Payslip Dispute

[JohnJuniorV3]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

 

[Snyper564]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

If I'm not mistaken they can claim it back, you should have raised it earlier. The only time it would be in your favor is if it was on the contract. The contract is the lower amount as per the contract.

 

[ld13]

Interesting one, in terms of the BCEA:

34. Deductions and other acts concerning remuneration

(1) An employer may not make any deduction from an employee’s remuneration unless -
(a) subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or
(b) the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.
(2) A deduction in terms of subsection (1) (a) may be made to reimburse an employer for loss or damage only if -
(a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss or damage; and
(d) the total deductions from the employee’s remuneration in terms of this subsection do not exceed one-quarter of the employee’s remuneration in money.
(3) A deduction in terms of subsection (1) (a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods.
(4) An employer who deducts an amount from an employee’s remuneration in terms of subsection (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award.
(5) An employer may not require or permit an employee to -
(a) repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or
(b) acknowledge receipt of an amount greater than the remuneration actually received.

 

[Kosmik]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

Legally yes. They could also just deduct a few small amount to recover it . However, it needs to also adjust your tax as well.

 

[Snyper564]

Legally yes. They could also just deduct a few small amount to recover it . However, it needs to also adjust your tax as well.

Yup, I have heard some horror stories tho dbl salaries etc too

 

[Snyper564]

Interesting one, in terms of the BCEA:

34. Deductions and other acts concerning remuneration

(1) An employer may not make any deduction from an employee’s remuneration unless -
(a) subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt specified in the agreement; or
(b) the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.
(2) A deduction in terms of subsection (1) (a) may be made to reimburse an employer for loss or damage only if -
(a) the loss or damage occurred in the course of employment and was due to the fault of the employee;
(b) the employer has followed a fair procedure and has given the employee a reasonable opportunity to show why the deductions should not be made;
(c) the total amount of the debt does not exceed the actual amount of the loss or damage; and
(d) the total deductions from the employee’s remuneration in terms of this subsection do not exceed one-quarter of the employee’s remuneration in money.
(3) A deduction in terms of subsection (1) (a) in respect of any goods purchased by the employee must specify the nature and quantity of the goods.
(4) An employer who deducts an amount from an employee’s remuneration in terms of subsection (1) for payment to another person must pay the amount to the person in accordance with the time period and other requirements specified in the agreement, law, court order or arbitration award.
(5) An employer may not require or permit an employee to -
(a) repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or
(b) acknowledge receipt of an amount greater than the remuneration actually received.

Well that's clear pay back the money...

 

[rh1]

1. Your contract and letter of increases will determine your salary.
2. It will also indicate the total cost to employment or if you receive a basic salary plus any benefits. Most companies are Total Cost to Employment

3. Do you have an accountant friend? They nice to have for this type of situation. Otherwise you going to have to try to reconcile yourself.

They are claiming that they paid you extra? What evidence do they have? As you stated your payslip nett pay agrees to your salary paid.

 

[rh1]

Interesting one, in terms of the BCEA:

34. Deductions and other acts concerning remuneration
(5) An employer may not require or permit an employee to -
(a) repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or
(b) acknowledge receipt of an amount greater than the remuneration actually received.

Seems to be answered here. However, I would still ask them for the calculations where they suddenly claimed they made an error.

 

[WAslayer]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

What I am understanding you mean to say, that the money you receive paid into your account as your salary, is as per the payslip..?

If so, that's to be expected and does not mean that you are entitled to the additional amount added by your employer..

They are allowed to claim it back and if you don't pay it back, it's known as unjustified enrichment and is a potential criminal offence..

 

[Kosmik]

Seems to be answered here. However, I would still ask them for the calculations where they suddenly claimed they made an error.

As stated, contract amount vs payslip

 

[rh1]

What I am understanding you mean to say, that the money you receive paid into your account as your salary, is as per the payslip..?

If so, that's to be expected and does not mean that you are entitled to the additional amount added by your employer..

They are allowed to claim it back and if you don't pay it back, it's known as unjustified enrichment and is a potential criminal offence..

Not sure if this is what he is saying.

