Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Overpayment for 1 year

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Overpayment for 1 year on Thu Feb 02, 2017 8:09 am

big bad world


Arresto Menor
Good day everyone, needing legal advice on a situation I'm in. I am of managerial post and I have said to have been overpaid for 12 months now. HR wants to recover the overpayment made at the same time reduce my basic pay.
My basic pay was said to made in error, thus the dimunition and the recovery of the overpayment.
What I have: signed COE of my current basic pay and BIR forms of tax remitted based on current pay.

Question is:
a) does the company violate any legal terms with the reduction of my basic pay? At any instance we don't have a signed contract, only a COE stating my current basic pay.

b) I understand that the company has the ability to recover overpayment, does it qualify for negligence as it happened for a year already?


I am sincerely seeking your insight on this one. Thank you!

Btw, with current basic pay I mean to say unadjusted basic pay.

View user profile

2 Re: Overpayment for 1 year on Thu Feb 02, 2017 8:50 am

lukekyle


Reclusion Perpetua
a) does the company violate any legal terms with the reduction of my basic pay? At any instance we don't have a signed contract, only a COE stating my current basic pay.- if it was made in error, its not violating anything. If talagang binigyan ka ng increase in basic pay because of performance or promotion then hindi na nila pwedeng ibaba ulit ang basic pay mo.

b) I understand that the company has the ability to recover overpayment, does it qualify for negligence as it happened for a year already? - it might be deemed negligent but even if it is, it has no bearing on your situation. Negligence just means the company can sanction the person responsible. It doesn't absolve you of the debt if any. To make it simple, the paymaster or hr personnel has been negligent towards the company. He has not been negligent towards you.

View user profile

3 Re: Overpayment for 1 year on Thu Feb 02, 2017 12:53 pm

Patok


Reclusion Perpetua
Kung talagang in error and you were overpaid for 12 months then they have the right to recover that.

Just ask them to deduct it in installment para hindi masyadong mabigat para sayo.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum