# If you resign from a job, do you waive all your rights to back pay?



## Sherrie (Dec 31, 2010)

Hi all,

I have recently resigned form my job, primarily for the benefit of my health. 

I had an indefinido contract, which was for 10 hours per week.

My question is, as I have resigned, do I waive all rights to any back pay, ie; unpaid sick pay, holiday pay, etc? 

Also, I have a paper to sign, the last sentence of which is;

"Ruego me liquiden las cantidades que legalmente me sean debidas."

My Spanish isn't too bad, but I have no idea what this means in this context.

Any help would be much appreciated.

Thanks in advance.


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## Chopera (Apr 22, 2013)

"Ruego me liquiden las cantidades que legalmente me sean debidas." 

My attempt:

I ask (literally "beg") that they pay (liquidate) any money I am legally owed.

I'm not sure about the other questions. I imagine you'd get any outstanding holiday pay, but I can't see why they'd pay you sick pay unless you'd been ill and they hadn't yet paid you what they should have for that period.

If you have resigned for health reasons it might be worth talking to an expert on the matter (although it may be too late now) since it could have affected any unemployment benefits you're entitled to.


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## Sherrie (Dec 31, 2010)

Chopera said:


> "Ruego me liquiden las cantidades que legalmente me sean debidas."
> 
> My attempt:
> 
> ...


Thank you, Chopera,

I have never been paid holiday pay and I am still owed sick pay from when I was off for six weeks with a ruptured disc (the only time I ever took sick leave in eight years). That was four years ago and I have given up all hope of getting the money!

Regarding my reason for resigning, I suffer with asthma and I worked in a kitchen. Every year in the summer, it got a little harder - the air is so hot and it can get quite difficult to breathe. Of course, the asthma was not caused by my job and I am not blaming my ex-employer for that!

I just wondered what the position is regarding back pay. If I _may _be entitled to something, I don't want to sign it all away by putting my signature on a piece of paper without knowing. 

Thanks for your help - I appreciate it.

Regards,

Sherrie


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## Pesky Wesky (May 10, 2009)

Sherrie said:


> Hi all,
> 
> I have recently resigned form my job, primarily for the benefit of my health.
> 
> ...


As Chopera says the Spanish sentence is you formally asking to be paid whatever you are owed.
To be clear on this you can go to your local SEPE office (Servicio Público de Empleo Estatal,before INEM). You can find which one is nearest by looking here
Servicio PÃºblico de Empleo Estatal - Direcciones y telÃ©fonos
You can even make an appointment here
https://sede.sepe.gob.es/contenidosSede/generico.do?pagina=proce_ciudadanos/cita_previa.html


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## Sherrie (Dec 31, 2010)

Pesky Wesky said:


> As Chopera says the Spanish sentence is you formally asking to be paid whatever you are owed.
> To be clear on this you can go to your local SEPE office (Servicio Público de Empleo Estatal,before INEM). You can find which one is nearest by looking here
> Servicio PÃºblico de Empleo Estatal - Direcciones y telÃ©fonos
> You can even make an appointment here
> https://sede.sepe.gob.es/contenidosSede/generico.do?pagina=proce_ciudadanos/cita_previa.html


Thank you Pesky Wesky,

I appreciate the help! 

A friend has told me that she thinks the sentence means:

I liquidate the quantities that are legally due me

which is the complete opposite of what I thought it meant!

I am totally confused now!

Having already resigned and with my ex-employer pushing
me to return the paper, I need to get this sorted asap - 
will need to try and get a clear idea of what this actually
means.

Thanks again


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## xabiaxica (Jun 23, 2009)

Sherrie said:


> Thank you Pesky Wesky,
> 
> I appreciate the help!
> 
> ...


your friend is wrong

as the others have said, you are asking that they pay you what you are owed


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## Pesky Wesky (May 10, 2009)

Sherrie said:


> Thank you Pesky Wesky,
> 
> I appreciate the help!
> 
> ...