Nett Pay on Payslip says 10k pm. Salary in Bank Account = 10kpm.

To expect most people to understand how tax is calculated, deductions, allowances etc. is a bit much. Most people just look at the payslip and see if it is reasonable.

 

[JohnJuniorV3]

So I do agree after reading the employment act it seems as if I do owe the money back, correct?

My payslip states a certain amount nett pay and I receive that as per the payslip, however it is not in accordance with my contract as I have received a raise (of which was a verbal agreement) twice.

I do also work overtime, of which in my contract states it may be needed, however working 50+hours a week (including a Saturday) with no lunch break and these hours are not compensated.

I am a bit sour as they are in breach of the employment act in many regards and the accountant has made an error with the payslip to include a travel allowance of which I use my employers card to pay for fuel.

 

[JohnJuniorV3]

Legally yes. They could also just deduct a few small amount to recover it . However, it needs to also adjust your tax as well.

Would I then need to resubmit my IRP5 for the previous 2 years?

 

[hellfire]

So I do agree after reading the employment act it seems as if I do owe the money back, correct?

My payslip states a certain amount nett pay and I receive that as per the payslip, however it is not in accordance with my contract as I have received a raise (of which was a verbal agreement) twice.

I do also work overtime, of which in my contract states it may be needed, however working 50+hours a week (including a Saturday) with no lunch break and these hours are not compensated.

I am a bit sour as they are in breach of the employment act in many regards and the accountant has made an error with the payslip to include a travel allowance of which I use my employers card to pay for fuel.

Have you raised those grievances with your employer?

 

[Snyper564]

Have you raised those grievances with your employer?

this - they are two different conversations. Get the money issue sorted out then raise your issues with appropriate manager/hr etc.

 

[RedViking]

Good evening,

I am having troubles at work whereby my payslip that has been issued for the previous two years had an additional amount added each month (small nonetheless) and my employer has realised the mistake via the accountant. They are requesting I pay the monies back. Is this legally allowed? I do understand if I was overpaid and my payslip indicated a different amount, however the money I receive each month is in accordance with the payslip.

Any advice would be appreciated

Yes. It is your responsibility to inform the company that you received more than what your were supposed to receive, and of course pay back what is not rightly yours, even if in error. In fact your contract should state it somewhere as well.

If someone accidentally pay a million rand into your bank account, does it belong to you? No.

 

[RedViking]

So I do agree after reading the employment act it seems as if I do owe the money back, correct?

My payslip states a certain amount nett pay and I receive that as per the payslip, however it is not in accordance with my contract as I have received a raise (of which was a verbal agreement) twice.

I do also work overtime, of which in my contract states it may be needed, however working 50+hours a week (including a Saturday) with no lunch break and these hours are not compensated.

I am a bit sour as they are in breach of the employment act in many regards and the accountant has made an error with the payslip to include a travel allowance of which I use my employers card to pay for fuel.

Take a step back. For a second remove emotions from it.

What do you think is the right thing to do? Your company is still an entity which can't afford to make unnecessary losses. It is to your best interest for the company's books to balance. Do you feel entitled to the money? Why?

Maybe make arrangements to pay it back, as it was an error from both sides. But do also see it from a different perspective.

The other stuff that you feel is an issue is unrelated to this issue. But do sort it out as well if you not happy. However don't use it as an excuse for something that might have clearly been an error.

The accountant might lose her/his job as well if this becomes a big issue.

 

[Azbubu]

So I do agree after reading the employment act it seems as if I do owe the money back, correct?

My payslip states a certain amount nett pay and I receive that as per the payslip, however it is not in accordance with my contract as I have received a raise (of which was a verbal agreement) twice.

I do also work overtime, of which in my contract states it may be needed, however working 50+hours a week (including a Saturday) with no lunch break and these hours are not compensated.

I am a bit sour as they are in breach of the employment act in many regards and the accountant has made an error with the payslip to include a travel allowance of which I use my employers card to pay for fuel.

You’re making confusion. Does the new salary match the raise that was verbally agreed to?

 

[myBBexpert]

Pay back the money

 

[Bunta]

I would negotiate with the Employer to pay it back over the same amount of time that they paid it to you.