this post was submitted on 21 Sep 2023
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Antiwork

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  1. We're trying to improving working conditions and pay.

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submitted 1 year ago by [email protected] to c/[email protected]
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[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

That's not how it works in both Germany and Austria. If you have a contract you get paid based on it, if there is a bookkeeping error you have to pay the money back if the company accidentally gives you too much.

The only contracts that are invalid are when the number is very obviously wrong in the context. For example the contract says instead of $50k a year you get paid $500k a year or $5k a year, then the entire thing is void as it's an obvious error.

If the contract says $55k and the company wanted to pay you $45k.. their problem, contract counts. Your boss might be pissed if you keep insisting on the $55k and might fire you, especially if you verbally agreed on $45k. But oh well, that's another topic.

Oh and in the UK? The employer is even allowed to deduct that money from your future wages. So much about knowing the law :)

[–] [email protected] 1 points 1 year ago (1 children)
[–] [email protected] 2 points 1 year ago

Yeah.. except for that tiny detail:

There are three conditions that must be satisfied for the defence to be applicable:

  • You employer has made a statement of fact which made you believe that the money was your own;
  • You acted in good faith and without knowledge of any claim for recovery from your employer and as a result, changed your position in terms of the money; and
  • You were not involved in the cause of the overpayment.

So if you signed a contract for a sum of x and the employer never said they are going to pay you more, you're already acting in bad faith based on the first point. The second point is tough to argue, literally the only way to win this is if you have a verbal "contract" only and claim you never watched your bank account and just didn't notice the extra money (but then if your employer tells you about the wrong payments you have an issue again..).

In the real world you'll probably pay the money back 99% of the time, except if you want to burn bridges and leave (going after you for smaller amounts is not worth the time in court). Your professional relationship will be ruined though, which you may or may not care about.