Is it possible to refuse to pay wages for the first half of the month?

Can an employee refuse an advance for 1 half of the month?

RF.NDFL for January was withheld from the next payment in cash on 02/17/2017 (advance payment for February 2020).
As for the amount of the advance due to unworked time, it must be taken into account when paying the advance for the next month.

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Summarize:

wages for the first half of the month (from the 1st to the 15th) must be paid on the appointed day from the 16th to the 30th (31st) day;
the payment date is established in any of the documents listed in Art. 136 of the Labor Code of the Russian Federation (internal labor regulations, collective or labor agreements), while it is unacceptable, instead of a specific day for payment of wages, to establish a period during which it can be paid;
When determining the amount of the advance, controllers recommend taking into account the time actually worked by the employee (the work actually performed by him).

What to do to receive an advance

According to the legislation of the Russian Federation, payment cannot be made in one payment; the employee must have an advance payment and a salary, which are paid once a month, dividing it into approximately 2 parts. Attention But what to do in a situation where an advance payment is urgently needed? Let's look at this problem in more detail in the article. What is an advance and when can it be issued?

According to the Labor Code of the Russian Federation, wages can be paid to an employee at least twice a month. The payment procedure and amount must be specified in the employment or collective agreement. The document also states the date of payment of wages. The period between two payments must be 15 days. Sample applications To receive a tax deduction for children, you need to write an application - an example can be found here. What to do when traveling on a business trip?

Money is issued strictly on account and the balance must be returned back to the company's cash desk. If there is not enough money, then the accounting department is obliged to pay the employee the missing funds. At the same time, all actions must be documented. What needs to be done to receive an advance Issuing an advance, unless it relates to official needs, is the sole will of the employer.

Refusal of advance payment, an application from the employee is required

The salary payment period is determined by the employer. Typically, it is paid twice a month. In this case, one of the payments is called an advance. Let's consider what an advance is, in what amount and within what time frame it must be paid, and what liability the employer faces for failure to pay the advance. But first, let's look at the general provisions of the law regarding the payment of wages.

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Our organization pays employees an advance and wages. If an employee does not want to issue an advance, is it necessary to request a waiver from him? The rationale for this position is given below in the materials of the Glavbukh System. Recommendation: How to pay a salary advance. Situation: is it possible to pay salaries once a month if written statements of consent to such an order have been received from employees. The frequency of payment of wages is established by the Labor Code of the Russian Federation. Therefore, paying wages at least every half month is not a right, but an obligation of the organization.

Does the employee have the right to refuse to receive an advance payment, which In addition, when determining the advance payment, the employer must.

Register Login. Mail replies. Questions - leaders Fleeing from the scene of an accident - 3 months statute of limitations adm. What will be the consequences if a Buddhist rite of Heavenly Burial is held on the territory of the Russian Federation?

And when the at-fault driver faces liability for causing harm to health, voluntary pre-trial compensation, formalized in this way, will become a real argument for mitigating the punishment. If the bank asks you to provide documents confirming payment in cash, you can do this without difficulty. The above list of regulatory legal acts requiring snow and ice removal is not exhaustive.

To do this, you must have the appropriate license. The employer will need to compare which pay period the benefit will be greater for and select the appropriate period.

An additional convenience is that the Notary can take over the registration of the transfer of rights in Rosreestr, which not only simplifies the transaction process for its participants, but also significantly reduces the Opens in a new tab.

Other important details are also indicated here. But ultimately, legislators decided to introduce a Russian analogue of the Soviet order. The basis for this is the statements of persons who act in the interests of ensuring the safety of such property (heirs, executor of the will, guardianship and trusteeship authority, etc.).

Whether these differences are accidental or not will become clear when the forms are approved. The owner of the property can set expiration dates at his discretion. The original agreement can be provided upon request of the citizen.

The second part of the provision reflects the fact that individuals can be recruited by the manager for the purpose of performing additional work only if this is stated in the employment contract. Familiarize workers with the report on the special assessment of working conditions. That is, in fact, the appellate court reviews those decisions that have already been made, at the same time.

