Do you have to pay your employer back if they overpay you?

Do you have to pay your employer back if they overpay you?

Return of unduly received wages

It consists of the relationship or legal bond established between the person who receives what he was not entitled to receive and the person who pays by mistake and by virtue of which the collector is obliged to return what was unduly paid [AP Girona, Sec. 1.ª, of January 18, 2013 (SP/SENT/709513)].

In order for the action for recovery of the undue payment to be successful, the case law, among others the Judgment of the SC, First Chamber, Civil, of July 30, 2010 (SP/SENT/519539) requires the concurrence of three requirements:

If a certain and determined thing has been delivered, the general principle is that restitution in natura proceeds, i.e. the return of the certain body delivered. The same occurs if it is money or another fungible thing, although, in these cases, the return of the equivalent of what has been delivered and not the same thing will proceed, since the latter has been confused in the patrimony of the one who received it.

This is the general rule, but, subsequently, the scope of the obligation is qualified according to the good or bad faith of the person who received the thing. In any case, the determination of whether the person who received the wrongful thing has acted in good or bad faith is a matter to be determined in view of the circumstances of each case in relation to the error, which has to be essential and relevant.

What happens if the company overpays me?

You are entitled to the payment of: Three months’ salary for Constitutional Indemnity. Seniority premium (twelve days of salary for each year of service, taking as a basis for the payment of this benefit twice the minimum salary in force).

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What happens if I am double deposited?

In many other cases, the double payroll not only involves paying the difference in cash, but the expense is even carried by several social reasons; that is, while the “social” charge may be carried by one social reason (generally IMSS), the difference may be carried by others under another …

What if the payroll is wrong?

Fines and surcharges (for untimely payments)

If your company has a bad payroll management, it is prone to not comply with the liquidation of its taxes within the deadlines set by the SAT or if it is a miscalculation, the corresponding amounts could be paid, which would result in a tax debt.

If a worker breaks something, he/she has to pay for it.

You must attach in *.zip format file in digitalized form the withholding receipts with signature and seal of the issuer in which the ISR withholdings are recorded; supporting documentation of tax paid abroad; among others.

Withholding certificates, tax receipts of tax credits withheld or paid, payment receipts, etc., of the controlled and controlling companies, in the case of credited income tax.

Free writing in which it is stated “under oath to tell the truth” the reason for which it did not declare the amount in the table corresponding to the IMPAC in the tax return of the fiscal year in question, being obligated to do so.

Free writing in which it declares “under oath”, clarifications regarding the compensations applied by the taxpayer, because there are differences against the amount determined by the authority.

Proof of withholdings, tax receipts of creditable tax withheld or paid, payment receipts, etc., of the controlled and controlling companies; in the case of credited income tax.

What happens if I contribute with two employers?

In the Mexican Social Security Institute (IMSS) the two jobs will appear unified, that is to say, the two salaries of the two jobs will be added together and insurance will be deducted.

What are the chances of winning a lawsuit for unjustified dismissal?

Go to the Conciliation and Arbitration Board, either federal or state, depending on which area the company belongs to. Once you go to the Conciliation and Arbitration Board, go to the corresponding department to file a report where you will be assigned a public defender.

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What to do if you are late in paying your payroll?

In case of continuous delays, the employee will have the right to request the termination of the labor relationship with the right to compensation for unfair dismissal and unemployment benefits. This option has to be decreed by a judge, therefore, the employee will have to sue for it.

Overpayments can be deducted from the employee’s salary without asking for permission

EU means the 27 countries of the European Union, including Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, St. Martin (the French Antilles), the Azores, Madeira and the Canary Islands (but not the Faroe Islands). EU rules also apply to flights to and from Icelanden, Norwayen and Switzerland.

If you have presented yourself in time for check-in with a valid flight reservation and travel documents and you are denied boarding due to overbooking or operational reasons, and you do not voluntarily give up your seat, you are entitled to:

If you miss a connecting flight and arrive at your final destination with a delay of more than three hours, you are entitled to compensation. The compensation is calculated according to the length of the delay and the distance to your final destination.

If the new scheduled departure time is at least the day after the originally scheduled departure time, you are entitled to hotel accommodation and round-trip transportation between the airport and the accommodation (in case of an overnight stay).

What happens if payroll receipts are not stamped?

What happens if I do not stamp the payroll on time 2019? According to the Income Tax Law, if the stamped payroll is not done within the established date, you may be subject to the penalties established by the Tax Resolution in force.

What if I have two jobs at the same time?

It is known as moonlighting when a person is engaged in more than one job. … Having two or more jobs is not illegal, however, it represents extra obligations for the worker. First, you must inform both employers in writing that you are working in another company at the same time.

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What happens if a worker has two jobs?

If a person has two or more jobs, the law establishes that he/she can join the insurance for each of these jobs and make the corresponding contributions in each case, for a maximum taxable income of 122.6 Unidades de Fomento (UF).

What to do if the company overpaid me

The payment error occurs when the company pays its employee a different amount than the corresponding one. What happens when the employer overpays? As it could not be otherwise, the principle of contractual good faith obliges the worker to return the difference.

Although the worker agreed to repay such amount at the rate of 300 euros per month, the union and the company agreed that the payment should be 1050 euros per month. As the employee refused to make the payment under such conditions, the company sued her and, ten days later, fired her.

The case involves a Collective Bargaining Agreement whose art. 44.3 stipulates fraud or disloyalty in the employment relationship as a very serious offense, giving the employer the possibility of disciplinary dismissal of anyone who commits this offense.

In short, what the Murcia Supreme Court of Justice indicates in this decision is that the refusal to return the difference due to an error in payment is perfectly subsumable under the concept of breach of trust, prohibited by art. 54.2.d) of the Workers’ Statute.