Legal Advice on Salary Recovery

Questioner

My husband started working part-time at the beginning of 2012 (from 40 hours to 32 hours). However, he was sloppy in checking his online payslip to see if the hours he worked less were also deducted from his salary. Because he saw that his vacation days had been adjusted, he assumed that this had also been done with his salary. It has now become apparent that this was not the case. The employer has always paid him on a full-time basis. Of course, this must be repaid. There was no intent on his part in the fact that he concealed that the salary payment was incorrect. However, he can be blamed for not checking his payslip properly. The employer states that they do not blame the employee and will not take disciplinary measures, but that repayment must be made. They have made a gross calculation of the overpaid salary and asked for a proposal regarding repayment. Is it unreasonable to say that not only the employee but also the employer should have paid attention to the salary payment. Especially since it concerns such a long period. Assuming this; is it then reasonable that my husband assumes a net recovery amount. The difference gross-net is then for the account of the employer so that the pain is shared. After all, the employer has also been sloppy and has also let it increase. Incidentally, the employer wants to settle the amount to be repaid (they leave it unclear whether this is the gross or net amount) via the gross salary. What is wise?

Lawyer

In the event of a reduction from 40 to 36 hours, your husband could have known that he would have to receive less pay. The fact that the employer was sloppy does not mean that he cannot reclaim or offset the full amount. The employer's proposal to offset this (gross) with the salary seems reasonable to me. Try to reach a good payment arrangement together so that it is not too financially burdensome. A gross repayment can be declared as 'negative income' on the tax return, which leads to a tax refund.