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Overpaid Salary

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1 Overpaid Salary on Wed Jan 04, 2012 2:28 pm

obyong


Arresto Menor
Hi! I would like to seek advice regarding on my previous employer collecting a certain amount which they told me is an overpaid salary. I resigned in their organization last year due to some personal reason. They agreed and required me to render a 30 day of service. However, I wasn't able to work for that period of time. Still, I was able to receive a salary in my ATM. Do I necessarily have to return the overpayment? Would appreciate your advice.

Thank you very much.

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2 Re: Overpaid Salary on Wed Jan 04, 2012 4:15 pm

Accountant


Arresto Menor
Hi, I just want to ask if you really received more that what you should?
Have you really clarified or you just believe them?

You already resigned before they require you to work for 30-days?

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3 Re: Overpaid Salary on Wed Jan 04, 2012 5:57 pm

obyong


Arresto Menor
Accountant wrote:Hi, I just want to ask if you really received more that what you should?
Have you really clarified or you just believe them?

You already resigned before they require you to work for 30-days?


It's only the basic pay they are requiring me to return to them. There is really no overpayment, but the thing is, I still received my salary for one month and a half even though I did not report for work.

I filed my resignation, they approved it, but they noted on it that I have to render a 30 day of service, which is I am aware, is indicated in my contract. However, I wasn't able to do so...

I want to return the money because I think it's the right thing to do, but at the back of my mind, I don't want to because I think they had been negligent on their part, paying me even if I am not reporting for work...

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4 Re: Overpaid Salary on Thu Jan 05, 2012 10:08 am

Accountant


Arresto Menor
obyong wrote:
Accountant wrote:Hi, I just want to ask if you really received more that what you should?
Have you really clarified or you just believe them?

You already resigned before they require you to work for 30-days?


It's only the basic pay they are requiring me to return to them. There is really no overpayment, but the thing is, I still received my salary for one month and a half even though I did not report for work.

I filed my resignation, they approved it, but they noted on it that I have to render a 30 day of service, which is I am aware, is indicated in my contract. However, I wasn't able to do so...

I want to return the money because I think it's the right thing to do, but at the back of my mind, I don't want to because I think they had been negligent on their part, paying me even if I am not reporting for work...

The basic pay they are requiring you to return, is the pay for the duration of one month and a half even though you did not report for work?

Sir/ma'am,

kindly reflect Idea in this provision from the CIVIL Code of the Philippines: Obligations & Contracts


Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.
If you did not return, just in case, it will be a ground to file a civil case against you, which would be additional to the case of non-fulfillment of your obligation to render necessary service for them.

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5 Re: Overpaid Salary on Thu Jan 05, 2012 5:16 pm

obyong


Arresto Menor
Accountant wrote:
obyong wrote:
Accountant wrote:Hi, I just want to ask if you really received more that what you should?
Have you really clarified or you just believe them?

You already resigned before they require you to work for 30-days?


It's only the basic pay they are requiring me to return to them. There is really no overpayment, but the thing is, I still received my salary for one month and a half even though I did not report for work.

I filed my resignation, they approved it, but they noted on it that I have to render a 30 day of service, which is I am aware, is indicated in my contract. However, I wasn't able to do so...

I want to return the money because I think it's the right thing to do, but at the back of my mind, I don't want to because I think they had been negligent on their part, paying me even if I am not reporting for work...

The basic pay they are requiring you to return, is the pay for the duration of one month and a half even though you did not report for work?

Sir/ma'am,

kindly reflect Idea in this provision from the CIVIL Code of the Philippines: Obligations & Contracts


Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.
If you did not return, just in case, it will be a ground to file a civil case against you, which would be additional to the case of non-fulfillment of your obligation to render necessary service for them.

thank you very much for the advice. i appreciate it. God bless. = )

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6 Re: Overpaid Salary Today at 10:06 am

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