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Nic Chong
19/05/2011 00:56:44
Re: Overpaid for salary....after resigned

After i'm resigned from x company but them still keep paid me the salary (2 month) already.....and them said because of system error and now need me payback the salary (original amount before deduct EPF), so now is it me need payback the original amount or amount received (bank)? Very appreciate your solution, thank you.
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19/05/2011 09:51:52
You just need to bank in back the amount stated in your bank statement. EPF and SOCSO no need to pay back. It is their mistake not urs.

You can argue that the EPF only can take back at the age of 55, unreasonable for you pay them for the extra EPF.

For SOCSO, because you no work at the company, the SOCSO is not valid. So you no need pay for their mistake.
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Nic Chong
20/05/2011 01:47:22
Them send a formal letter to me to chaise back the original amount.....and what refer to labour law act section 24(2)(a)......actually my x company is a retail industry name "TE X CO"......and also i'm already search & read the labour act but doesn't fully understanding what the section said about.... and i'm afraid that i will force into court case with this cause will that be happen, if i'm reject to payback the EPF to them?

Thank for your help.
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21/05/2011 09:19:29
Section 24(2)(a) is for deduction wages. Whereby an employer over paid an employee and the deduction (adjustment) will made on the salary.

This section doesn't applied for your case. Because above section only applied for the employee that STILL remain in the company. The employer just making adjustment of the month they made mistake.

Example of the section:
Employer bank in extra RM 100 for the basic so it will influence the EPF and socso. The next month the employer deduct RM 100 from the employee. So the total of both month is same like normal 2 month paid include EPF and Socso.

For you case:
Employer continues bank in salary even after you resign.

Whereby the Socso you are not entitled. Even you meet accident, you can't claim socso. You only entitled to claim socso if you meet an accident during you working hour and inside your working area. So the Socso is "throw money to sea".

For the EPF, if you paid them back, it is like an extra expenses to you whereby the amount may over few hundred for 2 month. If bad to say, you are jobless, you need to pay the few hundred that you can't get back before age 55?

The one who need to bear the amount and responsibility is your hr department. There no update employee profile and to lazy to check the system.

If you don't want too much problem and the few hundred is a small amount to you, you can pay them back. It is up to you.

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KL Siew
21/05/2011 09:23:25
Normally, one would not want to retain something that does not lawfully belong to him. Legally, I think you don't have the right to retain the money. For me, I would make out a cheque for the amount wrongly banked into my account, call the MD of the company and tell him the story and return the cheque to him personally. Let him take to task those responsible for the lapse. About EPF or SOCSO, tell them to get back their share from them.
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21/05/2011 09:39:29
Yup, agree with Kl Siew..

As what i say early, just bank in back the actual amount (the bank statement show).

EPF and Socso not your responsibility already.
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Nic Chong
22/05/2011 13:34:17
Thank you.
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13/06/2014 16:00:06
Fifty-five above you also need to deduct EPF
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