VIDEO ON THE TOPIC: Is it possible to return the advance or deposit paid for an apartment?

Sample application for refusal to pay advance payment

After completing the application, you must contact your immediate supervisor so that he can sign it and submit it to the management of the organization.

Is the employer obligated to pay? After writing, the manager reviews it and makes a decision whether to grant the request or refuse. 6 basic rules for drawing up an application for an advance Document and its purpose There are several situations when the preparation of this paper becomes necessary: Writing: sample and rules It is recommended to choose a business style of presentation.

It is better to clarify the writing rules in advance, otherwise management may not accept the documents.

Sample application for an advance on salary Selutina, Ph.D. econ. Sciences, Associate Professor of the Department of Economic Theory and Management of the Samara Branch of the Moscow City Pedagogical University Regarding the payment of wages in advance. The terms of payment are regulated by Art. 136 Labor Code of the Russian Federation (paragraph 6)

What should I do if I want to refuse an advance and receive a salary once a month?

Hello, I want to refuse an advance payment and receive a salary once a month, I know that this is prohibited by the Labor Code, what should I do in this case?

July 31, 2020, 09:21, question No. 1710716 Irina, Pyatigorsk Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (5) 207 answers 86 reviews Chat Free assessment of your situation Lawyer, Barnaul Free assessment your situation Discuss with your employer the option of paying an advance in a minimum amount, for example, 500 rubles.

Then the legal requirements will be met and, at the same time, your goal will be achieved.

July 31, 2020, 09:25 0 0 914 replies 481 reviews Chat Free assessment of your situation Vil Victor Lawyer, Tomsk Free assessment of your situation

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Hello Irina.

Payment of labor once a month is a requirement established by law.

Even if you voluntarily sign changes to the employment contract and refuse this procedure, this will be a worsening of your position in comparison with the Labor Code. Such provisions, even signed voluntarily, are not subject to application and are void (Art.

9 of the Labor Code of the Russian Federation) In addition, the employer may be punished for this. Write an application to transfer your salary to your personal bank account and withdraw once a month as needed July 31, 2020, 09:27 1 0 843 responses 417 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation Good afternoon, Irinast 156 Labor Code of the Russian Federation establishes that wages are paid at least every half month.

those. Now there is no concept of an advance; the employer must pay exactly the wages for the time you actually worked for every half month. If he does not do this, he may be brought to administrative responsibility. July 31, 2020, 09:28 0 0 81 replies 30 reviews Chat Free assessment of your situation Lawyer, city.

Saransk Free assessment of your situation Good day. According to current legislation, wages are paid twice a month. If the employer agrees to fulfill your request, he may be subject to penalties if any of the checks reveal this fact of violation of the law. July 31, 2020, 09:48 0 0 10.0 Rating Pravoved.ru 3949 answers 1405 reviews expert Chat Free assessment of your situation Lawyer, city.

Pyatigorsk Free assessment of your situation

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Good afternoon, I want to refuse the advance and receive wages once a month. Irina, you cannot refuse the advance. The advance is paid in the amount of 40 to 50% of earnings. What to do in this case? Irina I recommend that you receive your salary on a bank card, in this case you do not have to withdraw money 2 times a month, but only 1.

01 August 2020, 14:49 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Similar questions June 11, 2020, 23:08, question No. 2022755 December 15, 2020, 08:16, question No. 1072617 April 14, 2013, 23:22, question No. 65940 May 19, 2020, 12:54, question No. 2000094 July 23, 20 20, 10:33, question No. 915678 See also

How to write an application for an advance in 2018

Every person has the right to receive monetary compensation for his work.

The procedure for its payment, amounts, etc. are regulated by current legislation and the employment contract.

But sometimes different situations arise and you may need to make an enhanced advance or receive it ahead of schedule.

In most cases, this issue can be resolved simply by submitting a properly prepared application to the management of the organization.

