I have left my job, my salary is too much, and the company asks me to return it, can I not refund it

Updated on society 2024-06-07
44 answers
  1. Anonymous users2024-02-11

    It should be returned. If the amount is small, the employer will not pursue it, but if the amount is large, the employer can file a civil lawsuit in the local people's court to demand that the employee pay undue benefits. If a worker and an employer have a labor dispute, they may apply for labor arbitration at the labor dispute arbitration commission where the employer is located to protect their legitimate rights and interests.

    Legal analysisThe excess of wages is unjust enrichment and should be returned to the company. Refusal to return unjust enrichment will constitute the crime of embezzlement. where the amount of embezzlement is relatively large and refuses to return it, a sentence of up to two years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

    If the employee refuses to return the salary, it may be suspected of a criminal offense of illegal embezzlement, but it is not necessary to report the case to the public security organ, and directly sue the court to require the employee to bear the corresponding responsibility. Ownership is divided into four powers: possession, use, income, and disposal, and possession is the basis of ownership, and the other three powers cannot be realized without possession. Possession in civil law is divided into legal possession and illegal possession according to the different ways in which it is obtained.

    Lawful possession refers to the actor's control of the property through the lawful form prescribed by law. Unlawful possession is unlawful possession, or possession through illegal means. Unlawful possession is divided into bona fide possession and malicious possession.

    Legal basisCriminal Law of the People's Republic of China" Article 270:Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.

  2. Anonymous users2024-02-10

    This needs to be refunded, otherwise the company can call the police or sue you for your improper gains, so it's better to honestly return the money that doesn't belong to you.

  3. Anonymous users2024-02-09

    Hello, no. The company pays you more than you pay, and you have to return it. Moral issues aside, according to the provisions of laws and regulations, you are unjust enrichment.

    Although it is caused by the company's financial negligence, you also constitute unjust enrichment. It's like the bank gives you more money, you have to return a reason. If you don't return it, the company can sue you, and after the civil lawsuit, the court decides, and you still have to return the money, in addition to the return of the principal, you also have to calculate the interest and bear the costs of the lawsuit.

  4. Anonymous users2024-02-08

    You've left the company. But the payroll company found out that you were overpaid. At the same time, I ask you to return it, can I not return it?

    It depends on how much money you have sent, and whether the company is willing to spend a lot of time with you? If the company really wants to deal with you, then it doesn't matter how much money you send me more. You should return it to the company, because you are unjust enrichment.

    If the company goes to court and sues you, the court will support the company, and heck, will make you pay back to the company for the money you don't deserve. You'll also be liable for legal costs. So, it's better to pay back the company if it's not your money.

    Of course, if he doesn't care about you, you will take advantage, you just think about it in your own heart, will he take care to go to the court to sue?

  5. Anonymous users2024-02-07

    Since you have resigned, the employer has paid you too much, and the company has asked you to return the excess salary. Then take the initiative to return it. No, you can't pay it back, because the excess salary does not belong to you and should be refunded to the company. If you don't pay it back, the company will sue you.

  6. Anonymous users2024-02-06

    If you pay too much before you leave your job, you should really get it back. Because the company pays you according to your labor, in addition to what you deserve, the excess should be returned. Otherwise, the company has the right to use legal means to demand a refund of your salary.

  7. Anonymous users2024-02-05

    No, it is not possible to return it. It is unjust enrichment.

  8. Anonymous users2024-02-04

    In Article 92 of the General Principles of the Civil Law of the People's Republic of China, it is stated that if there is no lawful basis for obtaining unjust enrichment and causing losses to others, the unjust enrichment obtained shall be returned to the person who suffered the loss.

  9. Anonymous users2024-02-03

    It's not okay to not return, and the company has several ways to clean you up.

  10. Anonymous users2024-02-02

    You have left your job, the company has paid too much, if the amount of salary is not large, the company will ask you for a refund, generally, they will not ask you.

  11. Anonymous users2024-02-01

    It should be returned, the salary has been settled, and the excess salary has been refunded since the financial requirements are returned, and if you do not pay it back, you have the right to file a lawsuit against you, don't lose it because of a small loss, after all, the money is not yours, and it should not be taken out of morality.

