Payslip Dispute

Its only fair that you pay back the amount but its also fair that you get time off work, travel and accounting fees to fix their mistake and rectify your SARS standing.
 
JohnJuniorV3 said:
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.
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These are two different issues, and cannot be combined. If you have a contract amount and you've been overpaid on that amount, you need to pay that back to the employer and speak to your accountant about a revision submission to SARS. You should have picked this up the first month it happened. If you invert the situation and assume they underpaid you - surely you'd have picked that up no?
If you are working through lunches and overtime unpaid, that's a separate issue that needs to be flagged with HR and compensated for.
 
The Darkness said:
These are two different issues, and cannot be combined. If you have a contract amount and you've been overpaid on that amount, you need to pay that back to the employer and speak to your accountant about a revision submission to SARS. You should have picked this up the first month it happened. If you invert the situation and assume they underpaid you - surely you'd have picked that up no?
If you are working through lunches and overtime unpaid, that's a separate issue that needs to be flagged with HR and compensated for.
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not compensated its all about what you negotiate. Cant say hey pay me for something that wasnt agreed overtime is only a given below R350k or something like that.
 
The Darkness said:
These are two different issues, and cannot be combined. If you have a contract amount and you've been overpaid on that amount, you need to pay that back to the employer and speak to your accountant about a revision submission to SARS. You should have picked this up the first month it happened. If you invert the situation and assume they underpaid you - surely you'd have picked that up no?
If you are working through lunches and overtime unpaid, that's a separate issue that needs to be flagged with HR and compensated for.
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100% I do agree. It is a little confusing as I do get compensated for travel costs, however not in my salary apparently, hence the mistake that was made by the accountant. Yesterday was just an unfortunate day.

Unfortunately it’s a small business with no HR, only my boss is senior to me.
 
Snyper564 said:
not compensated its all about what you negotiate. Cant say hey pay me for something that wasnt agreed overtime is only a given below R350k or something like that.
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I believe overtime is only given for those who earn under R204 000. So it would not apply to my situation. I don’t have a standing here unfortunately.
 
B-1 said:
Its only fair that you pay back the amount but its also fair that you get time off work, travel and accounting fees to fix their mistake and rectify your SARS standing.
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Hopefully my boss is considerate of your suggestions lol
 
JohnJuniorV3 said:
I believe overtime is only given for those who earn under R204 000. So it would not apply to my situation. I don’t have a standing here unfortunately.
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Well all you can do is neg for future payment, say no or accept status quo
 
Snyper564 said:
Yup, I have heard some horror stories tho dbl salaries etc too
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I had this a while ago. My returns were submitted with a duplicated digit, and SARS was after me for almost R 1 million for the year. I wouldn't call it a horror story, though, as it took my accountant a day or two to resolve (after getting previous employer to correct).
 
JohnJuniorV3 said:
I believe overtime is only given for those who earn under R204 000. So it would not apply to my situation. I don’t have a standing here unfortunately.
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A misconception is that because overtime is excluded by those exceeding the threshold, it means you do not get paid... this is incorrect. You just don't receive 1.5x rate but must still be paid for the time you worked as normal time.

In addition, you have the right to decline overtime. It can not be forced, no matter what you earn. You just need to understand if your boss is the understanding type or not because poking that bear, there's no turning back.
 
acidrain said:
A misconception is that because overtime is excluded by those exceeding the threshold, it means you do not get paid... this is incorrect. You just don't receive 1.5x rate but must still be paid for the time you worked as normal time.

In addition, you have the right to decline overtime. It can not be forced, no matter what you earn. You just need to understand if your boss is the understanding type or not because poking that bear, there's no turning back.
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mywage.co.za

Overtime Pay, Night Work Pay, Holiday pay - South Africa

mywage.co.za

What about overtime? Will I be paid?

All overtime is voluntary and may only be worked by agreement between employer and employee.

Maximum permissible overtime is three hours on any one day or 10 hours in any one week. Remuneration must be at 1, 5 times the normal wage rate except for Sunday work and work on public holidays, which must be remunerated at twice the normal wage rate.

Time off, calculated on the same formula, may be granted instead of payment, but only by agreement with the employee.

Employees who earn in excess of the present threshold amount are not subject to the overtime provisions. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off in view of payment. However, contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation.

All forced labour is prohibited, and should the employer require such employees to work overtime then the hours to be worked and the basis of compensation must be negotiated with the employee.

Should the employer refuse to compensate for overtime worked in the case of an "over the threshold" employee, then the employee is entitled to refuse to work the overtime.
 
acidrain said:
A misconception is that because overtime is excluded by those exceeding the threshold, it means you do not get paid... this is incorrect. You just don't receive 1.5x rate but must still be paid for the time you worked as normal time.

In addition, you have the right to decline overtime. It can not be forced, no matter what you earn. You just need to understand if your boss is the understanding type or not because poking that bear, there's no turning back.
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Aw dear... do you live in SA?
when I was in SA, I never got paid a cent for any overtime I worked.. during a career of what.. 20 years?
And refusal to work overtime... I did that once... I declined because someone was really sick and I had to deal with that. Ended well for me... I had to find another job.

What the labour law says and what happens in practice are two different things.
 
PaulMurkin said:
Aw dear... do you live in SA?
when I was in SA, I never got paid a cent for any overtime I worked.. during a career of what.. 20 years?
And refusal to work overtime... I did that once... I declined because someone was really sick and I had to deal with that. Ended well for me... I had to find another job.

What the labour law says and what happens in practice are two different things.
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If only it was that easy to fire someone in South Africa.
 
JohnJuniorV3 said:
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
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They can claim it back but they need to negotiate reasonable terms with you
They cant just whack it off one payslip
 
JohnJuniorV3 said:
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
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recap:

1. payslip says R100
2. gets R125 p/m for 2 years
3. never knew about it
4. employers wants money back
5. acts surprised
6. now consults if this is legal without considering never knewing about it.

assumption(s):
1. no monthly budgeting
2. no recheck/double check funds coming in (incomes)
3. no recheck/double check money going out in (deductions)

conclusion:

 
Herr der Verboten said:
recap:

1. payslip says R100
2. gets R125 p/m for 2 years
3. never knew about it
4. employers wants money back
5. acts surprised
6. now consults if this is legal without considering never knewing about it.

assumption(s):
1. no monthly budgeting
2. no recheck/double check funds coming in (incomes)
3. no recheck/double check money going out in (deductions)

conclusion:

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SOrry, I am an employer that pays a good number of tech staff every month and I defend the guy
He says it was it was small amount per month (but could add up to a lot over a period)

Some people check their payslips. Some dont. Some have no clue. We need all types

What would I do if I was the employer?
It depends.
If spotted immediately I would ask that I deduct it the next month

If not spotted by anyone for a couple of years
Based on the amount I would either
- take the knock.. call the guy in and tell him he could treat it as a one off bonus..coz I was stupid
- Talk to there guy and agree to long terms for the repayment... At least as long as the mistake existed for. If he wanted to repay earlier thats fine. If he resigns then it becomes repayable
 
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