Salary is usually divided into two payments - an advance and the salary itself.

Sometimes an employee needs additional funds to solve his financial problems and the employer can provide him with the necessary assistance within reasonable limits.

But this is his right, not his obligation.

A request for an enhanced or extraordinary advance must be submitted in writing.

Only based on the results of consideration of the relevant application, the organization’s management can resolve this issue.

Important! It is necessary to distinguish the issuance of an advance for travel and other expenses associated with the execution of instructions from the employer from an advance paid on wages

Labor legislation

Labor legislation specifies that each employee must receive monetary remuneration for his work.

The Labor Code of the Russian Federation establishes the obligation of the employer to pay wages in at least two payments.

About half of the amount is usually an advance, and the rest is already the salary itself.

The amount of wages and the specific procedure for paying them to an employee are established in an individual or collective labor contract.

You should know that while establishing the obligation of an organization to make wage payments at least 2 times a month, the Labor Code of the Russian Federation does not limit it to more frequent issuance of funds.

Specific dates for the payment of advance payments and wages are fixed in the employment or collective agreement.

Important! If there are delays in the payment of wages or advance payments and it is impossible to resolve the situation with a violation of the contract through negotiations, you should not delay going to court. You can file a claim for recovery of an advance or salary only within 1 year from the date on which the established amount must be paid to the employee

You can file a claim for recovery of an advance or salary only within 1 year from the date on which the established amount must be paid to the employee.

What are the reasons for receiving

Various force majeure situations may occur in life and an employee may urgently need additional funds or simply find it necessary to receive an advance ahead of schedule.

In this case, the employer can meet halfway provided there is a written application from the employee.

Let's consider the reasons that may become the basis for receiving an advance ahead of the deadline established in the contract or in a larger amount:

What percentage of the salary is an advance, rules for calculation and payment in 2020

Thus, the employer does not have the right to pay employees wages once a month, even if they have written statements requesting the specified procedure for paying wages.

The Labor Code contains imperative norms that salaries must be paid at least once every half month. Any statements by employees do not affect the operation of these standards.

If this is an agreed statement, then yes...

For now, in our country the legislation of the Russian Federation, and not that of individual employers, applies. so any action or inaction must be based on the law, in this case on the Labor Code! They have no right to force people to sign such papers. and without your signature they have no right to do this. and in general the law is the law.

What to do if they didn’t give you an advance at work

Deductions upon dismissal If an employee quits before the end of the working year, for which he was granted annual paid leave in advance, the employer has the right to withhold from his salary the amount for unworked vacation days (Article

Also, one of the “non-refundable” areas is ordering various services, since often in order to complete your task, the service seller has to spend money on materials or simply waste his time. In this case, the prepayment is set by the seller himself and is not refundable if you were aware of this and then decided to refuse.

Providing leave in advance is the right of the organization, not its obligation. The organization is obliged to provide leave in advance only to certain categories of employees (at their request): Thus, if the employee does not belong to the specified categories, the employer has the right to refuse to provide the employee with leave in advance.

It should be taken into account that specific dates for payment of wages must be established (internal labor regulations, collective agreement, employment contract) with an interval of 15 days (paragraph 6 of Article 136 of the Labor Code of the Russian Federation). Also, Letter of Rostrud N 1557-6 concludes: when determining the amount of the advance, the time actually worked by the employee (the work actually performed) should be taken into account.

The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations.

If we have written a refusal of the advance payment, should we be paid extra money for this in addition to our salary?

Such additional payments are not established by law. Although the employer, at his discretion, can establish any additional payment for any action, even for sweeping the floor with a bird’s feather. As for such a statement, it gives nothing, because... contrary to the labor code. And when checked, he will be hit with the full program.

Firstly, this is not legal; the labor code even says that even with the written consent of the employee. I'll give you a link now. Labor Code Article 136 “Wages are paid at least every half month on the day established by the internal labor regulations , collective agreement, employment contract.” I attended a seminar on this topic at PRAVOVEST, where they did not advise doing this. This is fraught with danger for the employer; the court was on the employee’s side in all proceedings.

