Overpaid by employer, Payslips not issued, employer deducting to recover

T

tingri

Guest
Hi,

My employer has overpaid me each month this year it has turned out, now I have to pay that amount back to my employer (750 euro). I should have spotted this myself if I did the calculations but I naively thought the company would get it right. Payslips were never issued so I never noticed anything. The whole situation is being addressed now, and I'm told that I will have to pay the money back over a period of months, and that this will not be reflected in my payslips for the months the money will be deducted. So, really there won't be any record of this taking place.

I have two questions on this that someone might be able to help me with:

- When paying back the money that I owe, should this be reflected in my payslip somehow? It seems a bit dodgy to me that it would not be reflected somewhere.

- As I don't know much about this area (payment, payslips etc) I'm just assuming that I pay back the money which will sort things out. It is partly my fault as I should know more about calculating my monthly pay, however, I just want to be sure that I should have to pay it back or is it the companys responsibility seeing as they are responsible for getting this right?

Thanks in advance for any advice.
 
Re: Overpaid by employer

tingri said:
Payslips were never issued
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If this is the case then your employer is acting illegally. See the here.

this will not be reflected in my payslips for the months the money will be deducted.
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Do you mean that they are now issuing payslips.

When paying back the money that I owe, should this be reflected in my payslip somehow? It seems a bit dodgy to me that it would not be reflected somewhere.
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That's what I would have though too.

- As I don't know much about this area (payment, payslips etc) I'm just assuming that I pay back the money which will sort things out. It is partly my fault as I should know more about calculating my monthly pay, however, I just want to be sure that I should have to pay it back or is it the companys responsibility seeing as they are responsible for getting this right?
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Thats is normally the case. My own contract of employment includes a clause covering the requirement that I repay any sums that are inadvertently overpaid. I presume that this is a fairly standard clause? This does not impact on any statutory rights that I may have.
 
Cheers for the response and the link.

Yes, we are all going to receive payslips from now on and will recieve any payslips that have not been given to us before this. It's better late than never, at least now I can calculate my taxes etc, the only positive thing to come out of it.
 
Even in the absence of payslips (which are mandatory anyway) you should still be able to reconcile your tax and PRSI/health levy deductions using your P60 issued after the end of each tax year. Were you getting these up to now? Did you get one for 2004 yet? This is another mandatory requirement on the part of employers.
 
Just getting the payslip sorted now, didn't get it for last year at all. I think I'm going to have to get a third party accountant to have a look and confirm that all is OK, as everything is all over the place. It's difficult to have any faith in my employer when these basics ( legal obligations as you point out) cannot be sorted.
 
So I take it you never received P60s either? I would agree with you about not having much faith in an employer who did not take care of the basic mandatory paperwork.
 
This Company sounds very dodgy , have they paid your PRSI Contributions up to now? , If they went bust you could be up the swanny with your Social Insurance if they have omitted to pay PRSI.
For peace of mind , just make sure that you are up to date with the Revenue and that your PRSI is intact, perhaps checking on the Company Accounts would not do any harm if you have a friend in the Revenue or with the CRO just to see that they are still retaining their Limited Liability.
 
Thanks Clubman and 90210. I'll call the DSFA to check if my contributions are correct. If there are any irregularities I'll post the info here.
 
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