Advance payment and receipt of paychecks

Families may be faced with extraordinary expenses for which they may need to request an advance of their paycheck from their employer. The request for an advance is an employee’s right and is regulated both by law and by the Workers’ Statute.

What types of advance payments can an employee request from his or her employer?

There are several types of advances, one related to days worked in the current month and one related to future wages.

Advance on days already worked

The usual payroll procedure is to pay wages in arrears. The employee works for the whole month and is paid at the end of the month, either in the last days of that month or the first days of the following month.

The right to request advances for work already done is regulated in article 291 of the Workers’ Statute, where it is mentioned that the worker has the right to receive advances on account of work already done, without having to arrive on the day set for the payment of the payroll.

This means that the worker can ask for an advance for the days he/she has already worked and this amount will be deducted from the paycheck he/she receives at the end of the month.

Advance on future wages

This type of advance is requested for future salaries. In these cases, the Collective Agreements are in charge of determining whether or not an advance on future salary can be requested and it is most common to ask for justification of the reason for the advance.

There is also the possibility for companies to make a personalised advance agreed in writing.

What are the steps for requesting a payroll advance?

The Workers’ Statute does not regulate the process for requesting an advance. However, it establishes that the request can be made either by the worker himself or by his legal representatives in the company, with prior authorisation. However, before requesting an advance, it is advisable to consult the Collective Bargaining Agreement and the regulations established by each company to know the process.

Normally, the procedure is usually a written request to the human resources manager or the employee’s direct superior.

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