[HIGHLIGHTS] Employer transferred too much salary – do I have to pay it back?

Employers have the right to demand back overpaid wages. Employee is almost always obliged to pay the money back.

However, there are few exceptions. If the employee gains financial advantages, for example buys an expensive television or pays off debts, he enriches himself and has to repay the sum. If an employer only becomes aware of the overpayment after a long period of time and the employee has already spent the money, the employer can plead for deprivation of wealth. The exceptions only provide guidance; in practice, this is always a case-by-case decision. And even if one of the exceptions applies and you may be able to keep the excess salary, you should consider whether withholding the amount will not have a lasting negative impact on your relationship with the employer. If you notice that your salary is too high, you must inform your employer about it. You are violating your duty of loyalty. This can result in a warning or, in the worst case, termination without notice. It is common practice for the overpaid net wage and not the gross wage to be reimbursed.