# Employer won´t pay promised wages



## sonneti (Jul 6, 2009)

Hi All,

I´m in Salou a the minute and I´m having problems with my girlfriends employer, i´ll try to keep this as short as possible with a very short version at the bottom if you guys want to skip down.

We were in Salou on holiday in May and were offered a job.

The job was waitressing in a restaurant/bar. The rate was 40 euro per day with 8-10 hours of work expected, if she worked less than 8 hours she would get half a days pay.

We had asked about accomodation and since the restaurant owner has just bought a hotel he said we could stay in it while they prepare it for the summer. They had to work out an exact amount but it would be between 250-400 euro per month.

Ok all is good, we go home back to the UK and pack everything up, arriving back in Salou on the 1st June.

Day 1. We get here and find out the hotel wont be ready for another 3-4 weeks, we´ve the boss tells us we can stay in the staff apartment for free until it is ready. We grab our bags and are lead up to the apartment, we open the door and see the place is a dive..... it´s absolutely filthy, electricity doesnt work properly, kitchen is a no go area, no bedding, broken tv´s, empty beer cans & bottles everywhere and it stinks like someone just took a crap. basically the place looks like a squat, my gf is distraught & we´ve been up 36 hours straight so we head to a hostel for the night.

Day 2. We go back to the bar and tell the owner the place is filthy, he tells us´What did you expect, its for free?´anyway we ask for some cleaning equipment, bleach, mops, rubber gloves... the works & we spend a day cleaning it so we have somewhere to stay that night. By the time we are finished it actually habitable well at least our room & the bathroom is.

Over the next couple of days we sort out all our papers, bank accounts etc & my gf starts work. She is doing great and getting on well with the customers, I swear to god I don´t know anyone that will work harder than she will & smile the entire time.

All is good for 2 weeks or so, a new girl starts work and my gf´s hours are cut down... nothing is said, her hours are just cut to 4 a day. Meanwhile the new girl is complaining that she doesnt want to work 8-10 hours a day. We speak to the manager and he tells us everyones hours are cut, ok so we leave it. Over the next 2'-3 days we find out only my gf´s hours have been cut.

Alarm bells are ringing because I´m pretty sure something is wrong when your hours are cut and you are straight lied to by the manager.

We speak to another one of the senior members of staff and my gf´s hours are put back up to 6-7 a day, again nothing negative is ever said.. my gf is doing a great job talking to the english/russian/dutch customers.. shes getting great tips and has lots of returning customers.

(tips are pooled by the way... she only ever sees about 3 euro a day of them)

We´ve been looking for places to stay the entire time now, its very difficult because its so late in the year... The only places we see are a good 45 minute walk from the bar.

So another week or so passes and everything seems to be fine, we then find out the hotel wont be ready for another 2 months... and now the owner wants us out of the apartment because he has new staff coming. We´re given 1 weeks notice. The entire week is spent looking for somewhere to stay, finally we find a bedroom to let in a big house & immediately move in.

We´re moved in less than a week, my gf has 2 days off so she phones in on the 2nd day to find out what time she starts work again. The manager now tells her she´s been laid off because their arent enough customers.

We head down to the bar to find out wtf is going on and there are 3 new staff.

My gf is quite upset about the whole situation but she is able to get a new job that same day right next door to the bar which cheers her up again.

So a couple of days pass and she still hasn´t been paid from the bar, I meet her from work everyday and we call in always hearing new excuses, nobody has the keys to the safe, the hours havent been counted up etc.

Yesterday she is walking to her new work place alone and her old manager runs out of the bar and tells her to come in & he has her wages.

She goes in and he hands her 555 euro, even though she is owend 780-800 euro. The owner now tells her he wont pay her the 40 euro a day & he is now taking 150 euro for the manky work apartment we stayed in for 2-3 weeks.

She is told to sign a form in Spainish which I think was terminating her contract but luckily she hasn´t signed it.

Her contract had said she was working 20 hours a week, with no mention of rate of pay or start/end dates. She doesnt have a copy.

Just for a bit of background info on the owner he´s stiffed 2 previous members of staff for pay, he sacked the managers future wife with no warming + he hasn´t paid most of his staff for a couple of months. He is absolutely clueless when it comes to marketing, my gf speaks excellent Russian & made him a Russian menu which he has never even bothered to have printed off. He wouldnt even write something in russian on the chalkboards outside the place 

*SHORT VERSION *- GF works for a month while being promised 40 euro a day in wages + free accomodation at the end of the month the owner is trying to hold back 225 euro (partly for the _free _accomodation and part at a reduced rate of pay). Her contract states 20 hours a week + no mention of pay, shes doesnt have a copy.

So... what options do we have to get the money owed? 

Thanks for any replies.


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## Suenneil (Feb 17, 2009)

sonneti said:


> Hi All,
> 
> I´m in Salou a the minute and I´m having problems with my girlfriends employer, i´ll try to keep this as short as possible with a very short version at the bottom if you guys want to skip down.
> 
> ...



Hi .... well thats certainly a detailed post! Im sorry that you seem to have a pretty bad time of it. From a legal perspective if your girlfriend has a contract and that contract has been breached then you should go and see an employment Lawyer for some advice as to whether or not its in your interests to pursue it.
My own personal feelings .... mmmmmm well I have been here 5 years and seen and heard some pretty awful and unlawful things happen re employment! and to be honest it actually sounds like you almost did ok - I know you may want to shout and scream at me for that! but its not that Im not in your side on this, just that if your girlfriend has since received the majority of her outstanding pay (and given she got this after she stopped working there Im surprised .... most employers wouldnt have even spoken to her let alone pay her at this at this stag!) the fact that he has deducted a proportion of this for accomodation is something else. Do you have anything in writing that accomodation was included ? if not then there is probably little you can do, Im also surprised that she doesnt have her own copy of her employment contract. You should be able to approach the employer and ask for a copy of this as he will have one on file.

