• Overpaid by employer due to their process flow

I was on deputaion in Norway for 18 months then i have been transfered back to India and I have followed the company defined process from my side during the transfer. But due to somr flow in the system my transfer was not done in the company system and I was continued to get the Norway salary for 10 months. Now my employer transferred me to India into his system and now askef me to pay the overdue salary which was paid to me in Norwegian salary. What is my rights here. Should I return the Money or I can challenge them and say no to repayment.
Asked 8 years ago in Labour

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4 Answers

You should return the money as you were transferred to India

Due to system flaws in accounts you were inadvertently paid salary of Norway for 10 months

3) you cannot refuse to return the money

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The excess salary paid to an employee by mistake can be recovered from him in accordance with the rules framed by the employer in this regard. If there are no rules framed to deal with a situation of this kind then the process has to be compliant with principles of natural justice.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since this is not your mistake you may not accept the liability, however if you do not want to rub shoulders with the company, you may agree to deduct the excess paid in installments so that it do not cause you financial problem.

The cooperation with your company may keep you secured to the employment and the future prospectus

Dont take any decision in haste, analyse pros and cons before deciding any harsh decision.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

You can obviously challenge it and say no as their is clear law with this regards that if extra money has been credited to your account due to the fault of the employer then you are not liable to pay the same (though these judgement are in relation to the government employees but extends to private parties also in some cases).

Therefore you are not bound to pay back the money, though as a good gesture you can enter into a compromise with him.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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