Uk salary being credited instead of indian salary
engineer_it
(Querist) 09 November 2013
This query is : Resolved
Hi
My brother is working with a Multinational firm. Intially he was working in india then for some assignment he went to UK for 6-7 months.
Now after coming from UK he found that he is still getting credited with Uk salary in his uk bank account where as he should be getting indian salary.
On finding out why its happening he got to know that his manager by mistake gave wrong end date of his assignment in uk to payroll team so he will keep getting his uk salary for next 1 year instead of his indian salary.
As he was getting huge amount of money in his uk account he did not inform company about it.Now the queries are :
1) should he tell company about it?
2) If company gets to know on its own will he be fired or they can file a case against him as he did not inform them ?
3) wat are the ways by which he can safeguard himself and still keep the money?
4) can company file a case against him and ask him to return the money credited in his uk account over the period of mlast few months?
thanks for ur replies in advance
Sudhir Kumar, Advocate
(Expert) 09 November 2013
has he informed company in writing?
has he informed the bank in writing?
If no then how does he prove that he is not willingly a party (by default) to excess payment.
engineer_it
(Querist) 09 November 2013
He has not informed company or bank in writing that he is getting excess payment.
however his manager made a mistake in writing
a date in which instead of year 2013 he mentioned 2014,therefore he is being given uk salary instead of indian salary.
its the mistake of his manager and finance department of the company
Raj Kumar Makkad
(Expert) 09 November 2013
1. Yes.
2. No case can be filed against your brother on that account as this is not his mistake.
3. Greed with free legal advice??????????
4. Yes.
Raj Kumar Makkad
(Expert) 09 November 2013
Money wrongly credited should immediately be returned by your brother to his employer failing which all possible actions may be initiated by the company against your brother.
engineer_it
(Querist) 09 November 2013
what kind of actions?
1) legal action?
2) can company stop his relieving letter in case he resigns without paying the money back?
3) as this money is credited in uk account ,is'nt dis case will fall in uk judiciary?
he is ready to take paid consultation if by some way he can safegurded without paying the money back.
Kumar Doab
(Expert) 09 November 2013
Learned experts have given enough valuable advice. Kindly follow it.
There are judgments in UK that “No time limit for employers to recover overpaid wages“
The employer can sue you. The lawsuit may be expensive and its implications may be highly penultimate.
There are publications hinting that If the employee is not amenable………………….. next option is to sue the employee for the overpayment…………………… debt collection agencies may be hired to recover the overpaid amounts.
The company shall without any doubt insert the proceedings in personnel file.
Rest is up to you.
R.K Nanda
(Expert) 10 November 2013
nothing more to add.
Sudhir Kumar, Advocate
(Expert) 10 November 2013
he has not informed company in writing he should do so today. He is just taking advantage of the mistake (or deliberate action in connivance) of other person.
Since fraud has taken in UK FIR can be filed against both in UK and since wrongful benefit is being derived in India FIR can be made at India against both. In either case he has to face police.
If company gives FIR against both then he will be in hot soup.
Sudhir Kumar, Advocate
(Expert) 10 November 2013
you said
"he is ready to take paid consultation if by some way he can safegurded without paying the money back."
This itself indicates a suspicion that the money is derived by him by connivance.
engineer_it
(Querist) 10 November 2013
Thanks experts.i have advised my brother to inform his company asap.
V R SHROFF
(Expert) 10 November 2013
Honesty is the best policy.
Few Rupees may harm in any other matter, connected to employer.
Kumar Doab
(Expert) 11 November 2013
It is heartening to note that there are citizens that shall follow the right piece of advice.
malipeddi jaggarao
(Expert) 12 November 2013
Advice well received.
Mr.Engineer_it, the mistake is on the part of another employee. If your brother search for an escape route, first thing the company will do is to take action against that employee. When the mistake is unintentional, he should not suffer for the benefit got by somebody which he is not entitled to.
Please impress upon your brother to inform his company asap.
Phani Kumar. D
(Expert) 18 November 2013
What Malipaddi Jaggarao said is right.
