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IStock / City Presse

We are never safe from a glitch.

And when the tiles are linked, the savings reserved for hard knocks are not always enough to maintain the household budget.

Rather than risk payment difficulties and a slew of agios, employees whose remuneration is monthly can then deviate from the traditional schedule of payment of their pay through two separate procedures.

An advance equivalent to a loan

If, in everyday language, we tend to confuse “advance” and “deposit”, the difference between these two legal concepts is nevertheless essential.

Giving an employee a salary advance is like paying them money for work they haven't done yet.

This is the case, for example, if, once you have received your pay, you want to immediately receive the salary for the coming month.

In law, this advance payment is then assimilated to a loan granted by the company.

In this context, your boss is therefore under no obligation to accept your request.

If he does so, it is also preferable to write about it specifying the amount of the advance, the date of payment and the terms of repayment.

Most often, it will be a question of applying a deduction on the following payslips, subject to the employee's agreement.

But beware, the Labor Code (article L3251-3) sets limits.

The company can only retain you a maximum of one tenth of your payable net salary (vacation pay and other bonuses included) each month.

It is only if the advance has been made to purchase work equipment or as part of the award of damages that the holdback can exceed this legal limit.

The salary advance appears at the bottom of the payslip, under the line “net taxable”, but is not subject to social charges which will be deducted at the time of each month's payroll.

Assert your right

While an advance depends on the goodwill of the employer, the salary deposit is a right recognized by article L3242-1 of the Labor Code.

Although the pay is in principle received once a month, the legislator indeed specifies that "a deposit corresponding, for fifteen, to half of the monthly remuneration, is paid to the employee who requests it".

When it comes to receiving compensation for work already done, your boss cannot refuse your request.

It is only if you wish to obtain several installments in the same month that he has the right to oppose it, unless the collective agreement provides for this possibility.

The terms of the deposit are quite simple.

First of all, know that you don't have to justify yourself to get this money in any way.

You just have to make your request in writing (to keep a record), on plain paper, by email or through a standard form if it is available in your company.

As we have said, this process must necessarily correspond to a period already worked, which is why we must at least wait for the 15th of the month, unless there is a more favorable agreement.

Logically, the balance of your salary will then be paid to you on the usual date, knowing that your pay slip will also indicate the amount of the deposit, the whole being subject to employee contributions.

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A salary on the right date

In principle, the payment of wages is made once a month, on a working day, by bank transfer or by crossed check.

Or, more rarely, in cash if the amount is less than 100 euros and it is the employee who requests it.

As for knowing when your employer must pay you, you will unfortunately be surprised to learn that the law does not lay down any rules in this matter.

Unless there is a company agreement or collective agreement, no payment date is in fact imposed.

When nothing is specified on this point, the company manager can freely choose to pay wages at the end of the month or during the following month.

On the other hand, once the period has been decided, he must stick to it, so that his teams always receive their remuneration at the same time.

A late or only partial payment constitutes a criminal offense punishable by a fine of 2,250 euros.

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