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Balance of any account

Verified 27 October 2021 - Legal and Administrative Information Directorate (Prime Minister)

The balance of any account lists the amounts paid to the employee when his employment contract was terminated. The balance is established by the employer. The employer is given to the employee against receipt. It is due to the employee for any type of employment contract (CDI: titleContent, CDD: titleContent, temporary contract), whatever the reason for the break (resignation, dismissal...).

Receipt for account balance is part of documents that the employer must hand over to the employee at the end of his employment contract.

The receipt for the balance of any account shall record all amounts paid to the employee (by check or by bank transfer) on the occasion of the breach of the contract.

The information to be included in the document is as follows:

  • Total amounts due to the employee on the date of termination of the contract (salary, premiums, severance pay...)
  • The statement that the receipt for the balance of any account is drawn up in duplicate (one of which is given to the employee)

If the employee gives notice

The employer shall give the employee one of the copies of the receipt for the balance of any account upon the termination of the employment contract.

When the document is ready, the employer must inform the employee and give it to him.

Please note

the act does not require the employee to sign the receipt for the balance of any account.

If the employee is waived

The employer shall give the employee one of the copies of the receipt for the balance of any account upon the termination of the employment contract.

However, if notice is waived, the employer may remit the receipt on the company employee's physical departure date without waiting for the notice to be completed.

Example :

An employee is exempted from the requirement to give notice of the 1to as of October 31. The employer may issue the receipt to the employee on September 30.

When the document is ready, the employer must inform the employee and give it to him.

Please note

the act does not require the employee to sign the receipt for the balance of any account.

The receipt for payment of any account may be contested by the employee where the employer (intentionally or unintentionally) made an error or oversight in calculating the various remuneration or allowances.

Employee signed receipt

If the employee has signed the receipt for the balance of any account, the employee has 6 months after the date of signature to challenge it.

If the action relates to sums not mentioned in the receipt for pay, the employee shall have a period of 3 years to contest the receipt.

The challenge must be addressed to the employer by registered letter.

The letter then specifies the reasons for the protest and the amounts involved (e.g., salary arrears or vacation pay).

The employer is not obliged to mention the 6-month challenge period on the balance of any account.

Warning  

the employer can claim any overpayment for 3 years.

Employee did not sign receipt

Where the receipt for the balance of any account is not signed, it may be challenged before the prud'homme council within the following time limits:

  • 1 Year if the amount relates to the breach of contract (example: termination pay)
  • 2 years if this involves a dispute between the employee and the employer during the performance of the employment contract (example: non-payment of professional fees)
  • 3 years for all matters relating to salaries

The challenge must be addressed to the employer by registered letter.

The letter then specifies the reasons for the protest and the amounts involved.

Warning  

the employer can claim any overpayment for 3 years.