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Based on this question, where the OP was asked to pay back parts of his salary in cash: I have a hard time imagining any legal reason why an employer could ask back parts of already payed salaries. Maybe if he accidentaly payed too much, or if he had granted an advance, but certainly not just because the employement contract was terminated (for whatever reason)? Even if the employee gets fired for serious missconduct, the salary is IMHO still owed, but he may later be sued for the damage caused. And none of this would happen in cash, even though paying salaries in cash is apparently still legal (but very uncommon in Germany).

Am I missing something here, or does this really look like a serious tax evasion or money laundering attempt (pay €8000 by bank transfer, note it as business expense and then get it back in cash without receipt)?

PMF
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2 Answers2

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The only legal base for asking back salary is an error in transferring it in the first place. If the employee was not entitled to it, and the employer transferred it by mistake, the employee has to give it back.

Obviously one can have financial obligations to the employer. Lets say my employer offers a subsidized public transport ticket, where I pay half and my employer pays the other half, then they might keep that half of it from my salary and give me the ticket. Another example is an agreement to pay back parts of the training costs, if an external training was attended that the company paid for, but the participant leaves the company soon after. But that is all written down in the contract, known to accounting and tax authorities etc.

"Give me part of your salary back, in cash, without notifying accounting or tax authorities, or I will end your contract" would be a whole marching band of red flags and illegal on multiple levels. That sounds more like an exam question where law students can write pages over pages what laws and norms have been violated, because it is so wrong on so many levels, it's absurd.

nvoigt
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When would it be legal to ask back (parts of) the salary?

An employer is entitled to recover overpaid salary.

If agreed to in the employment contract, an employer may also be entitled to recover what is known as a "training bond." This is an amount of salary equivalent to the expense of training the employee, if the employment ends before a minimum period of time.

Jen
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