The boss sent an extra 200 yuan, and the employee didn t pay it back! Is it illegal?

Illegal enrichment is unjust enrichment. 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 analysis

Unjust enrichment, legal jargon. It refers to the acquisition of benefits that are detrimental to others without a lawful basis. After the occurrence of the legal fact of unjust enrichment, a relationship of rights and obligations arises between the unjust enricher and the owner of the unjust enrichment (the victim), that is, the owner of the unjust enrichment has the right to request the unjust enricher to return the undeserved benefit, and the unjust enricher has the obligation to return it.

This creates a debt-related relationship between the two parties. There are four elements for the establishment of unjust enrichment: one party obtains a property interest; one party suffers a loss; There is a causal link between the gain and the loss; There is no legal basis.

The acquisition of property interests by one party refers to the acquisition or increase of property or the accumulation of interests due to certain factual results. The benefits obtained by the beneficiaries are limited to property interests, i.e., benefits that can be measured by monetary value, and moral interests do not fall under the category of interests here. The determination of whether a beneficiary has a property interest is generally determined by comparing the property or interest he or she owns with the total amount of property or interest that would have occurred if there had been no change in interest with others.

Wherever the state of property or interests has increased compared with the previous one, or should have decreased but not decreased, it is a beneficiary; If there are both profits and losses, and those who have residual benefits after offsetting the profits and losses are also benefits. Specifically, the acquisition of property interests is mainly manifested in the following forms: positive increase in property or interests, that is, the expansion of the scope of property through the acquisition of rights, the enhancement of the effect of rights, or the acquisition of a certain property interest or weakening of obligations.

Legal basis

Article 77 of the Labor Contract Law of the People's Republic of China Where the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant departments to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 122 of the Civil Code of the People's Republic of China: Where others have obtained improper benefits without legal basis, the person who has suffered losses has the right to request that they return the improper benefits.

If the boss miscalculated the money, it has nothing to do with you, it is the company's accounting mistake, but if you are a fixed salary, and you are found by the boss, or the accountant finds out, then you have to take it out, if it is not discovered, there is nothing at most to negotiate, (I have money on my own, and I don't count the salary!) ）

What's this, it's just a civil dispute, and the most to the Public Security Bureau is mediation, and it's only 200 yuan, and in the end, it's a big thing and a small thing.

The bank also wrote in front of the counter that it is not responsible for leaving the counter.

There is evidence that there was an extra 200Then the employee is unjust enrichment.

What about the evidence In these years, it is not possible to have evidence, and it may not be possible to have evidence.

I started my own company, and I still care about 200 yuan?

What's more, what evidence do you have to prove that the other party took more money from you?

Only a large number can be called to the police, but it may not be accepted.

You can go through the legal process and take your time hahaha, this boss won't stay and deduct your salary every month?

The overpayment of wages is to be returned, not to be illegal. Return it before the next payday. If the boss asks for the return, a date can be negotiated.

I should have returned it to the boss as soon as I found out. It's not illegal, but your behavior tells your boss. Delay in returning.

What kind of attitude does the boss have towards you on this issue......Very important;

How many extra ...... were postedWhether or not to order or require the return of ...... on a specified dateMore importantly!

Problems and Responsibilities....Wherever it is, it will implicate ...... of different naturesYou must first get rid of the position relationship!

Take the necessary actions correctly – the most important ......!

Is he giving it to you and isn't it a robbery?! The most fearful thing is that one day he will be sober and will be deducted from your salary. . . Hehe.

No, pretend not to know, the employee's salary is just a haircut of the boss, and he doesn't mention it

I just want to know if your boss still has it, let's have a box.

Pretend not to know, if the boss really questions you, you will say that you don't know, and think it is a year-end bonus.

Gave you more than 10,000 dollars?

It is illegal for the boss to owe money to employees and not pay it on time, and it is illegal for you to get your money back like this, and it is also illegal.

You can negotiate with the boss, and if you don't pay it back, you should buy a lesson. In society, you will always be stabbed.

Paying back the debt, it is a matter of course!

If you ask him for it, if you don't give it, you can solve it through legal means!

You make it clear to the boss that your son borrowed me 200 yuan, see what the boss says, just forget it if you don't give it, buy a lesson, don't do stupid things.

It can be done through legal means, and if it is not returned, it is a crime.

If you have an IOU, or a human certificate, if you don't have it, you can only knock out your teeth and swallow it in your stomach.

You can go and tell the boss that the boss will not be able to get over his own face.

Find the boss to ask for it! The Son pays the Father's debt!

Do you have proof? If not, there is no way, the idea finds evidence.

I harassed ** every day, and I returned it, blocking one by one and changing the number to continue to play ......Play ...... when you have timePersonal experience.

Hello, the probationary period is notified to the employer three days in advance, and the employee can leave the job as long as he or she applies in writing 30 days in advance. If the boss does not pay wages, the first thing is to negotiate with the boss as much as possible to urge the other party to pay labor remuneration in time. Secondly, if the other party has not paid, you can collect relevant evidence such as labor contract, time card, employment registration form, employee card, etc., and report to the labor inspection department where the employer is located, and you can also apply to the labor administrative department for labor arbitration.

In the company, there must be a contract, and there is a wage agreement in the contract, so the salary can be dealt with through legal means, but if you resign without a valid reason, then you will break the contract, and of course the salary will not be given to you.

1. If it is a legal debt, it can be sued by the court, and after the court judgment takes effect, if the debtor fails to perform the court judgment within the performance period, the creditor can apply to the court for compulsory enforcement;

2. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law;

3. In addition, if the debtor has no property in his name that can be enforced and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

4. In the case of refusal to enforce the judgment or ruling despite having the ability, it is suspected of the crime of refusing to enforce the judgment or ruling.

5. Legal basis:

1) Article 242 of the Civil Procedure Law: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

2) Article 313 of the Criminal Law [Crime of Refusing to Enforce a Judgment or Ruling] Refusing to enforce a judgment or ruling of a people's court if the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention or a fine. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

It is recommended to take the following steps.

First, call the labor bureau for labor coordination.

If coordination fails, you can apply for legal aid.

Directly take your relevant evidence and prosecute.

Under normal circumstances, as long as you have coordinated, the wages owed to you can be recovered. Because if it is really sued, it will have a relevant impact on the enterprise.