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Else will be governed by Section 7(3) of the Payment of Wages Act, 1936 and in that case deduction cannot exceed 50 percent of the wages.
The general rule is that if an employer has overpaid an employee, the overpayment of wages should be repaid even if the mistake was the employer's. In other words, the employer is legally entitled to recover any salary overpayment from the employee.
Recovered salary is the state-supplied salary and benefits that is replaced by salary and benefits derived from grants and contracts.
Salary in advance is a benefit where an employee can request the employer pay a part of their salary earlier. It is not a loan and, thus, is not taxable. The borrower does not need to pay any interest on the received amount. In addition, they do not have to pay back the received amount to the lender.
The employer has the right to reclaim overpaid wages even if the employee has left the company. However, if the employee has already left, it can be more difficult for employers to recover any overpayments. Action should be taken quickly in case the final salary payment has not yet been made.