Enforcement & bankruptcy · Legal information

What Is Read If the Employer Miscalculates the Wage Deduction?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the employer miscalculates the wage deduction, the documents that are read are the deduction item on the payroll and the attachment writing. If the two lines do not match, the correction is rebuilding the amount according to the file in the writing. This mismatch does not write the deduction-rate guide again. A rate is not in this text.

Erasing the deduction item from the payroll, completing the shortfall by hand, or leaving the whole of the wage as if the writing never came, is not a correction. The burden when the writing first came to the employer is under a salary attachment came to the employer. The frame of the limit is under the deduction rate. This text only separates a wrong calculation and a deduction that is hidden. A block at the bank is not a copy of this wage line either. The record that came to the account is under my bank account was attached.

The payroll line is separated from the writing

The deduction item on the payroll is the line that reduces the wage that reaches the employee’s hands. In the item, the period, the employee’s identity, and the name of the deduction are looked for. The attachment writing is the order the enforcement office sent to the employer. The debtor’s identity, the file number, and which file the money will go to are looked for in the writing. If the payroll amount is not standing in the same sentence as these lines, the calculation is not treated as finished. The employer does not decide from the payroll difference whether the debt arose. If the name in the writing and the name on the payroll do not match, the amount is not treated as drawn from the right person.

If there are two employees of the same name, the item is not entered before the identity matches. The identity is read from the debtor line in the writing and from the register, or a similar distinguishing record, on the payroll. An item entered against the wrong person does not close the balance of the right file. A wage that was never deducted from the right person is not treated as closed by the wrong person’s line either. Correction is not silently making the wrong line disappear. Which identity, and which file, it was deducted against appears on the payroll and the receipt. An item that does not appear is not a corrected calculation.

The gross line of the wage and the line of what is received in hand are not the same item either. The employer does not think the gross amount is the amount the writing asked for, and set the whole of the wage received in hand aside for the deduction. The limit is read from the writing’s own text and from the wage line of the payroll. The number of the limit is not written into this text. If the writing does not say to deduct an item outside the wage as well, that item is not added to the attachment line. An item that is added is a second calculation that does not match the writing.

An excess and a shortfall do not produce a fraction

Even if the writing says to deduct the whole of the wage, the employer does not raise the limit the Act drew, and announce a new fraction. The number of the limit is not here. The amount deducted in excess cannot be said to have been returned by being kept waiting in the employer’s till. If the excess money went to the file, taking it back is spoken of by reading the file record and the payroll side by side. An excess that did not go to the file stands on the payroll as a line deducted from the employee’s wage. That line is not treated as closed before it is erased. A short amount is not closed as if the item had never been written either. The shortfall is completed on a later payroll according to the writing. Completing is not announcing the previous month’s wrong figure as a new fraction.

The kind of claim can change the limit. The order of a maintenance writing and a writing for an ordinary claim is not a list the employer memorised. It is the own record of the writings in hand. The number and the order of the kind are in the article on the rate. This text reads which writing the single amount on the payroll does not match. The employer does not deduct a maintenance writing like a writing for an ordinary claim, or the reverse, by the employer’s own shortening. Which writing will come first is read from the kind line of the writings in hand. If there is no kind line, the employer does not invent a kind. An invented kind does not make the amount on the payroll right.

If one month was deducted in excess and the next month short, the two months do not silently cancel each other. Each period’s payroll is read with that period’s writing and receipt. The employer does not balance the month that was deducted in excess by not deducting at all in the next month. Balancing mixes the trace of the money that went to the file. Once the trace is mixed, which month went to which file does not come out of the payroll. A trace that does not come out does not mean the calculation was corrected.

Erasing the line is not a repair

Correcting the wrong amount is not removing the deduction item from the payroll entirely. If the item is erased, the wage that reaches the employee’s hands increases, and the trace of the money that went to the file is lost. A lost trace appears as if the attachment had lifted. The employer does not hide the deduction in order to favour the employee. Changing the name of the item, taking the line under another heading, or not showing it at all on that month’s payroll is hiding as well. The hidden amount opens a debate on the money that should have been deposited in the file. The amount is not a figure in this text. The repair is that it appears on the payroll and the receipt that the item was rebuilt according to the file in the writing.

A difference given by hand does not take the place of the attachment item on the payroll either. A payment by hand does not close the attachment if it is not collection entered in the enforcement file. Even if the employee says “I paid”, the employer does not treat the item as absent before a lifting writing comes from the office. Whether the payment passed into the file is not the silent decision of the payroll correction. The employer does not count the employee’s word as the writing being taken back. Money the employee brought by hand is not the closing document of the deduction line if it is not standing on the receipt with the file number.

