By way of derogation from the provisions of Article L. 3251-1, compensation between the amount of wages and the sums that would be due to the employer may be provided in the case of the following supplies: 1° Tools and instruments necessary for the work ; 2° Materials for the care and use of the employee; 3° sums advanced for the acquisition of these same objects.
Apart from the cases provided for in 3° of article L. 3251-2, the employer may only deduct wages for cash advances he has made if the successive deductions do not exceed one tenth of the amount of wages due. The deduction made in this respect is not to be confused with the seizable or transferable part. Payments on account for work in progress are not considered to be advances.
Subject to the provisions of article 1240 of the French Civil Code, employers may not require employees to pay money or withhold money under the name of expenses or any other name for any purpose whatsoever, in the normal course of their work in the following sectors: 1° Hotels, cafés, restaurants and similar establishments ; 2° Entertainment companies, circles and casinos; 3° Transport companies.
The provisions of this chapter shall apply to sums due by way of remuneration to any person employed or working, in any capacity or in any place whatsoever, for one or more employers, irrespective of the amount and nature of his remuneration or the form and nature of his contract.
Subject to the provisions relating to maintenance payments set out in article L. 3252-5, sums due by way of remuneration may only be seized or transferred in the proportions and according to the thresholds of remuneration affected by a correction for each dependant, determined by decree in the Conseil d’Etat. This decree specifies the conditions under which these thresholds and adjustments are revised in the light of changes in economic…
To determine the fraction that cannot be seized, account is taken of the amount of remuneration, its accessories and the value of benefits in kind, after deduction of compulsory social security contributions and the deduction at source provided for in article 204 A of the General Tax Code. Account is also taken of an unseizable fraction equal to the lump sum mentioned in article L. 262-2 of the Code de…
Where a debtor receives from several payers sums that may be seized or assigned under the conditions set out in this chapter, the portion that may be seized is calculated on all of these sums. Deductions are made in accordance with the procedures determined by decree of the Conseil d’Etat.
Direct debit of the current monthly instalment and the last six months’ unpaid maintenance payments, or the last twenty-four months’ unpaid maintenance payments when the body responsible for paying family benefits is acting on behalf of the creditor, may be pursued against the entire remuneration. It is first deducted from the unattachable portion and, if applicable, from the attachable portion. However, in all cases, a sum is left at the…
Remuneration may not be subject to sequestration.
Where there is more than one seizure, creditors shall be paid in concurrence, subject to legitimate grounds for preference. However, the lowest residual claims, in ascending order of amount, without exceeding an amount set by decree, are paid in priority under the conditions set by that decree.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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