Payday advance: it can be refused

The payday advance is paid a portion of the salary while the corresponding work has yet been made by the employee. This example for instant payday advance, if, in response to an issue of bank overdraft, you ask your employer to pay you your full salary, even though the first half of the current month is not yet passed .

- Nothing requires your employer to give you an advance. In effect the payment of wages must be consideration for work performed by the employee.

- However, if you grant an advance, you must sign an acknowledgment of debt and precise rules regarding the repayment of the amount advanced.

Thus, according to the Labour Code, it can not make a deduction in excess of 1/10th of your net salary, until exhaustion of the advance. You can however, make voluntary contributions to pay off faster or provide lower monthly payments.

Installment payday: right

The deposit is to pay compensation to an employee a period of work already done, but before the normal expiry of his pay. For example, if you ask your employer to pay you half your salary in the 15 months.

- If you are paid monthly, your employer can not oppose the payment of a deposit equal to one half, one half of your monthly salary. You can ask for more, but it is free to refuse. Some collective agreements provide the opportunity to request a deposit equal to three quarters of earnings.

- You can submit your application from the 15 months, either verbally or in writing. Enter the desired amount. You do not have to justify yourself on the ground.

Tip: If you’re acting, it is the temporary employment company that you should apply.

- Up to 1500 euros, the deposit can be paid in cash, beyond that, only by check or wire transfer.

- The deposit will be deducted from your next payday.

Loan to the employee: possible

Although he does not act in a financial institution, employer or works council may grant a loan to the employee for social considerations. The amount is not limited, unlike the oude advance deposit, but must be a contract.

- The repayment of the loan must be included in the contract include: the amount of the installments, the manner and timing of payment, an amortization schedule, the interest rate to be paid back if you have agreed on a loan with interest , the repayment terms clearly specified the fate of the loan in case of breach of employment contract.

- Repayment of the loan can not be done, as an instant payday advance, by deductions from your salary. It must be repaid by monthly payments made by check or wire transfer and that can not exceed one-tenth of your net salary.

- Self you leave your company, that does not make the loan due immediately, unless that was under the loan agreement. But your employer can offset the loan balance with, for example, severance pay he owes you. In case of non-repayment of the loan you can assign your employer paid before the high court.