Application for advance payment Info At the same time, you will have to describe the purposes for which the money will be spent; the amount may not be indicated accurately, since prices in different regions may differ. The employee will provide a detailed report on expenses after the trip.

We write an application An application requesting an advance payment is written to the director of the company. The text should indicate the reason why the employee is asking for late payment of a certain amount. It should be noted that before writing an application, you need to verbally voice your request to your boss or accountant; perhaps the required amount is not available or the manager will consider it necessary to increase or decrease the amount of the advance. The completed application must be submitted to the director personally or through the immediate supervisor.

The document approved by the boss will go to the accounting department or cash desk, where the required amount will be issued. How to write an application for an advance? The main text should be consistent and sufficiently succinct - usually the main idea fits into one - a maximum of three sentences. If there are any circumstances in connection with which the employee wants to receive an advance and which he can document, this must also be reflected in this document in the form of a clause on attachments. Finally, the application must be signed by the applicant with a transcript of the signature and dated on the day of submission.

The application is drawn up in two copies: After its consideration, depending on the decision made by the manager, a resolution is written on the application. If it is positive, based on this document, the accounting department calculates and issues the required amount. The performance assessment is displayed in the amount of wages that the employee receives per month.

How to write a statement of claim

Many transactions are confirmed by the payment of an advance payment. But what if the agreement is terminated or the obligations under the contract are not fulfilled? Is it possible to return the funds back?

A claim for the recovery of an advance amount in accordance with contracts for work to be performed is a recovery of funds for work that was not performed, or for goods that were not presented.

There are many examples of such statements, since such a document must be drawn up for each specific case.

On recovery of the amount of unpaid advance

If the contract is recognized by the court as not concluded, then the unearned advance payment is returned to the customer as unjust enrichment.

In paragraph 1 of Art. 1102 of the Civil Code states that a person who has received or saved property objects at the expense of other persons must return such objects.

Exceptions are the situations prescribed in Art. 1109 Civil Code. If an excess amount of salary advance is given to an employee, it may also be recovered.

Grounds for retention – part 1 of Art. 137 of the Labor Code of Russia, which states that the amount of an unpaid advance by an employee may be withheld.

But there is just one nuance - there is no clear definition of an advance in the legislation. In Art. 136 of the Labor Code only states that salaries should be paid to employees 2 times a month.

The obligation to provide funds as an advance is not provided for by regulatory documents.

The company has the right to recover the amount of the unpaid advance from the employee, withholding it for 1 month after the end of the period when the amount of the debt must be repaid.

But at the same time, the employee should not dispute the basis and amount of deductions (Part 3 of Article 137 of the Labor Code). How do you know if an employee has any objections to being withheld? The company sends a notice to the employee.

The deadline for filing such a document is not established by law. But it is worth adhering to a reasonable period of time so that the employee has the opportunity to express his will. Notice will be provided in writing.

The employee must sign for receipt. If such conditions are not met, then the employer writes a statement of claim to the court.

A company employee can withhold the advance amount only in the part in which it has not been worked out from the next transfer to the citizen.

If an employee resigns, unearned funds are withheld when determining the amount of estimated amounts paid upon termination of the employment contract.

The amount of deduction cannot be 20% of earnings (Part 1 of Article 138 of the Labor Code). The remaining funds can only be returned if the employee voluntarily complies with your request. Another option is a lawsuit.

About the refund

For example, according to an agreement on copyright orders, one party must create scientific, literary or other works.

Read all about VHI with dentistry here.

What is included in children's voluntary health insurance, see here.

Material media of works must be transferred to customers for use for a certain period of time. Such contracts are considered compensated unless other rules are specified in the contract itself.

If the agreement was drawn up with the terms of transferring to customers the rights to use the work within the framework prescribed by the agreement, the rules of Art. 1286-1287 Civil Code.

