| Abstract [eng] |
The topic of this research paper is the recovery of amounts paid to the employee by the employer. The first section of the paper analyzes the theoretical and practical aspects of reimbursement to the employee by the employer. The principles of relevant equitable work related compensation are analyzed within National, International and Regional laws. The relevance is emphasized in the practices of the Labor Law. The basics of deductions from wages are discussed, also naming the parties that are allowed to make the aforementioned deductions. Section two of the research paper analyzes the recovery procedures for reimbursements made by the employer, while discussing the legal regulations depicting the order of how the recovery of the overpaid amounts can be processed emphasizing on a specific overpay recovery. An overpayment can be recovered according to Labor Code when there were calculation errors involved, also reimbursement can be recovered under the Civil Code when errors in the accounting have been identified or the employee (receiver) is proven to be dishonest. The last section of the paper deals with the practice of dispute resolution regarding the recovery of overpayments from the employee to the employer. The burden of proof in labor dispute cases involving the overpayment recovery from the employee by the employer is discussed. In addition, the mechanism of dispute settlements is described along with the practical problems that incur due to it. The analysis for each chapter of this research paper is based on specialized literature, the existing legislation and the law practices of the Lithuanian court system. |
