Do I have to repay overpaid wages?

Questioner

I have been employed since March 15, 2021. From the first month my monthly salary was €2880 gross. Now I received a message from HR that they accidentally included my holiday pay in the salary and that my monthly salary should actually have been €2620 gross. They want me to pay back the difference (about €2700). Do I have to do this? On my pay slip the amount of €2880 is shown as gross amount (there is nothing about holiday pay and I simply paid tax on it). I could not have known that this was the wrong amount. If I refuse to pay it back, am I still entitled to holiday pay in May? They threaten to calculate it with 'what I have already received'.

Lawyer

You say that you could not have known this, but you do know what you normally earn gross and that the amount paid to you was more. In that case, you cannot claim good faith and you will have to pay back the overpaid amount or have it settled.

Questioner

I thought the gross amount was €2880 as it was listed as my gross salary on the pay slips from the first month.

Lawyer

And that was not known to you prior to the application and discussion of the salary and your employment contract. What is the gross salary stated on your employment contract, whether or not to be made by means of a calculation?

Questioner

The employment contract does not specify a monthly salary, only an annual salary of €34,000.

Lawyer

The question is whether you can derive your gross monthly salary from the information on the contract. And if you cannot or should have had doubts, you should have asked the employer to explain this further. For the receipt of funds, it applies that you are not quickly in good faith, a requirement to be able to keep it legally valid. In addition, a good relationship with your employer is of course also at stake.