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am i able to ask for a refund?

We discovered this week {that a} Chilean employee mistakenly obtained greater than 300 occasions his Might wage, changing into a millionaire (in Chilean pesos as a result of he obtained the equal of over 172,000 euros). The person reported the error to his boss and promised to refund the quantity… earlier than signing his resignation and disappearing with the cash. The corporate filed a criticism, however it isn’t but identified what the court docket will resolve.

Even when such an enormous mistake is unlikely, on this case the query arises: is the worker in France obliged to pay damages within the occasion of a mistake made by the corporate? Deciphering what the regulation says about this.

What can an employer do?

After such a mistake, the employer could require the worker to reimburse the overpayment. To do that, the 2 can agree amicably. If the worker doesn’t wish to return the cash suddenly, particularly within the case of a big quantity, the employer can get well the quantity by withholding wages for the following a number of months.

As factors out, the utmost quantity to be invested in remuneration is 10% of the online wage. If the overpayment exceeds this quantity, its reimbursement should be unfold over a number of months.

As a way to precisely calculate the utmost quantity that an employer is entitled to withhold from the payroll, it’s essential to make use of the simulator accessible on Certainly, this determine is set on a scale that takes into consideration not solely wages, but in addition the variety of dependents.

What if the worker believes that he has the best to maintain the cash for himself?

If the worker refuses to pay the overpayment, the employer can apply to the labor court docket to resolve the dispute. He has a interval of three years, from the second he grew to become conscious of the error, to start out the method. After this date, it’s too late to use to an industrial tribunal.

Conversely, if the employer has begun to withhold a part of the wages to acquire compensation, and the worker believes that harm has been induced, he can apply to the labor court docket to problem the confiscation.

What occurs if an worker now not works for the respective firm?

If the worker now not has a contract with the corporate when the employer realizes the error (or if the worker hurried to resign, as within the Chilean instance), the previous employer has a interval of three years from the top of employment. a contract demanding compensation, both by concluding a settlement settlement or by making use of to an industrial court docket.

However, he can solely declare reimbursement of quantities paid over the last three years earlier than the top of the contract. If there may be an overpayment of greater than…

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