The liability of authors under contracts for the alienation of exclusive rights to works and under licensing contracts is limited to the amounts of actual damage caused to the other party.

If the contract is not fulfilled or performed improperly, the author is liable. In addition, he will have to return the advance payment and pay a penalty, if any is mentioned in the contract itself.

If a person refuses to return the advance, he will be liable in accordance with paragraph 1 of Art. 395 of the Civil Code for the use of someone else's property.

When the case is heard in court, a representative of such an authority will satisfy creditor claims based on the discount rate of bank interest at the time the statement of claim was filed or at the time the decision was made.

Such rules do not apply if other interest rates are specified in the contract. In addition to the amount of the advance and penalties, court costs may also be recovered (Articles 88, 94, 98 of the Code of Civil Procedure).

Payment of the advance amount is, for example, a guarantee for companies that the deal is considered concluded and the customer/buyer will not change his mind at the most important moment.

To receive such funds, you must fill out the application correctly.

But it is equally important to know how to return funds back in case of violation of the terms of the contract

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can be done as follows: if the accounting department has accrued an advance to you, then it is your right to receive it or not! the main thing is that he.

Is it legal to refuse an advance payment?

Thus, issuing an advance to an employee before a business trip is not.

to reimburse the unearned advance payment issued to the employee on account. the employee’s refusal to transfer to another job as required by him c.

Replacement of vacations provided in advance with monetary compensation. Refusal of an employee to use labor leave. According to.

Deductions to reimburse unearned advances issued to employees c. refusal of the employee to transfer to another job necessary for him c.

and in the event of an employee’s refusal to work (Articles 35, 36,38 of the Labor Code). business trips if the employer does not pay the advance within a reasonable time.

Do such documents affect taxes?

You will have to pay 40-50 thousand rubles if mistakes were made by those who filled out the application. Moreover, according to the new law, verification is no longer the responsibility of the bank where the company opened a current account.

Now this work is performed by tax officials. They have the right to inspect all normal activities.

But the fine can be canceled. The law does not provide for liability for errors if the director issues reports to himself. But this will have to be proven. Most likely during legal proceedings.

When applying for a new position, you need to consider a lot. From this article you will learn what documents are needed when applying for a job.

How to create an invoice for an advance payment in 1C Accounting, see this video:

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What to write in an application for an advance payment sample

If you nevertheless decide to issue an advance against your future salary, secured by permission from the Ministry of Labor (letter No. 14-1/OOG-3602), be sure to receive an application from the employee. It is drawn up in free form, outlining a request for the issuance of a sum of money and the circumstances in connection with which such a need arose. It would be useful to attach supporting documents.

A sample application for an advance on wages may look like this:

Following the recommendations of the Ministry of Labor, do not forget to also include the procedure for issuing unscheduled salary amounts in local regulatory documents, for example, in internal labor regulations. The wording could be like this:

“Based on the employee’s personal application, the employer has the right to pay him a sum of money on account of future wages with subsequent deduction of this amount from the wages.”

This publication explains what wages consist of.

Giving an employee a salary in advance - before he has earned it - is always a risk. The letters from officials on this issue do not reveal a single position, however, the latest clarifications from the Ministry of Labor allow that the employer can meet the employee halfway. To do this, it is necessary to obtain a corresponding application from the employee, and also to establish the procedure for paying such funds in local regulations. The application is drawn up in free form, indicating the required amount and the reasons why it was urgently needed.

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Application for refusal to receive an advance

, details of the applicant (full name, position), title of the document Main Request for an advance, its size, reasons why it should be issued in a larger volume or earlier than the deadline, or the purposes for which funds need to be received " under report" Final List of attachments (if any), date of document preparation, signature of the applicant Writing rules When drawing up an application for an advance payment, you must adhere to a strictly business style of presenting information.

You should always remain as concise as possible. Info Business trip - Despite the fact that the head of the employing organization makes a decision at his own discretion and is not obliged in this situation to satisfy the employee’s request, there are practically no refusals on these requests. Often it is much more profitable for company management to retain the loyalty of a permanent employee.

