Overpayment by unauthorized person does not change employment contract terms or require written notice.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding overpaid wages calculated by unauthorized site supervisors. The court found that while the supervisors calculated higher wages based on volume thresholds, they lacked legal authority to alter the employment contract, performing only factual duties. Consequently, the overpayment was treated as a temporary advance subject to final reconciliation rather than a valid modification of the agreement. The decision established that such unilateral overpayments do not constitute a binding offer or acceptance to change contractual terms.
Legislator headnote
AI generatedArt. 300 § 1 k.p.; Art. 42 § 1 k.p.: An overpayment of wages calculated by an unauthorized person constitutes a factual act, not a legal modification of the employment contract, and does not require written notice to be valid.