LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rohit Katyal (NA)     31 July 2011

Company credited extra money on my salary account

Hi All,

3 Months back i have joined a new company, on my first month salary in one of my salary componets they have put extra money. So on my first month salary i got two lacs extra, the same repeated on the next month. I know i should have raised an alarm with my hr, as the old saying goes "an open purse temps the saint" i choose not to raise it with them and keep the money for some time and if they ask i may return them, since they didnt ask me anything for two months, i have spent 2 lacs in it, now they have found out and asking me to return the money at one go. I know i have to return, but i cant return them in one go.  What actions they can take against me if am not able to return in one go and in case if i wanted to return in 6-1 yr time will that be possible. Or if they go for a settlement with me forefeiting some amount i am ready to do it. As i am still emplyoeed with the company i dont know if they will keep me with them or terminate me. Please sugest if i have to go to the court will i be convicted, Also on the appointment letter, they have never mentioned if any extra money is credited i have to return it or something.. Please advise



Learning

 11 Replies

Kumar Doab (FIN)     31 July 2011

You are in the employment of the company.You should return the excess amount asap,without inviting a memo or notice.It can be recorded in your personnel file.

It is doubted that courts can help. Such things need not to be stated in appointment letter.Company must have stated in your appointment letter that you need to serve with absoloute honesty and integrity.

You can try with HR for instalments, and pledge to return the excess amount with in a specified time agreeable to company. Chances of agreement seems to be rare.

Rohit Katyal (NA)     01 August 2011

What if they dont agree for installments, can i take it to the court and ask for tme. For sure i wanted to return but i need time

AAK (Advocate)     01 August 2011

I suggest dont give anything in writing that "you have spent that amount knowing full well that the excess amount was credited in your account". Your stand should be that  you were not aware of the fact that the excess amount was credited in your account and you have utilised the amount in good faith/bona fide intention presuming the same is  your salay/bonus/allowance/reward..

Kumar Doab (FIN)     01 August 2011

Learned Mr. Ajit has given valuable advice. Kindly follow it.

Arrive at an agreement to return in specified time.

Rohit Katyal (NA)     15 November 2011

Hi Everyone,

Thanks for your reply. I talked with the HR, and agreed to return the money. I have returned half of the amount and the rest was agreed to be deducted from my salary every month for 12 months. Everything was agreed on word of mouth nothing was received by me or given to them in writing. The HR guranteed that my growth aspects within the company will not be affected due to this, as i had an intention of paying them back. Eventually the immediate managers and bosses who were close to the hr started playing their part. Since i was in a middle management postion, i was not called for the meetings which use to happen daily. I was given unusual work and they striped me of responsibility of which i was hired for. They stated that the business from the client is not going well so they have to restructre the fresh work force and they felt i am man who can deliver their deliverables. I took it as a challenge and started working on the fresh hires for a month. The management started compalining that am incompetant and the clients were not happy wth my work. However i was meeting 70% of the targets which was set by the clients for new hires. However the picture was diffrent for other peers in my team who were not even meeting their basic targets still they were not questioned. This made me to think that the senior management is playing good cop bad cop analogy with me. Without serveing any resignation, i stopped going to work, stating am not liking the way company works. The hr got in touch with me and i informed the same, and i informed them, as agreed i will pay their balance amount in instalments.  They asked me to give this in wirting for which i declined. Before paying the second month installment, they have sent me a written notice, if i didnt pay their money back in 10days, they will slap me with legal procedings. After receiving the letter i havent payed any installment yet. 15 days are over and i expect they will file a case against me. Please advice?????/

Rohit Katyal (NA)     15 November 2011

Also all payments were done on bank transfer which i have a copy of the statements

Kumar Doab (FIN)     15 November 2011

You should not have stopped going to office without availing leave. The company can declare you absconding and terminate you Then you still have to tender the shortfall in excess payouts to you.

The notice already sent to you or legal notice to be sent to you shall become part of your personnel file. Company is asking you to return, probably the principle amount only.

You shall require work experience/service certificate, relieving letter from company. Company can post adverse comments in your relieving letter. You may have to face reference check for your employment.

The matter posted by you is HR domain and you should meet your superiors and with their help settle it amicably with HR, and avoid blot on your career.

 

radha krishna (vp-hr)     16 November 2011

More than legal process/implications of recovery or returning the excess money-it is the matter of integrity of an employee.

Let's look in othe way:- If the employee receives less salary what will he do? Will he keep quit till HR identifies and remitts the same?

If HR has settled the issue by accepting the part of amount, you should not have stopped attending office. Proving integrity is a complex and tough matter. Once employees coubt about the intergrity, definetly, managers will avoid involving such employees in key issues/may not depend on them.

Legally also, I feel you are on wrong side.

As suggested by one of our friends herein, I also suggest you should try to comeout of the problem in an amicable way so that it will not spoil your career.

kameswarao S (Head HR)     16 November 2011

I totally agree with Mr.Radhkrishna, in the first instance itself you would have informed to HR and even after the second time also you have not bothered but they acted very professionally and agreed to recover in instalments as required by you.  The case comes under loss of confidance hence they might have ignored you.

More over you yourself stopped attending duties and this comes under absconding with malified intention as you have to pay the money. The yave every cause to initiate civil & criminal action on you and it affects your career. Not only the management but even your colleagues won't accept you hence it is better to return their money, submit your resignation and collect all related certificates like relieving / service etc.

To my knowledge and basing on your inputs the management & even HR seems to be good because they reciprocated in a positive manner. Pl;. don't spoil your future.

Regards - kamesh

Sudhir Kumar, Advocate (Advocate)     18 November 2011

You are lucky to be a private employee and still in service with lacks of extra payment.  had you been in Govt, got extra salry ,retained it, and not willing to refund the they would have thworn you out and given FIR as well.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

If they throw you out on the ground of total loss of faith. They will be justified. First fault is of your accounts deptt and later fault is yours and you hd the last opportuinity to prevent loss of company.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register