Comment. You should not abuse the opportunity to receive an advance ahead of schedule or in a larger amount than established by the contract.

Substitution of concepts

We study the rules of the market: advance or deposit
The fundamental mistake of sellers is the belief that the advance performs the same functions as the deposit, but this is a big misconception. An advance, unlike a deposit, cannot serve as a means of securing a transaction, and this is their fundamental difference. Concluding an agreement on making an advance payment does not give the seller the right to withhold the buyer’s funds in the event of a deal failure. In the absence of an underlying purchase and sale agreement, this document cannot impose monetary obligations on the buyer. The advance is merely a portion of the money owed and paid by the buyer to the seller prior to the conclusion of the main contract, and nothing more.

If the deal falls apart without reaching its logical conclusion, the seller simply must return the money to the failed buyer. If he refuses to do this, the buyer can write a statement to the court to return the advance payment and declare the contract invalid. Moreover, the party that initiated the claim has grounds to demand interest from the owner of the apartment for the use of his finances for the time during which they were at his disposal. The basis for such a requirement is Article 395 of the Civil Code of the Russian Federation. As mentioned above, interest will be calculated at the bank rate established by the Bank of Russia.

Is it possible to accelerate the issuance of an advance on wages with an application?

First you need to understand what is meant by an advance, because there is no definition of this concept in the legislation:

If this is the first part of the salary (and it is in this context that the word “advance” is traditionally used), then a shift in the timing of its payment is clearly unacceptable: neither earlier nor later than established by the employer’s local documents, any part of the salary cannot be issued (Article 136 Labor Code of the Russian Federation). And even if there is an employee’s application for early payment of the advance, the employer may be recognized as a violator and fined under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Read more about what an advance is and how it is paid here.

The word “advance” is also used in another meaning - as payment of salary (or part of it) ahead of schedule on account of future earnings. The lack of money is familiar to many: for example, an employee has to spend money on a wedding or renovation, and he asks for a salary in advance - several weeks or even months in advance. According to the Ministry of Labor, the employer can satisfy this request, but he must prescribe the procedure for making such payments in his internal regulations (letter of the Ministry of Labor of the Russian Federation dated May 10, 2017 No. 14-1/OOG-3602).

IMPORTANT! Whatever the context in which the word “advance” is used, failure to meet the deadline for its issuance is fraught with risk. Despite the fact that today the Ministry of Labor formally authorized the issuance of money at the request of an employee against future earnings, there are also completely opposite explanations

For example, letter No. PG/4067-6-1 of Rostrud of the Russian Federation dated May 30, 2012, in which the agency indicated that establishing deadlines for payment of wages not provided for by the Labor Code of the Russian Federation is not allowed, even if there is an application from the employee.

Return nuances

When wondering whether it is possible to return a previously paid deposit or whether this is not possible, it should be taken into account that each individual case has its own nuances. For example, in transactions involving the purchase of housing, a deposit is very relevant and is used quite often. Theoretically, this is a guarantee that the buyer will not change his mind about purchasing the property, and the seller will not find another buyer and sell the property to him. In practice, this guarantee is very conditional and rests entirely on the human factor.

The conditions mentioned above, with a double return and a situation where it is not possible to return the deposit, are regulated by the Civil Code of the Russian Federation. In this case, the execution of such a payment can be not only in the form of an agreement to the main contract, but also in the form of a receipt with the required details in it.

You should be extremely careful, since an incorrectly drawn up document will be considered invalid.

Mandatory information in the receipt:

Last name, first name and patronymic of each participant (seller and potential buyer);
Address of registration and actual residence of the parties;
The subject of the transaction being concluded (house, land, apartment, room, garage, etc.) and its details (cadastral number and location);
Deposit amount (in words and figures);
Approximate planned date of conclusion of the transaction;
Signature of each party, transcript of signature (last name, initials).

