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Can Salary be reduced because being overpaid

  • 07-03-2016 10:17pm
    #1
    Registered Users, Registered Users 2 Posts: 557 ✭✭✭


    Is it possible for an employer to reduce salary after 2 year because you're are being overpaid even though there is no problem with the company.


Comments

  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    By overpaid, do you mean being paid more than that industry average, or do you mean accidentally overpaid by HR more than your contracted salary?


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    doctorg wrote: »
    Is it possible for an employer to reduce salary after 2 year because you're are being overpaid even though there is no problem with the company.

    Is your post a big hypothetical question, or has this happened to you? If the latter, you need to give a bit more info. Have you been placed on the wrong salary? What does your contract say about overpayments?


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    More information is needed, op.

    If you've been accidentally paid more than what was agreed in your contract then they probably can claim it back (though it's something that should be looked into if it's happened over a long period of time), because the mistake needs to be rectified.

    If they're paying you an agreed rate that they feel is too high now, it's something you can argue with them or seek advice on.


  • Registered Users, Registered Users 2 Posts: 557 ✭✭✭doctorg


    I heard of this in a discussion with friends and wondering what is the legality of a situation like this. From what I heard the person was bumped up due to Visa requirements but then a couple of months later they reduced the salary again after the visa was processed.


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    doctorg wrote: »
    I heard of this in a discussion with friends and wondering what is the legality of a situation like this. From what I heard the person was bumped up due to Visa requirements but then a couple of months later they reduced the salary again after the visa was processed.

    sounds like they did the employee a favour, something that was probably agreed upon mutually?


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    doctorg wrote: »
    I heard of this in a discussion with friends and wondering what is the legality of a situation like this. From what I heard the person was bumped up due to Visa requirements but then a couple of months later they reduced the salary again after the visa was processed.

    Your posts are contradictory, in your first one you say it is being changed after two years, and above after two months?


  • Registered Users, Registered Users 2 Posts: 2,457 ✭✭✭livedadream


    doctorg wrote: »
    I heard of this in a discussion with friends and wondering what is the legality of a situation like this. From what I heard the person was bumped up due to Visa requirements but then a couple of months later they reduced the salary again after the visa was processed.

    you've contradicted yourself here before you said two years, now two months?

    can you elaborate a bit more.

    if its two months and was a typo or signing bonus issue then it will prop be forgotten about and you wont have to pay it back.

    if it happened fro two years you salary will be corrected to what was agreed and you might be asked why you never brought it to the attention of your payroll team ie: you were getting a grand more each month and never thought to ask??

    in general if you are overpaid because of a HR or Payroll issue (ie they ****ed up) it depends on the company your salary will be lowered to what it should be but paying it back depends on the company.

    however what you discuss above is illegal and wouldn't happen in Ireland.

    if you need to earn 40k to get a working visa, if by the end of the working tax year you have not earned this amount it will be queried by Immigration who will impose serious fines on the company.

    People think its a way of getting around immigration rules but its not you will get caught and you will get fined and even prevented from being allowed issue visas to workers for a while.


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