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Payment of salary
Salary and social benefits can no longer be paid into a third party's bank account
Publié le 10 janvier 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Cet article est ancien
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As of 27 December 2022, wages and social benefits are obligatorily paid into a bank account of which the beneficiary is the holder or co-holder. This means that wages, allowances and social benefits can no longer be transferred to another person’s account. This provision in the Act of 24 December 2021 to accelerate economic and professional equality entered into force at the end of 2022.
The Law of 24 December 2021 on accelerating economic and professional equality (the so-called Rixain Law) amends the way in which wages and social benefits are paid in order to promote women’s financial autonomy, in particular in the event of separation, and to combat possible situations of spousal or family dominance.
That law requires that, from 27 December 2022, the salary, allowances and social benefits paid by transfer be paid into a bank or postal account of which the beneficiary is the holder or the co-holder.
The employer can therefore no longer pay the salary to a bank or postal account which is not in the name of the employee concerned and it is no longer possible for the employee to appoint a third party to receive his salary.
Employers must therefore check the identities referenced on the proof of bank or postal accounts and ask employees who are not in compliance with the new legal framework to transmit a proof of bank or postal account (RIB) to their name or attesting to their status as co-holder of the account.
Likewise, the bodies which pay social benefits must ask their beneficiaries to send them a bank identity statement (BIT) of an account of which they are holders or co-holders. Social benefits may be paid by means other than transfer for beneficiaries who do not hold a bank or postal account.
FYI
It is no longer possible for Pôle emploi to pay the return-to-work allowance into an account for which the person is not the holder or co-holder.
Pôle emploi specifies that job seekers who have issued a power of attorney are asked to change their bank account details and provide the bank identity statement (BIR) of an account they hold or co-own.
Individuals who do not have a bank account in their own name can exercise their "right to the account". For the terms and conditions, they can consult the Service-Public.fr “ Refusal to open a bank account: account entitlement ' or ' Account Entitlement: Useful Links and Forms ” on the Banque de France website.