  12. Anonymous users2024-01-31

    No, if it is not returned, it will involve unjust enrichment and will be sued by the other party.

  13. Anonymous users2024-01-30

    No, although the company is at fault for this kind of behavior, you can't take it for yourself, otherwise it will be illegal.

  14. Anonymous users2024-01-29

    Hello, in such a situation, it is best to return it, after all, this is an improper gain, if you are really sued, it will be very troublesome to include it in your personal credit record, don't be greedy for this little gain, suffer a big loss.

  15. Anonymous users2024-01-28

    Don't take what isn't yours.

    First, confirm how much more has been issued, and all those who should be refunded have been refunded.

    Second, the company can sue you for unfair gains, and I think the gains outweigh the losses.

    Third, if the amount is large, the impact will be greater.

    I don't think there's any need to spend any more energy and wait for this money.

    Windfalls are not good.

    It's still a retreat, it's a hundred, and it's good for yourself.

  16. Anonymous users2024-01-27

    You can also rely on the skin, as long as you don't have anything left in the hands of the company, such as a labor manual or something. If there is nothing in their hands, you will have a big deal to blackmail the ** and WeChat of the people in the original company, so that they can't find you. But I don't think it's necessary, because if you're still in this business, future acquaintances will tell you that you're not honest.

  17. Anonymous users2024-01-26

    Since it is the company that has paid more, your salary belongs to your unjust enrichment and should be returned, and you can't lose a lot because of a small loss, otherwise you will be held responsible.

  18. Anonymous users2024-01-25

    Don't take what isn't your own, and of course you should give it back to others. Because this salary is the company money paid by the payroll. It's not directly sent to you by the company, and the person who pays the salary has to compensate for it.

  19. Anonymous users2024-01-24

    You can not retreat, go up first, and then resign if there is a job that suits you.

  20. Anonymous users2024-01-23

    Now that the company has found out, it doesn't matter whether you leave or not, it's better to return, it's a matter of character.

  21. Anonymous users2024-01-22

    You must return it.

    In this case, it is an unjust enrichment under civil law and you should return it.

    If you don't return it, the employer can file a civil lawsuit with the court, and the employer will win the case.

  22. Anonymous users2024-01-21

    Recommendation: Return to the company.

    You pay, the company pays you. The portion of wages due.

    The principle of honesty and trustworthiness.

  23. Anonymous users2024-01-20

    I advise you to return it as soon as possible, your behavior is already illegal encroachment, and do not involve the legal level.

  24. Anonymous users2024-01-19

    Honesty is the basic character of life, today you have encroached on this, if less is basically the accounting cashier to bear, if more estimates will be reported to the police to say that your position has been encroached! So let's be above board, if it's me, I'll pay it back, there's no need!

  25. Anonymous users2024-01-18

    Since you have left your job, then you will be paid according to your work, and the extra salary should be returned!

  26. Anonymous users2024-01-17

    To be returned. If you don't return it, it will be unjust enrichment.

    At the same time, it is also a time to test people.

    And so many colleagues.

    It can't affect the character.

  27. Anonymous users2024-01-16

    Resignation pay is too much.

    It needs to be refunded, which is legally unjust enrichment.

  28. Anonymous users2024-01-15

    Unjust enrichment, suspected of violating the law.

    As a person, you can't take advantage of small advantages, and it is also criticized for doing this.

  29. Anonymous users2024-01-14

    Hello, if the salary is indeed overpaid, you are unjust enrichment in this case. In accordance with the provisions of the law, you should return it in a timely manner, and if you do not return it, the other party can recover from you through litigation in accordance with the law.

    Legal basis: Article 122 of the Civil Code Where another person obtains improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.

  30. Anonymous users2024-01-13

    This is an unjust enrichment, and the company can demand a refund from the person concerned, and there is a legal right to claim such a claim. After the resignation of the employee, if it is found that the employer has paid an extra month's salary, the employee can understand the situation to determine, and if the employer makes a calculation error, the employee shall return it to the employer; If the compensation is paid by the employer to the employee, the employee can accept it. If there is no lawful basis for receiving more wages from the employer, it is unjust enrichment and shall be returned to the employer, and if it is not refunded, the employer may request a refund through legal channels after discovering it.