The employer does not pay the employee separately the wage of the month that was deducted wrongly, and drop the attachment item from the payroll. A separate payment does not show in the file the money that should have gone to the file. Money that is not shown is not told as if the attachment had lifted. Writing “there is no deduction” on the accounting slip does not mean the office writing was taken back either. Taking it back is the office’s lifting writing. Before that writing arrives, the payroll is not turned into a period without a deduction.

Which file the receipt went to

The money that was deducted goes to the enforcement till, or the account, shown in the writing. If there is no file number in the explanation, the money is not treated as having gone to the right file. A transfer that went to another file, or to the creditor’s personal account, does not drop this attachment. An amount that went to the wrong account is not left on the payroll as if it had been deducted correctly. The first line of the correction is which file the receipt was tied to. The name on the receipt should be the same as the debtor in the writing. If the name differs, this employee’s attachment is not treated as closed even if the money went.

A partial deduction does not mean the debt is finished. The deduction does not stop of its own accord before a file-closing writing arrives. The employer does not lock the later months to the same wrong amount because one month was deducted wrongly. The later payroll, the writing, and the earlier receipt are read side by side. If the earlier receipt went to the wrong file, the later month is not continued by copying that wrong file. The new receipt carries the file in the writing. Loss of the writing is not a ground for stopping the deduction. The result of the lost paper is not the subject of this text. What is read here is that the writing in hand and the payroll do not match.

If there is more than one workplace, or more than one payroll period, each period carries its own receipt. If a bulk transfer does not show which month belongs to which employee, that transfer is not treated as having closed this attachment. The employer writes the explanation that separates this file from inside the bulk receipt. If there is no explanation, the item on the payroll is not accepted as having reached the file. Reaching is read from the file line of the receipt matching the office’s collection record. If there is no match, the employer does not announce the file as closed because “I deducted it on the payroll”.

A second writing does not fold the first item

If two attachment writings came for the same employee, each writing carries its own file. The second writing does not fold the first item of its own accord. The employer does not add the two amounts and produce a new fraction on a single line. Each item stands separately on the payroll with the identity and the file of the writing it belongs to. If they do not stand separately, what went to which file does not come out of the receipt either. A separation that does not come out does not mean both attachments were deducted correctly.

If one writing has lifted and the other is standing, the item of the writing that lifted is not added to the amount of the writing that is standing. Lifting is read only for the file whose lifting writing arrived. The other file stays on the payroll as long as its own writing is standing. The employer does not close the wrong amount of one writing by counting it as the share of the other writing. Closing appears on each file’s own receipt. If the payroll, the writing, and the receipt are together, the three records can be read side by side through contact. The reading does not write the deduction rate again, and it does not erase the item from the payroll.

Conclusion

In a wrong wage deduction, the records that are read are the payroll item, the attachment writing, and the file number on the receipt. The mismatch does not have a new rate written. The deduction is not corrected by erasing the line, or by completing it by hand. The frame is on the enforcement and bankruptcy law page. The basis is the provisions of the Enforcement and Bankruptcy Code No. 2004 on attachment of the wage.

Legislation

Frequently asked questions

If the payroll and the attachment writing do not match, is the rate written again?

No. The mismatch is the deduction item on the payroll and the file in the writing being read side by side. A new fraction is not added to this text. The place of the frame is the article on the deduction rate. The employer does not close the mismatch with a number the employer produced.

Is erasing the short amount from the payroll line a correction?

No. Erasing the line does not complete the short amount into the file. The wage that reaches the employee’s hands increases, and the trace of the record that went to the file is lost. Correction is showing, on the payroll and the receipt, according to which file the item was rebuilt.

Does the money that was deducted in excess wait in the employer’s till?

The excess amount is not a private till the employer holds by saying “I corrected it”. If the money went to the file, the return is spoken of by reading the file record and the payroll together. The employer does not give the excess to the employee by hand and treat the attachment line as absent.

If there is no file number on the receipt, is the payroll treated as correctly deducted?

It is not. The money that was deducted should go to the file shown in the writing, and with the file number in the explanation. A transfer that went to another file, or to the creditor’s personal account, does not drop this attachment. The item on the payroll is not accepted as correct without a receipt.

If the employee paid the difference by hand, is the deduction line hidden?

No. A payment by hand does not take the place of the attachment line if it is not collection entered in the enforcement file. The employer does not remove the deduction from the payroll on the employee’s word. Removal is not made by hiding before the office’s writing arrives.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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