Sometimes a complicated month in terms of expenses (with unforeseen events that force us to pay more than necessary or too much expense) can make it difficult for us to reach the end of the month or resort to savings accumulated with effort for a certain time.
In these cases, and oddly enough, the worker has the right to request an advance on his salary from his company. This advance does not depend on the goodwill of the employer, it is recognized nothing more and nothing less than the Workers’ Statute. It is a right that many people are unaware of but that can be enjoyed if everything takes place in the established channels.
Thus, article 29.1 of the Statute refers to the right of workers to receive them, or their legal representative, “without the arrival of the day set for payment, advances on account of work already done“. Regardless of what is usually done in the company, the reference payment date is the one marked in this article: it may not exceed one month from the previous payment date.
The wording of the text of the Statute is clear and indicates that salary advances can only be requested (and what is considered as such) and only on what has been generated at work. That is, the On the 10th of the month, a maximum amount corresponding to 10 days of work may be requested.. In addition, advances of summer or Christmas payments cannot be requested.
Once the company receives the communication from the employee, it must respond quickly to your request. This is because, otherwise, if the response were to take too long, the worker would lose his right in practical terms: the advance is not useful if it is actually received one or two days before, for example, the usual payroll collection.
When making the request, the recipient of the request must be the person in charge of human resources of the company or, failing that, the worker’s superior, who must record said request in writing as proof and documentary guarantee in case of later disagreements or any problem or confusion that may arise in the future.
However, the Workers’ Statute, which grants this right to citizens in relation to their companies, serves as a legislative base on which certain rights can be developed or outlined through collective or company agreements.
For this reason, the worker will have to consult the agreement that affects him to make sure that you have the possibility to request an advance or check if the circumstances in which they are requested are different from what is written in the Statute: in terms of amounts, explanations, causes that motivate the advance…