# Employer kept my finiquito etc



## nerjanoel (May 8, 2013)

Good afternoon, I'd love some help on this, it's making me really mad!

my ex-employer terminated my contract on April 10th. They kept all my paperwork (finiquito/certificado de empresa) until this week (6th may). They refused to send me it until they received a phone bill to make deductions.

I have been to the desempleo office and they told me that I needed to register within 15 days of the termination date. I have lost 978.48 euros.

I told my ex-employer and they will do nothing. 
What can I do? 
Surely he is in breach of some rules/laws?

Thanks


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## gus-lopez (Jan 4, 2010)

Find a local Union office & ask their advice,. Ask your employer for the 'hojas de reclamación' . By law he has to have them & supply them when asked. It is a criminal offence not to have them. If he refuses, call thePolicia Local immediately & they will tend & shut him down if he doesn't supply them.
the union though will definitely get involved as they hate employers pulling stunts like this. The employer would also be liable for your total entitlement of unemployment pay if you are now unable to claim!


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## mrypg9 (Apr 26, 2008)

The advice to contact a Union is sound and you should do this. Those who complain about Unions should bear in mind that apart from historically getting workers holidays with pay, a shorter working week, health and safety laws and loads aof other such employee benefits, they are often the first port of call when employers try to pull fast ones.

But Unions are there first and foremost for their paid-up members. They should not be used as free advice bureaux. I used to get annoyed when as a Union rep. colleagues who refused to join the Union came to me as soon as they had work-related problems. But I helped them.

My advice to any worker in any job, manual, professional, whatever: join a Union. It's an insurance policy in more ways than one


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## nerjanoel (May 8, 2013)

Thanks chaps,
I doubt that they would have had hojas de reclamación as I was the only employee other than the owner.
(Its a small holiday company).
Do you think that a Union I haven't belonged to would help? Is that likely?
If so, what kind of Union should I be looking for?

And is there any other kind of organisation that might help?

Thanks again,
it can't be right that he can just withhold it - even though I kept asking for it - and now I'm so much out of pocket.


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## mrypg9 (Apr 26, 2008)

nerjanoel said:


> Thanks chaps,
> I doubt that they would have had hojas de reclamación as I was the only employee other than the owner.
> (Its a small holiday company).
> Do you think that a Union I haven't belonged to would help? Is that likely?
> ...


No, it's not right and yes, a Union should help you. Whatever work you are in, you really should join a Union. It's your protection against the kind of rogue employer you've been unfortunate enough to come across. Most Unions offer other benefits apart from resolving workplace disputes -cheaper insurance, access to legal advice and support, stuff like that.

I'm not sure which Union you should join as Unions here seem to reflect political stance as much as job sector. Perhaps UGT?
Pesky may be able to advise..


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## 213979 (Apr 11, 2013)

UGT, Comisiones Obreras... Either one are huge unions with coverage in most sectors. 

I've found most unions willing to help without even asking if you're a member. 
Good luck!


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## Pesky Wesky (May 10, 2009)

mrypg9 said:


> No, it's not right and yes, a Union should help you. Whatever work you are in, you really should join a Union. It's your protection against the kind of rogue employer you've been unfortunate enough to come across. Most Unions offer other benefits apart from resolving workplace disputes -cheaper insurance, access to legal advice and support, stuff like that.
> 
> I'm not sure which Union you should join as Unions here seem to reflect political stance as much as job sector. Perhaps UGT?
> Pesky may be able to advise..


OH is a member of UGT and are good with teachers.
I'm not a union member...


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## Pesky Wesky (May 10, 2009)

Pesky Wesky said:


> OH is a member of UGT and are good with teachers.
> I'm not a union member...


Sorry, Comisiones, but as elenexu says either one is good


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## mrypg9 (Apr 26, 2008)

elenetxu said:


> UGT, Comisiones Obreras... Either one are huge unions with coverage in most sectors.
> 
> I've found most unions willing to help without even asking if you're a member.
> Good luck!


True, because most of us dedicated Trades Unionists are helpful people! I spent a lot of time advising and even doing casework for non-union colleagues.

But...Trades Unions can't run on air. They need money to keep going, like every other organisation. So the fair as well as sensible thing is to join and not always be a free rider, as it were.

It used to rile me when colleagues who refused all friendly offers to join the Union were quick to ask me to spend a considerable amount of time helping them resolve workplace disputes when they found themselves in trouble. It also rankled when these colleagues happily accepted salary increases obtained through the efforts of Union members, sometimes at the cost of financial loss to themselves if they had to strike to obtain the benefits.

Few things in life come for free. So join your Union, pay your dues and lead a more secure and contented working life.


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## leedsutdgem (Jun 3, 2010)

nerjanoel said:


> Thanks chaps,
> I doubt that they would have had hojas de reclamación as I was the only employee other than the owner.
> (Its a small holiday company).
> Do you think that a Union I haven't belonged to would help? Is that likely?
> ...


I went to comisiones obreras and i wasnt affiliated. They helped me take my ex employer to court and we won


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## 213979 (Apr 11, 2013)

mrypg9 said:


> True, because most of us dedicated Trades Unionists are helpful people! I spent a lot of time advising and even doing casework for non-union colleagues.
> 
> But...Trades Unions can't run on air. They need money to keep going, like every other organisation. So the fair as well as sensible thing is to join and not always be a free rider, as it were.
> 
> ...


To play devil's advocate, UGT and CCOO get *public* money. 
I'm paying double what my husband pays as a UGT member for my union. 


I trust the "big two" about as much as I trust the government here.


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## Pesky Wesky (May 10, 2009)

elenetxu said:


> To play devil's advocate, UGT and CCOO get *public* money.
> I'm paying double what my husband pays as a UGT member for my union.
> 
> 
> I trust the "big two" about as much as I trust the government here.


Why do you have to pay double?


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## 213979 (Apr 11, 2013)

Pesky Wesky said:


> Why do you have to pay double?


I chose ANPE and their dues are approximately 60€/year up here. I don't know how much public money they receive but I'm willing to bet it's a lot less than UGT.


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## nerjanoel (May 8, 2013)

OK, thank you all for your help.
I went to the Desempleo office yesterday to ask about appealing and they said that even without the paperwork I should have come to see them and then they could have registered me and even requested the paperwork from my employer on my behalf.
I had 15 days to do so.
As far as they are concerned - and the law it seems - it's my fault.

Fair enough, that was a costly lesson learnt.
Thanks for the comments though


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## mrypg9 (Apr 26, 2008)

elenetxu said:


> To play devil's advocate, UGT and CCOO get *public* money.
> I'm paying double what my husband pays as a UGT member for my union.
> 
> 
> I trust the "big two" about as much as I trust the government here.


That's interesting. How is the money paid,do you know?
Acually, although I have always been an active Trades Unionist, I don't think unions should receive public subsidies.
To some extent unions in the UK receive public subsidy in that many local councils have agreements with unions which allow union reps time off with pay so they can carry outduties such as casework. I wasn't comfortable with this although in a way it helps the employer with HR issues they would otherwise have to resolve.

Incidentally, membership of my union costs almost €150 a year for a full-time employee.


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