What can I do if my employer overpays me?

What can I do if my employer overpays me?

What if my employer overpays me

On some occasions, there may be problems in the collection of wages. And it is possible that the company is going through some difficulties and can not pay the salaries to the employees, although there are also situations in which bad business practices are carried out that hinder the total or partial collection of the agreed salary. These are situations that, obviously, worry the employee a lot because he has to face with the monthly salary the payment of the rent of the apartment or mortgage, in addition to the receipts of basic services such as electricity or water and, of course, the food. If you are in this situation, you are probably wondering: what do I do if my boss does not pay me? From unCOMO, we are going to explain what you can do to solve this situation as soon as possible.

Whenever the worker has complied with the conditions of the employment contract and the company does not pay the payroll, one of the claims that have to be made are the amounts owed or pending payment.This can apply to both the entire salary and a part of it and the amounts to be received for working on holidays or extra days. In addition, it is not necessary to have a minimum amount to be able to initiate this way of claim in which you have to follow several steps, always from the sixth day of the month following the one in which you should have been paid and without stopping working:You may also be interested in this other article of unCOMO on What to do if my boss does not pay me my severance pay.

What happens if the company overpays you?

What happens when the employer overpays? As it could not be otherwise, the principle of contractual good faith obliges the employee to return the difference. Refusal may be punished by disciplinary dismissal, which is supported by the doctrine.

Read more  How can I access my payslip online?

What can I do if my employer does not pay me?

The first option is to go to the labor inspector for advice. You have two alternatives: to file a complaint for non-compliance with the obligations or to reconcile with your employer the payment terms and indemnities.

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 to do if a contractor does not pay me

The payment error occurs when the company pays its worker 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.

How long does the employer have to pay the salary?

The period within which the employer pays the salary.

Once the payment period has been defined, the employment contract usually defines the deadline for payment, which may be the 15th, or the last day of the month, or even the first 5 days of the following month.

Why haven’t I been paid my fortnight’s salary?

If you have not received your salary, you can complain to the company. If your employer does not give you the reasons for the delay, we recommend the following: Request it in writing: The first step would be to send a letter to the company, by letter of abandonment of work or by e-mail, to demand the payment of the salary.

Read more  Is Zoho payroll good?

How many days does a company have to pay wages?

Once the aforementioned periods have expired, the employer has a term of four working days to pay salaries for monthly or fortnightly employees and three working days for weekly employees.

Where can I report my boss who does not pay me?

Every worker has the right to be paid for his work. In this sense, the law establishes that: “the settlement and payment of wages shall be made punctually and documented on the agreed date and place or in accordance with customs and practices” (Law of the Statute of Workers – TRLET), but sometimes there are companies that do not pay their employees or do not do so in a timely manner, for whatever reason.

In this first case, the Ministry emphasizes first of all that in order for there to be a dismissal, some previous steps must be taken: the company must communicate in writing that the worker will no longer be part of the company, and the reasons for such decision as well as the date on which the dismissal will be effective must be stated. In the case of dismissal for objective reasons, the amount of the corresponding indemnity must be stated in the written communication and must be made available to the employee at the same time as the written communication is delivered, unless this is not possible, in which case the reasons for the impossibility of payment must be stated in the written communication. It is essential that the employee be given the letter of dismissal, otherwise the employee should continue to go to work, since, otherwise, the company could allege abandonment of the job. To avoid the above, in the event that the employee is verbally dismissed and, therefore, is not allowed to go to work, he/she should send the company a letter by burofax requesting the ratification of the dismissal in writing. If this burofax does not receive a response from the company, it will constitute proof of the verbal dismissal for the employee in a dismissal proceeding.

What does Article 82 of the Federal Labor Law say?

Article 82. – Salary is the remuneration to be paid by the employer to the worker for his work. Article 83. – The salary may be fixed by unit of time, by unit of work, by commission, at a fixed price or in any other manner.

Where to report your boss if he doesn’t pay you?

A complaint to the labor inspectorate can be very effective when the company does not pay because it does not want to and as long as the amount is not debatable. That is, when it has money but does not want to pay the payroll or the amount owed.

Read more  Do NHS staff get mortgage discounts?

What are the salary deductions authorized by law?

The discounts established by law are: 4 percent of salary for health care, 4 percent for pension and the percentage corresponding to the Pension Solidarity Fund for those who earn four or more minimum monthly salaries in force.

My employer does not pay my salary

The first option is to go to the labor inspector for advice. You have two alternatives: to file a complaint for non-compliance with obligations or to conciliate with your employer regarding payment deadlines and indemnities.

However, they are only conciliators. But the one who will order the payment of the debt is the Labor Judge, before whom you will have to file a lawsuit, if you do not manage, following the regular procedure, to reach an agreement with your employer. If there is no Labor Judge in your place of residence, you can go before a Civil Judge of the Circuit.

If at the end of an employment relationship, your employer does not pay you, in addition to your salary, the corresponding settlement -according to the type of contract-, you have the right to claim a sum of money, for what is also called “lost wages”: an indemnity payable by the boss or employer, which consists of paying the value of one day’s salary for each day of delay in the payment of salaries and benefits.

If you require more information or advice on the procedure to obtain the payment of your wages or social benefits, or you do not have enough money to hire a lawyer, you can go to the Personería, Defensoría del Pueblo, Inspecciones de Trabajo, Casas de Justicia or Consultorio Jurídico of your municipality.