The income belongs to unjust enrichment, and the employee shall return it to the company in time; Otherwise, the company can bring a lawsuit to the people's court through consultation to recover the extra wages. The company's overpayment of wages is a labor dispute, which belongs to the dispute between the laborer and the employer in the process of fulfilling the labor contract.
What if the unit doesn't pay wages?
1, report to the labor administrative department;
2. Apply to the Labor Arbitration Commission for arbitration;
3. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter. If the employer fails to pay the laborer's remuneration in full and on time according to the labor contract or the provisions of the state, the labor administrative department shall order him to pay the remuneration within a time limit.
The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage. The employing unit shall independently determine the wage distribution mode and wage level of the unit according to the production and operation characteristics and economic benefits of the unit. Wage distribution should follow the principle of distribution according to work and implement equal pay for equal work. The wage level is gradually increased on the basis of economic development. The state exercises macro-control over the total wages. The employer can't refund the salary after leaving the company. If the amount is small, the employer will not pursue it. If the amount is large, the employer may bring a civil lawsuit to the local people's court, demanding that the laborer pay unreasonably. If there is a labor dispute between the laborer and the employer, they may apply to the labor dispute arbitration committee where the employer is located for labor arbitration to safeguard their legitimate rights and interests.
What is the process of paying wages in general companies?
First, the unit applied to the bank and signed an agency agreement with the bank;
Second, submit the information and funds of the account holder;
3. Send the employee's bank card and other information to the bank;
Fourth, the bank will issue it at the designated time every month.
Legal basis:
Labor Contract Law
Article 77 If the legitimate rights and interests of laborers are infringed, they have the right to ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.