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SabahAbogados

Wage claims

If the company doesn't pay you for the work you have done, don't just sit back. We review your payslips and claim what you are owed.

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What it involves

A wage claim is how you get paid the money your company owes you for your work: late wages, overtime, extra payments (pagas extra), holidays you did not take or a wrongly calculated final settlement (finiquito). It also covers the difference when you are paid less than your collective agreement (convenio colectivo) sets. The time to claim is limited, so it is best not to wait.

Is this your case?

  • You are owed several months' wages or you are always paid late.
  • You work overtime that does not appear on your payslip and nobody pays you for it.
  • You have been given a final settlement that doesn't add up with the work you have done.
  • You earn less than colleagues in the same job category or less than the collective agreement says.

How we help

We review your payslips, your contract and the collective agreement that applies to your company, and we calculate in detail what you are owed. First we demand payment from the company and, if it does not pay, we file the request for conciliation (papeleta de conciliación) and the claim before the employment court (juzgado de lo social). If the company is insolvent, we take care of the application to FOGASA. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.

If you have also been dismissed, we review your dismissal, and if you want to understand the first step, we explain what the conciliation request before the SMAC is.

Frequently asked questions

Can I claim what I am owed if I am still working for the company?
Yes. Claiming your wages does not mean you have to leave your job, and the company cannot punish you for doing so. If it did, that retaliation could also be challenged.
What happens if the company closes or has no money to pay me?
In those cases there is the Wage Guarantee Fund (FOGASA), a public body that can cover part of what you are owed, depending on your situation. We help you apply for it.
I worked without a contract or Social Security registration: can I claim my wages?
In many cases, yes, if you can prove that you worked: messages, witnesses, photos or bank transfers. If you are a foreign national and did not have papers, we look into it discreetly and explain how it may affect you.

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Let's talk

Tell us about your case.

A first conversation — confidential and without obligation — to understand whether we can help, and how.

We speak Spanish, Arabic, Tamazight (Berber), French and English.