# I work in Spain and have not been paid by my employer



## smudge11 (Jun 30, 2009)

I work in Spain and should have been paid today 30.06.09. My employer has not paid me does anyone have advice on what I can do. I have a contract.


----------



## Suenneil (Feb 17, 2009)

smudge11 said:


> I work in Spain and should have been paid today 30.06.09. My employer has not paid me does anyone have advice on what I can do. I have a contract.


Hi Smudge

Firstly welcome to the forum. Secondly, have you asked your employer about payment of your salary ? I have worked in Spain for 5 years and have never ever got paid on the same day twice!
Usually the companies work on paying salaries up to 5 days from the date you should get paid. In fact I think in some sort of employment Law here they have that option and its quite normal ... 

Also are you sure you havent been paid ? may seem like a daft question . but if its been done by bank transfer they may have authorised that today, but it wont show in your account for up to 3 days (depending on which bank you are with and which your employer is with) again this happened to me a lot! 

Is this your first pay check ? has it happened before ? I really do think you need to speak to your employer first.

Sue


----------



## smudge11 (Jun 30, 2009)

Suenneil said:


> Hi Smudge
> 
> Firstly welcome to the forum. Secondly, have you asked your employer about payment of your salary ? I have worked in Spain for 5 years and have never ever got paid on the same day twice!
> Usually the companies work on paying salaries up to 5 days from the date you should get paid. In fact I think in some sort of employment Law here they have that option and its quite normal ...
> ...




Hi Sue,
Thank you for such a quick reply.I have been working for my employer for 12 months and this is the first time this has happened.I have spoken to the office and the response I got was that they where not ready to pay me yet.

Smudge11


----------



## mayotom (Nov 8, 2008)

so let me get this right, you were due to be paid today, it hasn't happened and you are in a panic, in the past where ever you have worked has your pay ever been late??

also have you ever been late to pay a bill? its the same thing really

talk to your boss or HR department, and count yourself lucky that you have been paid properly and on time for the past 12 months, I don't know of many people who can say that they have.

for example I'm still waiting for my May Salary


----------



## SunnySpain (Jul 30, 2008)

smudge11 said:


> Hi Sue,
> Thank you for such a quick reply.I have been working for my employer for 12 months and this is the first time this has happened.I have spoken to the office and the response I got was that they where not ready to pay me yet.
> 
> Smudge11



Thats terrible. Have you called the police ?


:ranger:


----------



## smudge11 (Jun 30, 2009)

SunnySpain said:


> Thats terrible. Have you called the police ?
> 
> 
> :ranger:


Is this something I can do .as it has never happened before not sure what my rights in Spain are?


----------



## Xose (Dec 10, 2008)

smudge11 said:


> Is this something I can do .as it has never happened before not sure what my rights in Spain are?


Me thinks David is having a laugh with you.

In the event that you don't get paid - and you can give it a few more days, there is the Tribunal where a lawyer will be appointed, unless you have one, to represent you and you will get a due process with which to claim your money. This can (and certainly will now as they are a tad busy) take more than a year for you to get what's yours - minus the lawyers fees. I don't think costs are allocated in this court. Perhaps Sue can clarify the finer points of the Tribunal de trabajo (or tribunal de lo social in some places I think).

This should be your last port of call. You need to be absolutely sure that you are not going to be paid. Something along the lines of getting the finiquito but with no money as you are being dismissed under some trumped up charge or some such. Definetely NOT something you should do just because your pay is late by a week.

Above all else, do give them time and keep in mind that whatever action you take may be a career decision.

Good luck.... and don't call the feds yet

Xose


----------



## jojo (Sep 20, 2007)

I know of a couple of people who've had this problem. One chap hadnt been paid since christmas in February. His company were struggling and simply told him that when they had the money they'd pay him, I dont know whether he ever got it, cos I lost touch. Another family I know quite often have to wait a few days/weeks, but it arrives eventually and they know others that this happens to and they're fairly content in the knowledge that this is quite a regular occurence. The one thing these people have in common is they both work in the IT industry????????

Jo xxx


----------



## jojo (Sep 20, 2007)

SunnySpain said:


> Thats terrible. Have you called the police ?
> 
> 
> :ranger:


Behave!

Jo


----------



## owdoggy (Jul 23, 2008)

jojo said:


> Behave!
> 
> Jo


Ooooh! ........ you're so beautiful when you're angry:hail:




Doggy


----------



## Suenneil (Feb 17, 2009)

Hi again ...

as per my original reply you need to wait the 5 days first - nothing you can do really until then, and even if that date passes you should speak to HR / Payrole. I would suggest emailing them the question too so you have a written response (in addition to speaking to them) just in case you need some additional "evidence" at a later date.
I would say dont panic! which is easier said than done I know - but unfortunately this happens to more people than you realise and on a monthly basis - cash flow for most companies is extremely bad at the moment and most of them will pay when they have the money themselves. I know this doesnt pay your bills though! - most banks here in Spain allow up to the 5th of each month for standing orders / debits to be taken out because most companies have always operated on the paying salaries date up to 5 days from the date stated on your contract as "payday".

If you get to 5 days and still have no joy send me a pm and Ill get one of our employment lawyers to talk to you if you like .... Im not a lawyer myself!! - and they can give you initial advice without any charge.

Sue :ranger:


----------



## Pesky Wesky (May 10, 2009)

Look at the "sticky" called *useful links*. there's a post called *Spanish Law*


----------



## SteveHall (Oct 17, 2008)

owdoggy said:


> Ooooh! ........ you're so beautiful when you're angry:hail:
> Doggy


Jojo is beautiful when she is not angry too I am told ..... if anybody has seen her not complaining about the heat/cold, wind/calm, sun/thunder perhaps somebody can confirm?


----------



## XTreme (May 17, 2008)

SteveHall said:


> Jojo is beautiful when she is not angry too I am told ..... if anybody has seen her not complaining about the heat/cold, wind/calm, sun/thunder perhaps somebody can confirm?


She complained that she couldn't understand my accent Steve!

You had no problems with it did you?


----------



## SteveHall (Oct 17, 2008)

No, I thought you were very well spoken - not a hint of donkey rebuznando


----------



## Tallulah (Feb 16, 2009)

SteveHall said:


> No, I thought you were very well spoken - not a hint of donkey rebuznando


Now I'm disappointed - no gorgeously thick Welsh accent, bursting into song about the valleys?? Actually that reminds me of that recent Youtube vid XT posted about his mate on the BMW - you could just about make out his dulcet tones on that....in his own inimitable way. Same gesticulations used as per his video on the ninja donkey!!

Tally.xx


----------



## jojo (Sep 20, 2007)

SteveHall said:


> No, I thought you were very well spoken - not a hint of donkey rebuznando


Xtreme has a really strong welsh accent Steve! However, once I'd "tuned in" I thought he was charming! Glad to see you're still about. I'm still in the UK.

Jo xxx


----------

