Can My Employer Deduct Overpaid Wages from My Salary?

Question from Mafalda, Can My Employer Deduct Overpaid Wages from My Salary?

Answer from AI:

If you are a public employee in Portugal and your employer has overpaid your salary, they may seek to recover the overpaid amount. However, there are specific legal guidelines and protections in place to ensure that such deductions are handled fairly and lawfully.

Legal Framework for Salary Deductions in Portugal

In Portugal, the legal framework governing salary deductions is primarily found in the Portuguese Labour Code (Código do Trabalho). Here are some key points to consider:

• Article 274 of the Labour Code: This article outlines the conditions under which an employer can make deductions from an employee’s salary. It generally prohibits deductions unless they are legally authorized or agreed upon by the employee.
• Minimum Wage Protection: Employers cannot reduce an employee’s salary below the national minimum wage, which is set annually by the government. For 2023, the national minimum wage in Portugal is €760 per month.
• Proportionality and Fairness: Any deductions made should be proportional and fair. Employers should not deduct an amount that would cause undue financial hardship to the employee.

Steps to Take if You Face Unfair Deductions

If you believe that your employer has made unfair or excessive deductions from your salary, you can take the following steps:

1. Review Your Payslip: Carefully review your payslip to understand the deductions made and the reasons provided by your employer.
2. Communicate with Your Employer: Discuss the issue with your employer or HR department to seek clarification and potentially resolve the matter amicably.
3. Seek Legal Advice: If the issue is not resolved, consider seeking legal advice from a labor law attorney or a legal aid organization. They can provide personalized advice based on your specific situation.
4. File a Complaint: You may file a complaint with the Portuguese Authority for Working Conditions (Autoridade para as Condições do Trabalho – ACT) if you believe your rights have been violated.

Consulting a Legal Professional

Given the complexity of labor laws and the potential impact on your financial well-being, it is advisable to consult with a legal professional who specializes in labor law. They can provide tailored advice and help you navigate the legal process.

For more information, you can refer to the [Portuguese Labour Code](https://dre.pt/dre/legislacao-consolidada/lei/2009-34546475) and the [Autoridade para as Condições do Trabalho](https://www.act.gov.pt/).

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified legal professional for advice specific to your situation.