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UI work for an indian mnc. My mnc has 8-9 companies under it. I was working for one of their startup. In December, i was shifted to their new startup. I was getting my normal salary till November. From December onwards i started receiving salary from their old as well as new startup. I got it once so i didn’t speak about it. I got it another time today. What should i do?
Edit: joined the company 7 months back as a fresher.
The new company is just for the name sake, as there is a limit to number of traders a registered company can have. My salary portal shoes just one time payment.
Also im getting paid from 2 different bank accounts. -
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ULawyer here!
Immediately flag the issue. It is only a matter of time before they identify the discrepancy in their accounts, at which point a thorough review of all transactions for the quarter is likely to follow and you would be exposed.
You are obligated to return the excess payment, as it constitutes an overpayment. Retaining the funds could be construed as theft or fraud, even if the error was unintentional.
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ABut why is this theft. Let’s say if he was not confident or forgot to check the statement then still he will be a thief. I think when company figure it out it will ask for settlement and ask him to pay in installment of he is not able to return at once. I guess concern is bank and income tax dept. Where bank can report his account to IT dept and dept will send him notice asking to explain unreported income
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UThis situation involves unjust enrichment, as one should not benefit from another’s loss, particularly when done knowingly. Failing to report the overpayment could lead to accusations of theft or fraud, as retaining someone else’s property without entitlement is legally problematic. Your example of him not knowing it completely changes the situation, as intent and knowledge are important factors here.
Also the company’s internal disciplinary actions are not strictly governed by Indian law. They may choose to withhold future salaries or even terminate OP based on the allegations of theft or fraud.
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UPerson didn’t check the bank account but emptied it (you said he won’t be able to pay or settle at once); isn’t it funny? Why would bank report it to IT department unless the amount is so huge to raise eyebrows which is not the case here?
OP simply needs to report to HR and return the money immediately.
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INot a lawyer but a query on this. Can’t OP not use this money but gain interest from this amount? When caught he can return the principal.
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MHappened with me in govt set up.. They made me return the excess money (around 1L) after 3 yrs when they checked their financial discrepancy.. They didnt do anything just informed me to return the excess money.. So, please inform them because someday or other you will have to return the excess amount.
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UWhy is this even a question? You already know that it’s an error and you should not be getting paid twice. Report it to your HR and they will sort it out with payroll. Tell them that in December you didn’t notice it, and that it only came to your attention in January when you immediately informed the company.
Even if this does not seem wrong to you from an integrity perspective, this will come up in some audit soon enough and you can 100% say good bye to your job when it does.
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UJust a question, if he kept all the money in some sort of interest generating account and he returned the principle amount only when they inevitably found out about it, would he get to keep the returns?
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UYou will have to return the money. They will definitely find it in their quarterly/annual audits. If you don’t report it, it will not only impact your reputation but could also have legal repercussions, if they decide to press charges.
Also, when reporting this, do it over official communication channels and maintain proper paper trail.
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