Aman (employee) 11 July 2014

Overpayment of salary in USA

Hi,

I worked for a software MNC in India and then on a work permit they send me to US where they paid me salary in USD and all taxation was done using Federal laws only.

They claim to have paid me (and few other folks) extra salary in US due to some error in their accounting system because they say that they were supposed to deduct a amount from our pay cheque monthly but they did not.

We tried to explain to them it was not made clear to us in policy that this amount is to be deducted and since that deduction did not happen for a longer period, we had no clue that that deduction should at all happen.

I plan to resign from that company from US itself and come back to India.

Can they by any mean try to recover that excess amount from me in India or threaten me for not providing experience letter?

Thanks very much for your help.

Thanks,

Aman

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2 Replies

Rangee (Lawyer) 11 July 2014

Hi,

The cause of action has occurred in USA they cannot recover the tax amount due to be paid into treasury of USA in India. It all depends upon the agreement and contract of appointment. If there is clause stating that any amount due while working in abroad is recoverable in India then the MNC may enforce recovery. The MNC is supposed to transparent in dealings MNC should explain all the taxes etc before effecting recovery. They cannot threaten you in respect of experience letter.

Yours

Rsksingh

Aman (employee) 21 July 2014

Thank you sir.

Can you please let me know what steps should I take in case of after coming to India my employer tries to threaten me in terms of experience letter or claiming this amount?

Thanks,

Aman