What is the balance of any account?
The receipt for the balance of any account is given to you by your employer at the end of your contract, including if you resign. He takes an inventory of the sums owed to you. This document is optional. It is intended to protect your employer. But in case of disagreement on the sums paid, you can dispute it (discover our model of Letter of dispute of balance of any account).
How soon does your employer have to pay you your balance from any account?
The receipt for the balance of any account must imperatively be given at the end of the employee’s employment contract, and not before the end of it. But if the employee is exempt from notice, or if it is shortened, the receipt for the balance of any account can be given to him on the day he leaves the company, without having to wait for the expiry of the notice period.
In both cases, when the document is ready, the employer must inform the employee and give it to him.
Amounts to be paid to the employee
The receipt lists the amounts corresponding to the salary and allowances that you must receive at the end of your contract. This includes :
- your salary until the last day of the contract;
- your unrecovered overtime;
- your remaining paid vacation;
- the pro rata of your 13ᵉ month (if your company pays one);
- your severance pay;
- your notice pay;
- your non-compete indemnities.
The conditions of validity of the balance of any account
To be valid and protect the employer from any dispute, the document must meet 5 conditions:
- Be dated;
- Be signed by the employee after termination of the contract;
- The signature must be preceded by the words “received for the balance of any account” written by the employee;
- The 6-month appeal period must be indicated;
- The receipt must be drawn up in 2 copies.
By signing the balance receipt for any account, you acknowledge having received all of the sums mentioned. The Labor Code (article L1234-20) specifies that beyond a period of 6 months, the document becomes release for the employer. This means that you have received the amounts due and that no further claims are possible.
>> Download a sample receipt from for balance of any account in PDF format
Refuse to sign the balance of any account
Under pressure from the employer, it is sometimes difficult not to sign. Some will not hesitate to block the delivery of payment to extort a signature from you. Know this, the law obliges your employer to pay you the amounts due without delay. Refusing to sign therefore does not mean leaving empty-handed. This implies above all that the receipt for the balance of any account loses its final discharge value for the employer. You have five years to challenge (article 2224 of the Civil Code).
The 3 tips to dispute the balance of any account
Tip 1 : your employer intimidated you. You signed when you disagree. You have 6 months to dispute the receipt. All you need to do is send him a registered letter with acknowledgment of receipt. (article D.1234-8 of the Labor Code) in which you simply disclose the receipt.
Tip 2 : in the absence of one of the 5 conditions mentioned above, you have 6 months to request the payment of the sums not mentioned on the receipt.
Tip 3 : your employer insists that you sign? Work around the problem by writing reservations such as “subject to all rights reserved” or “subject to my past, present and future rights” on the document. This trick allows you to invalidate the release nature of the document.
To note : if the dispute with your employer fails, you can refer the dispute to the Labor Court.