Clawing Back Money From Employee

[Forethat]

I realized a couple of days ago that I have paid too much housing benefit to an employee (farang) during the period 2010-2011.

If I wanted to claw back the money, what would I have to do? Can I deduct the money on his salary? Is the money lost? Do I have to make an official claim and allow the employee to pay back without me touching his salary?

Advice please, what does the law suggest in this case..?

[richard_smith237]

Well, Firstly - Has the employee been dishonest? i.e. Did he recognise that you had paid him too much and chose to ignore it ?

IMO that might be grounds for dismissal.

[djayz]

Well, Firstly - Has the employee been dishonest? i.e. Did he recognise that you had paid him too much and chose to ignore it ?

IMO that might be grounds for dismissal.

Maybe he's a good, reliable, diligent employee who, for whatever reason, has been paid too much housing allowance and your solution is to dismiss him?!?!

IMO the OP should just sit down/talk to the employee in question, explain the situation and offer him/her a way to find a mutually agreeable solution to this problem. If this doesn't work, then get legal advice from a solicitor. I think you'll find that most people are honest by nature and want to do the right thing.

[Soutpeel]

you can make a salary deduction, fully legal....if the mistake is on your part, you would obviously sit the employee down and explain things, if its a significant amount, you woukd not make the deduction for the full amount in one shot, but over a period of time, which is the fair thing to do

[Forethat]

Well, Firstly - Has the employee been dishonest? i.e. Did he recognise that you had paid him too much and chose to ignore it ?

IMO that might be grounds for dismissal.

The mistake was hours. The housing benefit should have been reduced a percentage over this period but we failed to do so.

My proposal will be that we share responsibility for this and deduct the overpaid amount over a period on his salary. I dont think he has a problem with this, neither do I, but it would be interesting to know what the law actually says in this case.

[Briggsy]

Your HR manager should be very au fait with what you can and can't do. It's her/his field. They should know legally what your company is entitled to do and should be versed in how to approach employees. Much more so than an anonymous internet forum, I would think.

[Soutpeel]

I, but it would be interesting to know what the law actually says in this case.

I would suggest that the law says nothing about situations in this case.

It would appear the mistake was on the company's part, so therefore you would need to appeal to the employee's sense of fair play in this case to do the right thing, but if he doesnt play you are still legally entitled to take the money back.

If a bank put cash in your bank account by mistake, is the money yours ?....no and they have every legal right to take it back.

[haveaniceday]

I don't know the the Thai law, (except if daddy is a Gov employee or ya rich there is no law), but was the salerly broken down clearly each month?

I mean, clearly itemized, and in clear conflict to his contract and what was spoken about?

At this stage, I would be firing the idiot who paid the wages for proven incompetence.

Just reading this thread, you sound fair and have indicated that the employee sounds fair, these things often sort out without an issue.

Edited December 9, 2011 by haveaniceday