You are on page 1of 2

5.

The term salary advance occurs when your employer agrees to give you a portion
or the entirety of a future paycheck before your usual payday
a.
Every month, employees receive a salary advance based on the amount of work
done during the month.
This means that the advance salary will depend on the volume and amount of
work the employee has done during the month. And according to the way of
workers, if you do more, you get more, if you do less, you get less.
b. In case of performing civic duties (Clause 2, Article 101)
The employer must make the advance payment to the employee for the number
of days the employee temporarily leaves his/her work in order to perform duties
of citizens for a period of 01 week or longer, but the advance shall not exceed
01 month’s salary. The employee must reimburse the advance
Reimburse means he is under the obligation to pay back the received amount.
BTW, Particularly in the case of employees who enlist in accordance with the
provisions of the Law on Military Service, they are not entitled to salary
advances.
c. Annual leave (Clause 3, Article 101):
When taking annual leave, an employee shall receive an advance payment of at
least salary for the entitled days of leave.
The annual leave is classified into 3 discrete intervals of time, including 12, 14,
16 perspectively in accordance with the state of work.
12 for normal working condition
14 both for minor, disabled workers and those who do dangerous work
16 if working in a profession that is excessively hazardous or toxic

d. Temporary suspension of work (Clause 2, Article 128):


In order for employees to have income during the days of temporary suspension,
the law allows employees to receive an advance of 50% of their salary before
being suspended from work.
Upon the expiry of the work suspension period, if the employee is disciplined,
he/she shall not be required to return the advance salary.
e. According to the agreement (Clause 1, Article 101):

This regulation recognizes the agreement between the employee and the
employer regarding salary advances in terms of conditions as well as the amount
of the advance. On this basis, the law does not limit the maximum amount that
employees can receive as an advance. (Therefore, employees can negotiate with
the employer to receive an amount larger than the salary for days off.)
Moreover, the employer is not allowed to charge interest on this advance
amount.

You might also like