraine is based on principles according to which no one can be forced to do what is not provided for by law.