So 2 options really - see an Employment Lawyer for initial advice - or be glad you have received the majority of the money and move on ....... Im not usually this harsh to be honest but in the great scheme of things and having seen what Ive seen in different companies you are probably fighting a losing battle by pursuing it ..... I obviously hope I am wrong.

Sue


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## SteveHall (Oct 17, 2008)

The truth? My view? 

Put it down to experience. She was working black and she's probably got a better deal than many who will be stiffed this year like every year. 

Live by the sword, die by the sword. Sorry to be so blunt but I have the blood on the T-shirt from many similar fights over many years. Sounds like she is well off out of that place.

Enjoy the rest of the summer and hope you both have a great time there.


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## Suenneil (Feb 17, 2009)

SteveHall said:


> The truth? My view?
> 
> Put it down to experience. She was working black and she's probably got a better deal than many who will be stiffed this year like every year.
> 
> ...


See what I mean Steve about me not being able to say anything in less than 100 words! .... but we both said pretty much the same in the end


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## Xose (Dec 10, 2008)

sonneti said:


> Hi All,
> 
> I´m in Salou a the minute and I´m having problems with my girlfriends employer, i´ll try to keep this as short as possible with a very short version at the bottom if you guys want to skip down.
> 
> ...



Glad to hear she had a contract. That last document your gf didn't sign might have been the "Finiquito". This is the end of contract document that shows all the detail - the parties, the moneys, holidays not taken etc., etc,. It's good she didn't sign as that would have been the agreement that all was ended.


1) Ask him for the "Finiquito" fully completed. Showing all the money side of things. The Finiquito should agree with the contract your GF had, If the contract showed 40, the Finiquito should also.

2) Remind him that the Tribunal de Trabajo is there to stop people like him playing with employees and that you have the work contract and can if necessary go to the tribunal to get your "Finiquito" and moneys owed.

3) If you want to be brave - when the Tribunal de Trabajo is talked about - you could say "What 550 you gave her?" - this might get him to pay the remaining 300 and not mess about as you can lie as well as him..... no?
OBVIOUSLY THIS ASSUMES SHE DIDN'T SIGN ANYTHING FOR THE 550 !!

Good luck. I simpathyse with people who's businesses are dying, but people like this guy shouldn't be in business in the first place.

XoseP.S. If she had a contract, she would have been given "De Alta" in Seguridad Social and Empleo. This you could check of course. Hope you don't find she didn't actually have a contract!!


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## SteveHall (Oct 17, 2008)

Suenneil said:


> See what I mean Steve about me not being able to say anything in less than 100 words! .... but we both said pretty much the same in the end


Yes ................. but you are a woman!


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## sonneti (Jul 6, 2009)

Thanks for the replies & dont worry about the bluntness I appreciate it!


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## Suenneil (Feb 17, 2009)

SteveHall said:


> Yes ................. but you are a woman!


Indeed I am ... and I´ll never apologise for that!


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## SteveHall (Oct 17, 2008)

Talking about women, Jojo should be on soon. Think she'll be complaining about the flight, early start, heat etc etc now. 

Welcome back, Jojo


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## Suenneil (Feb 17, 2009)

sonneti said:


> Thanks for the replies & dont worry about the bluntness I appreciate it!


Hi Sonneti
Its not easy sometimes to get "tone" across when using the written word! At the end of the day we will all empathise and sympathise with your situation - and in an ideal World this sort of stuff just wouldnt happen ..... unfortunately it does - and probably more frequently than a lot of people realise. Ignoring it or not challenging it wont make it any better in the future of course - so perhaps more people should try and take a stand .... sadly most people dont have the time, energy or resources to do that,
I hope you and your girlfriend find a resolution thats suits you and that you have a good Summer irrespective.

Sue x


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## Suenneil (Feb 17, 2009)

SteveHall said:


> Talking about women, Jojo should be on soon. Think she'll be compalining about the flight, early start, heat etc etc now.
> 
> Welcome back, Jojo


Nah! Dont think she will be complaining - not for a couple of days anyway ... she will just be so happy to home HOME!

Sue


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## SteveHall (Oct 17, 2008)

Suenneil said:


> Nah! Dont think she will be complaining - not for a couple of days anyway ... she will just be so happy to home HOME!
> 
> Sue


Bet?

Come on Jojo, don't let me down. The water too wet in the pool? The sand too dry on the beach? The ice cubes too cold? 

Welcome back.....it's about time you bought me a coffee which won't be too hot/cold, cheap/expensive strong or weak!


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## jojo (Sep 20, 2007)

SteveHall said:


> Talking about women, Jojo should be on soon. Think she'll be complaining about the flight, early start, heat etc etc now.
> 
> Welcome back, Jojo


I´m back!! woke up at 4am UK time, flight at 7am and arrived here at about 10.30am ish spanish time. Its very hot and I´m very tired. The house was full of cockroaches cos it had been empty for 10 days YUK, so I´ve blitzed them ,popped to mercadona and am now going to have a siesta in the pool on my lilo chair thingy. 

Night all :focus: 

Jo zzzz zzzzzzz


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