Better to play it safe

Claims for the return of advances are not something out of the ordinary in judicial practice. Their widespread distribution indicates the low level of legal culture of the population.

Unlike an advance payment, an earnest money deposit imposes certain obligations on the buyer. If he refuses the deal, this money will be lost to him. Therefore, market experts do not recommend that buyers enter into a deposit agreement due to its obvious unprofitability.

No matter how serious the intentions of the parties, life is life, and sometimes it brings unpleasant surprises. Perhaps the potential buyer really seriously intends to purchase the apartment he likes, but he may have circumstances that require cash expenses, or the bank will not approve the apartment. There are also more dramatic reasons for deal failure. Then the purchase will have to be postponed, or even canceled altogether. In the end, he may have another, more preferable option, so why drive himself into a tight framework of unpleasant obligations and add hassle to this already difficult period of life, which requires a certain amount of effort from a person and is associated with severe stress?

The deposit made for any type of planned acquisition, in particular a piece of real estate, is a voluntary, non-obligatory payment, which acts as a kind of guarantee to both parties of the seriousness of the intention. The deposit is provided to the seller by the potential buyer and creates certain rights and obligations between them even before the purchase and sale agreement is drawn up and signed.

Such different concepts as deposit and advance should not be confused. They both represent the payment of some part of the amount agreed upon by the parties, however, their intended purpose is somewhat different. So, for example, an advance has only a payment function, while a deposit has both a payment and a security function. To clarify the picture a little, it is worth noting that:

In addition, the advance is always returned, even if the contract is not signed, but the deposit is not returned in any case. To avoid future disputes regarding whether the payment made was an advance or a deposit, the parties should avoid verbal agreements. The corresponding agreement must be concluded in writing.

About issuing an advance in connection with a business trip

To send employees on a business trip, the following must be completed:

Travel certificate; Service assignment; Order.

The responsible person must submit all these documents immediately after returning from the trip. This includes an advance report confirming the costs.

The amount is calculated based on the results of the entire trip. Then management makes a decision to officially approve the costs, for which a special order is issued.

Looking for a place where you can do your work in peace? Then you will be interested in reading this post about coworking centers.

Sometimes advances are transferred as funds for travel expenses. What information needs to be included in the application in this case?

About the amount of costs for each item, including travel and food, accommodation. The calculation is reflected according to means, taking into account the total travel time.

You must indicate the amount that is paid as an advance from the cash register.

The data that is set out in the order that became the basis for sending on a business trip must be reflected. Start and end date of the business trip.

Name of the area where the employee will be sent.

The employee gives his consent. He should be aware that an expense report needs to be drawn up.

Example of an advance report.

Court decisions on the return of advance payments

Only the court can recognize an advance as a deposit.
If it comes to appealing to the authorities, the sellers try to convince the court to recognize the advance as a deposit. The concept of a deposit is defined by Article 380 of the Civil Code of the Russian Federation, which states that a deposit is given by one of the parties to the transaction to the other party as a guarantee of the fulfillment of obligations assumed against the funds due for payment under the contract.

This outcome fully corresponds to the interests of the seller, but the courts are guided in this case by the provisions of Articles 421 and 422 of the Civil Code, which invalidate the inclusion in the advance agreement of the provisions applicable to agreements on the payment of a deposit, namely, on the liability of the parties for the failure of the transaction.

Therefore, if the parties do not reach the conclusion of the main agreement, according to which the real estate becomes the property of the buyer, then the advance agreement loses its force. Money paid as an advance on a future transaction must be returned to the failed buyer in accordance with Article 1102 of the Civil Code of the Russian Federation. Refusal to return is classified as unjust enrichment at someone else's expense.

In this situation, sellers find themselves at a loss because they did not take the trouble to understand the legal terminology in time. Many of them sincerely believe that the advance payment agreement is a full-fledged replacement for the deposit agreement, or even perceive it as preliminary. However, these arguments cannot influence the court's decision.

The employee refuses to receive an advance - the employer’s actions