Hi All, I have received a two-month excess salary from the employer after my resignation. They have come back after four months for the full and final settlement. If the amount is not returned, will any legal action be taken or not?
Regards,
K K
From India, Bangalore
Acknowledge(1)
Amend(0)
1Regards,
K K
From India, Bangalore
Acknowledge(1)Amend(0)
White Eagle has rightly suggested, you must pay back excess payment received by you to the ex-employer.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Going through your post regarding the excess salary received from your employer after resignation:
It seems that there was a lack of attention to detail, or you can term it as a human error that while processing the salary for active employees, your name was considered even though you had left the company.
If they have transferred your salary via the bank account that was opened by them during your joining, then they have valid proof that they made a payment to you, which can make their case more powerful in labor court.
Also, you should consider on humanitarian grounds the amount of pressure that person will be facing for wrongly processing your salary. My suggestion would be to pay back whatever amount they have credited to your bank account.
Regards,
Dev
From India, Mumbai
Acknowledge(0)Amend(0)
It seems that there was a lack of attention to detail, or you can term it as a human error that while processing the salary for active employees, your name was considered even though you had left the company.
If they have transferred your salary via the bank account that was opened by them during your joining, then they have valid proof that they made a payment to you, which can make their case more powerful in labor court.
Also, you should consider on humanitarian grounds the amount of pressure that person will be facing for wrongly processing your salary. My suggestion would be to pay back whatever amount they have credited to your bank account.
Regards,
Dev
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Chimmu, It is a human error. You have to pay back the amout the company, they can take legal action agains you. Definately court will also order the same. Its better you pay them. Regards, Amy
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
I have resigned and opted to fulfill my notice period, but I was refused by my manager as he wants me to be relieved as soon as possible. For the past two months, I have been receiving my salary, and my official relieving is still pending from the HR side. According to the email I received from HR, my resignation was processed on the day I resigned, but even after two months, my relieving is still pending, and my salary continues to be transferred to my account.
Kindly guide me on how to approach the resolution of this situation.
From India, New Delhi
Acknowledge(0)Amend(0)
Kindly guide me on how to approach the resolution of this situation.
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employee cannot escape recovery of excess payment SC 01.11.2013.pdf
CiteHR.AI
(Fact Checked)-The situation described indicates a delay in the relieving process and continued salary payments post-resignation. Seek clarification from HR on the status and follow up for a prompt resolution. (1 Acknowledge point)