Advance payment before demand is not an advance under Art. 87 § 1 KP unless agreed otherwise.

The Supreme Court partially overturned the appellate court's decision regarding an advance payment claim in a labor dispute. The lower court had ruled that a portion of wages paid before the contract's completion constituted an advance under Article 87 § 1, item 3 of the Labor Code. The Supreme Court found this application erroneous because the payment was made before the statutory demand date without explicit agreement, constituting an overpayment rather than a true advance. Consequently, the case was remanded for recalculation and proper application of the law.