Employee's written consent to deduct overpaid bonus allows employer to recover half the overpayment without bad faith proof.
Legislator summary
AI generatedThe Supreme Court partially allowed the employer's claim for correction of the employment record and partial repayment of overpaid wages. The court found that the employee validly consented in writing to deduct specific amounts from his salary regarding the overpaid bonus, even though the employer used a specialized financial service provider. Consequently, the court ruled that the employee cannot later claim unjust enrichment or bad faith, as the written agreement created an independent legal basis for the deduction.
Legislator headnote
AI generatedArt. 91 k.p.; Art. 398 § 1 k.c.: An employee's written consent to deduct specific amounts of overpaid bonus creates an independent legal obligation to repay, preventing subsequent claims of unjust enrichment or bad faith unless the employer proves bad faith in the deduction.