    The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The company should transfer your insurance relationship within 15 days after your resignation, i.e., handle the insurance reduction. Now the reason for the overpayment is not caused by the individual, and of course it is not necessary for the individual to bear it.

    If the company gives more money such as condolences because of resignation, it is a gift in a civil legal relationship, and the other party cannot recourse and does not need to be returned. If the company overpays the salary due to work error, it is an unjust enrichment in the civil legal relationship and should be refunded, otherwise the other party can get the salary back through civil litigation.

    Article 985 of the Civil Code of the People's Republic of China: Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request the gainers to return the benefits obtained, except in any of the following circumstances:

    1) Payments made for the fulfillment of moral obligations;

    2) Repayment of debts before they become due;

    3) Settlement of debts knowing that there is no obligation to pay.

    Article 986:Where the gainer does not know and should not know that the benefits obtained have no legal basis, and the benefits obtained no longer exist, they do not bear the obligation to return the benefits.

  31. Anonymous users2024-01-12

    Normal is not non-refundable. Excess wages are unjust enrichment. Once the company sues you. You still have to pay it back. So it's better to take the initiative to return it.

  32. Anonymous users2024-01-11

    If the salary is too much, you still have to return it, because this is your unjust enrichment, if you don't return, in fact, the company can sue you and sue you.

  33. Anonymous users2024-01-10

    Hello! If you give more, then it is better to return it, otherwise the other party may sue you.

  34. Anonymous users2024-01-09

    My personal suggestion is that if you pay too much salary, you should return it, because what is yours is yours, and it is not comfortable for you to take more, because after all, there is an operation mistake in this company, in this case, the person who pays you the salary, because of the operation error, he will also be punished, it must have happened now, we had better be a kind person.

  35. Anonymous users2024-01-08

    It should be returned. Non-refundable unless:

    1.The resignation procedures have not been completed, and the handover resignation has not been completed.

    2.If the enterprise is in arrears of wages for a long time, the length of arrears shall be calculated according to the % ratio, and the deduction part shall be 3The company fails to pay your social insurance on time in accordance with the labor law.

    If it is not, the insurance practice, the company out of the over-opening certificate, including but not limited to the reason for over-opening, the amount of funds, the return of the account number. After the refund, ask them to issue another certificate that the overpayment has been refunded. Otherwise, you'll have to keep a record of your transfers.

    In short, it is good to get together and disperse, and dissolve all relations with the company peacefully, rather than make a gentleman than make an enemy by mistake. You have to stand on the highest ground of morality and law so that you don't give authority to others.

  36. Anonymous users2024-01-07

    You left the company and paid you more wages, and the company asked you to return the excess wages paid to you, and I personally suggested that you should return it, and ill-gotten gains are not advisable!

  37. Anonymous users2024-01-06

    No, it is the company's mistake to send more than that, but it needs to be returned, otherwise it will affect future work and will be forced to return.

  38. Anonymous users2024-01-05

    The company asks you to return it, can you not do it?

    Of course not.

    There is a crime called unjust enrichment.

    Your situation is called unjust enrichment, and unjust enrichment, you have to return what you have gained, after all, all people and even computers make mistakes.

    The company's finances miscalculated your salary.

    This is understandable, so it's best to hurry up and return it.

  39. Anonymous users2024-01-04

    No, the excess wages are unjust enrichment and should be refunded. Otherwise, the company can sue for recovery, and you will have to pay legal costs.

  40. Anonymous users2024-01-03

    Look at the amount, if the money is not too much, only a few hundred, don't return it, just take it as severance compensation, if a few thousand yuan, then return it to the company, and leave a good impression in the future and go back to work.

  41. Anonymous users2024-01-02

    No, you cannot. Knowing that there is too much, it must be returned, which is an improper enrichment, and it is necessary to be honest.

  42. Anonymous users2024-01-01

    No. Otherwise, the company can go to court and sue you to demand that you return the overpaid wages.

  43. Anonymous users2023-12-31

    Whether you leave your job or retire, the company pays you too much salary, and the company finds out and asks you to return it, you should return it, if you don't return it, you will break the law, and the company can go to court to sue you.

  44. Anonymous users2023-12-30

    Of course, if you really don't want to refund, the company can't do anything about it, because you have already left the company, and the extra part is unclear and unclear.

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