Can my wages be reduced ? Was I overpaid?

m245 · 03-10-2018 09:11AM #1

I work for a big company where the wages are all sorted by an outside company. I signed a casual contract before I started working here full time, but not a full time permanent contract, and it only stated rate of pay and not my working hours.

Up until three weeks ago, my timesheets were always sent in by my manager; since he left the job, I have to submit them. I filled out the first one 'wrong'; I said I worked 9 - 5, and my wage was calculated at 37.5 hours per week, which I saw on payslip when I was paid.

Before this, my wage was always calculated at 42.5 hours per week. I didn't know what way the breakdown of the days/hours was on any of the previous timesheets because I never saw them. Anyway, I sent an email saying that I had made a mistake, and could it be fixed. I received no reply, and then the following week my wages were wrong again, even though I made sure to put down 42.5 hours on my timesheet.

I sent another email yesterday asking them what the hell was going on, and someone replied that the timesheets for the past few weeks were right, and were calculated on a 9 - 5 day, and that before that I was being paid for working 9 - 6, which is what my manager filled in on my timesheets. I have never worked 9 - 6.

The company said that I can only be paid for the hours I work, that I cannot get the shortfall from the last few weeks, and that I was being overpaid for all this time. Basically, I want to know if this is right and if they can do that. I have been working here for just over 6 months, and it seems unfair that they can stop paying me the wage I started on. Also, I know the person who had my job before me, and this person was paid the same wage as me, for the same 9-5 hours. Evidently the wage for the position was calculated on a 9 - 6 day, long before I worked here.

If this is the wage I received since I started, and was approved by the manager who submitted my timesheets, and was the same wage as the person who previously held this job, surely they can't reduce my wages?

Victor · 03-10-2018 09:29AM

m245 wrote: »

I signed a casual contract

Still the only contract you have until something else is agreed.

it only stated rate of pay

How was this expressed? Per hour? Per day? Per week?

osarusan · 03-10-2018 09:34AM

Seems like you noticed straight away that it said 37.5 hours, and the amount of pay was less than previously.

Did you never notice the record of 42.5 hours worked on all the previous payslips?

Del2005 · 03-10-2018 09:40AM

Sounds like your manager has been putting down the incorrect times for his reportees for ages, since he's gone you submitted the correct hours and now the company knows it's being overpaying.

If they have overpaid you they are entitled to the money back, you can agree a some per week till it's repaid, if they haven't then you are entitled to the money owed for the last few weeks. But you need to read your contract.

m245 · 03-10-2018 09:41AM

Victor wrote: »

How was this expressed? Per hour? Per day? Per week?

It was per hour

m245 · 03-10-2018 09:42AM

osarusan wrote: »

Seems like you noticed straight away that it said 37.5 hours, and the amount of pay was less than previously.

Did you never notice the record of 42.5 hours worked on all the previous payslips?

I didn't notice the hours on the payslips, I only noticed when I was paid less than before

Doop · 03-10-2018 09:48AM

Is the company asking you to repay the money?

It sounds like your previous manager was putting you down for extra hours which you admit you dont work therefore you are now being paid correctly ...cant see how you could fight it to be honest.

You need a contract that states your hourly rate seeing as you are being paid hourly! Previous managers may have been doing it on purpose because the hourly rate isnt great?

CrabRevolution · 03-10-2018 09:50AM

I would say that no, you weren't previously "overpaid" since your manager was happy to give you money for extra hours even if you didn't really work them. If you'd been submitting your own sheets and fiddling the hours I would say you were overpaid.

On the current situation I don't think you're entitled to go back to the sum you previously earned. If your contract is an hourly rate, then you should only be paid for the hours you work. It was simply a pleasant bonus that your previous manager gave you phantom hours, and can't really be taken as the standard.

m245 · 03-10-2018 09:59AM

Doop wrote: »

Is the company asking you to repay the money?

No, and I don't think they will thankfully. Still communicating with them about the situation.

Thanks everyone for the comments, just needed some more info

uncommon_name · 03-10-2018 10:06AM

The previous hours that your manager was putting down was incorrect. As it was a manager doing it and not you, then the company should not be able to come back looking for the money off you. Normally a big company wouldn't be that petty over a couple of hundred euros.
Also, you are now being paid the correct amount that you agreed to when joining the company and signing your contract. Nothing you can do to get the extra money unless they give you a raise to add up to that amount (which i doubt they will do) or else work an extra hour per day if possible. But they definitely wont give you the extra money for doing nothing just because of someone else's mistake.

cml387 · 04-10-2018 09:31AM

A management error would not preclude the company looking to get the money back.
However I would guess in the OP's case they'll just go with the wage adjustment for hours worked.

Can my wages be reduced ? Was I overpaid?

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