2024-03-18 14:30:55
SNCF demands 38,000 euros from a former employee
Clément, a young man of 33, following eight years of service as “ electrical products technical referent » at the SNCF, decides to take leave to continue his studies. Despite the end of his contract, he continues to receive his monthly salary of 1,671 euros. Alerting his former boss at the first payment error, he was reassured that management would realize the error. This is not the case. The payments continued to fall into his account for almost two years.
It was only in October 2022 that the SNCF became aware of its error and in February 2023, Clément receives a request for full reimbursement of the 38,000 euros which were paid to him by mistake. The railway company offers him two solutions: either to repay the entire amount at once, or to spread the payments over 9 months, which is equivalent to an amount of 4,187 euros per month. Not having kept the money aside, Clément found himself unable to repay his debt on time. The SNCF having clearly not appreciated that Clément did not insist on reporting his error to management, the railway company decided to take the matter to the industrial tribunal, refusing any further spread of reimbursement. The session which was to be held in February has been postponed to October 2024.
Salary paid in error, what does the law say?
The responsibility is twofold, on the one hand the SNCF made a mistake, on the other Clément did not insist on reporting this error to management. This is not the first time that an employee has found themselves in such a situation. The best thing to do is to report this type of anomaly to your employer as soon as possible.
The law is in fact very clear: in the event of incorrect payment, a company has a period of 4 years to request reimbursement of the amount unduly paid. After this period, his employee no longer has any obligation to repay his debt.as the site specifies servicepublic.fr. Clément was forced to take odd jobs alongside his studies and hopes that the SNCF will be lenient and open to “ find an amicable solution “, but given the turn of this affair, the railway company does not seem inclined to grant it.
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