When faced with an unexpected expense, requesting a salary advance on pay already earned can be a simple, cost-free way to avoid going overdrawn. But you need to know your rights: when to request it, how much, and following which procedure. The salary instalment (acompte) is often confused with the salary advance (avance), yet these two concepts differ legally. Here is a breakdown for 2026.
Salary instalment or salary advance: what is the difference?
The distinction is above all chronological. The salary instalment (acompte) corresponds to the early payment of part of the salary already earned for work performed. The salary advance (avance), on the other hand, is a sum paid for work not yet performed: legally, it is akin to a loan.
This difference has an important practical consequence. The salary instalment is a right of the employee, governed by article L3242-1 of the Labour Code. The advance, however, is not a right: the employer can refuse it, as it carries a risk of non-payment, and it must be repaid through deductions from salary.
Who can request a salary instalment?
Any employee paid on a monthly basis can request an instalment, whether on a permanent or fixed-term contract, full-time or part-time. However, the scheme does not apply to home-based, seasonal, intermittent and temporary (agency) workers, who fall under other payment rules (at least twice a month).
When to request it: the right to a fortnight’s pay
This is the point that is often misunderstood. The instalment corresponds to “a fortnight” of work already performed: the employee can therefore, from the 15th of the month (once the first fortnight has been worked), request payment of half of their monthly salary, even before their payslip is drawn up.
An essential point about its mandatory nature: the use of the words “is paid” in the law is no accident. It is not an option left to the employer, it is an obligation: the employee who has completed the first fortnight can make their request, and the employer cannot object to it. An unjustified refusal may give rise to damages. No justification is required from the employee, as the reason is part of their private life. Please note: a company agreement or the collective bargaining agreement may provide for more favourable conditions, for example a request possible before the 15th of the month.
What is the maximum amount?
The amount of the instalment is capped at half of the monthly pay, which corresponds to the fifteen days of work already performed. Below this cap, the employee can request the amount they wish; above it, the employer can refuse. An employee earning 2,000 € net per month cannot therefore demand more than 1,000 € net as an instalment.
Two practical limits to know: this right can be exercised only once a month, any additional request being left to the employer’s discretion, and the collective bargaining agreement may provide for more favourable amounts or frequencies. As for payment, payment by bank transfer is mandatory as soon as the salary exceeds 1,500 € net. To clearly distinguish gross, net and the amount actually available, see our article: How to convert gross salary into net salary?
How does it appear on the payslip?
The instalment does not trigger the issuing of an early payslip. The amount of the instalment is simply shown on the payslip provided at the end of the month, on a specific line, then deducted from the net salary to be paid. The entire gross salary for the month, including the instalment, remains subject to social contributions, deducted as normal at the end of the month. In other words, the instalment costs the employee nothing: no interest, no fees, unlike an overdraft or a loan.
The steps to make your request
The procedure varies from one company to another, but generally follows these steps: consult the company’s internal policy (some have a dedicated form or portal); make a written request (email or letter), recommended even though verbal is sufficient in law; send the request to the HR department or manager; then wait for payment, taking into account the bank processing time (1 to 5 working days depending on the payment method).
A common-sense tip: even though you can request up to half of your salary, ask for a reasonable amount, suited to your actual need. Otherwise, too large a portion of your pay would already be used up by the end of the month.
MIA Assurances supports you
An employee’s compensation is not limited to salary: their social protection (health insurance, death and disability cover, pension, employee savings) plays a key role in their overall financial balance. As a specialist insurance broker, MIA Assurances supports companies in setting up these benefits, working with the HR and payroll departments. For any question about your teams’ social protection.
