Unpaid salaries. Labor lawyer in Spain
Facing non-payment of salaries is one of the hardest situations that a worker must face. For that reason, from our Office in Marbella we want to give you some guidelines to know how to act if this case were to occur.
Voluntary resignation of the worker
The worker has the right to leave his job if he considers it convenient, although he must give 15 days' notice. In some sectors this notice may be longer, so we recommend reading the Collective Agreement to know what term is required. For the rest, we have no obligation to justify the reasons why we left the job.
Claim unpaid salaries
It may be the case (and in fact, it happens frequently) that the worker wants to remain in the company. In this we propose two options:
- Continue in said company, claiming the amounts that you owe us;
- Continue in the company, presenting a demand in which the termination of the contract is requested for serious breach of the employer. In this lawsuit can be requested to pay us the amounts due plus compensation of 33 days of salary per year worked.
What if I get fired?
The most common fear among workers is that they are dismissed. However, we must know that if the company chose to dismiss the worker, in retaliation to the claim that we just explained, we would be facing a null dismissal. That is why we advise to claim if we see that the company commits these irregularities against us, despite the initial fear we may have.
Labor lawyer in Spain
In any of the above cases it is advisable to have the help of a labor lawyer, as it will resolve any legal doubts we have and will file a claim against the company if we so decide. In our office we have experienced lawyers in dismissals and unpaid salaries, so do not hesitate to ask us for an appointment if you need more information.