Rostrud: the amount of advance payment is not set at the discretion of the employer

Rostrud clarified whether an employer has the right to set the amount of an advance payment at its discretion, for example 50% of the amount of the salary.

In its latest clarifications, the agency notes that the amount of wages payable to an employee is established in an employment contract in accordance with the employer’s existing remuneration systems. In this case, according to the law, wages should be paid at least every half a month. When determining the amount of payment for the first half of the month, the actual time worked by the employee must be taken into account.

Thus, the amount of the advance payment cannot be less or more than the amount of salary that the employee has already earned for the first half of the month.