My friend is working casual and she and company changes her schedule all the time. Her pay is by her calculation has been always overpaid for many months. Does she have worry about it? By my quick check a company can't dock pay if they realise they overpaid previously.
Overpayment to Japanese by Japanese company
- Thread starter cloa513
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- 12 Oct 2013
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You are looking at it from the wrong legal end. It isn't a question of whether the company can withhold future pay. The legal question is whether or not your friend is entitled to keep any mistaken overpayment, and your friend's legal obligation to return any unlawfully obtained financial benefit. The law doesn't just say, "well, the company made a mistake, I guess there is nothing that can be done".
The law views the overpayment as an "unentitled benefit" or "unlawfully obtained benefit". If the company finds out about the mistake, and asks for the return of the overpayment, your friend is obligated to return it. If your friend refuses, the company could claim the funds as stolen (since your friend is not entitled to them, and refuses to return them).
The law views the overpayment as an "unentitled benefit" or "unlawfully obtained benefit". If the company finds out about the mistake, and asks for the return of the overpayment, your friend is obligated to return it. If your friend refuses, the company could claim the funds as stolen (since your friend is not entitled to them, and refuses to return them).
- Thread starter
- #3
Do you have a reference for that?
- 21 May 2003
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I would think that would be a "common sense" type law in many countries. Imagine going to trial and having a judge & or jury hear that story. Unless there is more to the story or some mitigating circumstances for her to keep the incorrect overpayment it sure looks like she's in the wrong and most likely , a court of law would find it that way. A lawyer would probably new some time and a few law books to look up an exact reference.
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- #5
Japan and common sense parted long ago. The law may regard the person who is responsbile for the payments (a seishin) as responsible. as such they commited fraud like they
- 17 Sep 2005
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My copy is from 1994, but this book covers the topic on page 18-19 in my edition. The example they specifically use is receiving too much change from a storekeeper and just keeping it. The relevant law is 刑法246条
The practice of keeping something that doesn't rightfully belong to you in these types of situations is called Nekobaba.
猫糞(ネコババ)とは？ 意味や使い方 - コトバンク
デジタル大辞泉 - 猫糞の用語解説 - ［名］(スル)《猫が、糞ふんをしたあとを、砂をかけて隠すところから》悪いことを隠して素知らぬ顔をすること。また、拾得物などをこっそり自分のものとすること。「拾った物を猫糞する」[類語]着服・横領・失敬・横取り・くすねる
- 12 Oct 2013
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Come on @cloa513 it's not exactly a grey area. If your company, or a bank, or a customer overpays you, you can't treat it like lottery earnings.
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10分で分かる！社員への給料の過払金の相殺・回収の方法【規定例・書式あり】 | 労働問題.com
社員への過払金の相殺・回収の方法について、労働問題専門の弁護士が分かりやすく解説します。 社長 当社の社員に計算を誤って給料を本来より過大に支払っていたことが判明しました。給与や退職金から相殺・天引きで返済させ […]
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- 6 Mar 2003
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It sounds like the company might not have evidence that they overpaid? I mean if their books can reconcile appropriately it doesn't really matter what her records say. But if there's a chance the company may perform some kind of audit and find a discrepancy, I would suggest keeping the money in savings just in case she has to pay it back.
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