METHOD OF PAYMENT OF SALARY
LexInter | May 27, 2002 | 0 Comments

METHOD OF PAYMENT OF SALARY

Article L143-1

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) 
(Law n ° 89-18 of January 13, 1989 art. 54 Official Journal of January 14, 1989)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   Subject to legislative provisions imposing the payment of wages in a specific form, wages must be paid in metallic or fiduciary currency having legal tender or by crossed check or by transfer to a bank or postal account, notwithstanding any stipulation to the contrary, on pain of nullity.
However, below a monthly amount fixed by decree, the salary is paid in cash to the employee who requests it.
Beyond a monthly amount fixed by decree, the salary is paid by crossed check or by transfer to a bank or postal account.
   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L143-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   The salaries of employees and those of workers benefiting from an agreement or a monthly payment agreement must be paid at least once a month; in the absence of any agreement or agreement of the above-mentioned nature, the wages of the workers must be paid at least twice a month, not more than sixteen days apart.
For any piece work the execution of which must take more than a fortnight, the payment dates may be fixed by mutual agreement; but the worker must receive installments every fortnight and be fully paid within the fortnight following the delivery of the work; in the event of a monthly payment agreement or agreement, the worker must receive installments each month and be paid in full within the month following delivery of the work.
   Collective monthly payment agreements or agreements must include a clause delimiting the conditions for the possible payment of down payments to workers.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L143-3

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law nº 80-386 of May 30, 1980 art. 1 Official Journal of May 31, 1980) 
(Law n ° 98-546 of July 2, 1998 art. 8 I Official Journal of July 3, 1998)
(Ordinance n ° 2004-602 of June 24, 2004 art. 10 II Official Journal of June 26, 2004) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The provisions of this article apply to all apprentices, employees or working in any capacity or in any place whatsoever for one or more employers and whatever the amount and nature of their remuneration, the form or the validity of their contract.

When paying their remuneration, the employer must provide the above-mentioned persons with a supporting document called a pay slip. The particulars which must appear or be annexed to the pay slip are determined by decree of the Council of State.

When paying wages, no signature or signature formality other than that establishing that the amount received corresponds to the net amount appearing on the pay slip may be required.
Employers must keep duplicate pay slips for their employees for five years.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L143-4

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law n ° 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
   The acceptance without protest or reservation of a payslip by the worker may not be equivalent to the latter’s waiver of the payment of all or part of the salary and of the indemnities or salary accessories which are due to him by virtue of the law, the regulations, a collective labor agreement or agreement or a contract.
This acceptance cannot be considered as account stopped and settled within the meaning of articles 2274 of the Civil Code and 541 of the Code of Civil Procedure.
   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

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