You have just received your payslip. But there ... surprise! your pay is a little higher than usual. Although you are delighted with this sudden increase in your salary, you still decide to investigate to find out the cause. A few questions to the payroll service, and we tell you that this sudden increase is due to a pay error and that now we will surely have to return all that.
The salary includes the remuneration paid and the services provided by an employer to his employee in return for his work. However, the sums paid in reimbursement of expenses advanced by the employee within the framework of his professional activity, are not to be analyzed as wages.
In principle, the calculation of the amount and the terms of payment of the salary depend on the stipulations of the employment contract and legislative provisions. But a calculation or payment error can always occur.
The pay error can be the cause of several situations, but most of the time the employee will simply receive more or less than what is due.
The conditions of the return obligation.
There is nothing to do, when an amount is unduly paid to you, it must be returned. In addition to being a matter of honesty, this restitution keeps you out of trouble.
Whoever receives payment must be the holder of a legal title, that is to say a claim, towards the person who pays.
The civil code provides that the payment received apart from all debts, that is to say the undue payment, must be returned.
Whoever receives an illegitimate payment "undertakes" to return it to the person who paid it. It should be understood that in this case, the one who received the payment which is not due to him, becomes the debtor of the one who paid it to him. In other words, the overpayment creates a debt for the recipient, and this debt must be repaid.
The overpayment of salary will be analyzed as an absolute undue payment, that is to say that the very cause of the payment is non-existent. Therefore, if an action is brought before the judge on the part of your employer, he will not have to show that he made any mistake.
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