No, it's something like
_*I ask that any payments that are owed to me be paid.
*_And if you bung in a _*hereby*_ and/ a _*forthwith *_you'll be well on the way_*,*_ but you do need to go to the people who are paid to, in theory, know all about this ie SEPE_*. *_Go with all relevant paperwork (photo ID, residents certificate, insurance number, name of company , CIF of company if possible, payslips and probably loads of other stuff too), loads of patience, an open mind (ie not thinking that all civil servants are trained in how not to help clients), a good chunk of time and something to do whilst you're waiting. If you get an appointment of course you shouldn't have to wait too long. Hope you get the info you're needing


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## Sherrie (Dec 31, 2010)

xabiachica said:


> your friend is wrong
> 
> as the others have said, you are asking that they pay you what you are owed


Thank you xabiachica,

I appreciate your advice!

I have to say, I don't think that's what my ex-employers' 
interpretation of it is. 

A colleague who resigned before Christmas had to sign
the same piece of paper and they have made no attempt 
to pay her what she was owed.

Anyway, thanks again for the advice


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## Sherrie (Dec 31, 2010)

Pesky Wesky said:


> No, it's something like
> _*I ask that any payments that are owed to me be paid.
> *_And if you bung in a _*hereby*_ and/ a _*forthwith *_you'll be well on the way_*,*_ but you do need to go to the people who are paid to, in theory, know all about this ie SEPE_*. *_Go with all relevant paperwork (photo ID, residents certificate, insurance number, name of company , CIF of company if possible, payslips and probably loads of other stuff too), loads of patience, an open mind (ie not thinking that all civil servants are trained in how not to help clients), a good chunk of time and something to do whilst you're waiting. If you get an appointment of course you shouldn't have to wait too long. Hope you get the info you're needing


Thanks again, Pesky Wesky,

As I've just said to xabiachica, I don't think my employers' interpretation
of that sentence is quite the same! I don't know if it can be interpreted
one of two ways? 

Either way, I do appreciate your help.


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## Sherrie (Dec 31, 2010)

Incidentally, does anyone know if a letter of resignation has to be signed in the presence of the ex-employer, countersigned by the ex-employer and then witnessed by a third person?


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## baldilocks (Mar 7, 2010)

Is/was your employer Spanish? or another foreign national who may not be fully aware of the rights of the employee only what they think are the rights of the employer?


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## Sherrie (Dec 31, 2010)

baldilocks said:


> Is/was your employer Spanish? or another foreign national who may not be fully aware of the rights of the employee only what they think are the rights of the employer?


Hello baldilocks,

No, my ex-employers are not Spanish, they are English, but their Gestoria is Spanish, so one would assume that they are advising them correctly? 

They have always tried to avoid paying what they should pay when it comes to holiday pay and sick pay, which is why I'm a little confused as to why they would include the sentence as mentioned before on the paper they want me to sign, ie; I ask that any payments that are owed to me be paid/Ruego me liquiden las cantidades que legalmente me sean debidas.

Of course, it doesn't help that I am woefully ignorant about matters such as this!


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## baldilocks (Mar 7, 2010)

Sherrie said:


> Hello baldilocks,
> 
> No, my ex-employers are not Spanish, they are English, but their Gestoria is Spanish, so one would assume that they are advising them correctly?
> 
> ...


Given the earlier confusion on the thread about the correct meaning of the sentence, it is possible that the ex-employers are confused as well or they are just being devious. Some Gestors are good, others not so (the one used by the Academy that SWMBO works for, is hopeless) and you may be well advised to find a good one yourself. It may well be that you were not employed for enough hours to gain any rights under Spanish law, I wouldn't know but a good gestor should!


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## Sherrie (Dec 31, 2010)

Thank you baldilocks.

I feel a visit to a Gestor coming on - thanks for your advice.


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## baldilocks (Mar 7, 2010)

Sherrie said:


> Thank you baldilocks.
> 
> I feel a visit to a Gestor coming on - thanks for your advice.


Make sure he/she is good and she/he is honest. The alternative is an abogado.


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## Sherrie (Dec 31, 2010)

baldilocks said:


> Make sure he/she is good and she/he is honest. The alternative is an abogado.


Thank you - I'm using someone who's been recommended. When you don't have a Gestor of your own, I think that's all you can do.
Thanks again for all your help - I'm very grateful.


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## Pesky Wesky (May 10, 2009)

So you prefer to pay a gestor rather than get free advice from SEPE government workers?
Why's that?


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> So you prefer to pay a gestor rather than get free advice from SEPE government workers?
> Why's that?


have to say I wondered that myself

I use a gestor because it saves me having to take time off to go into the next town which is where ALL the various offices are. I don't drive & public transport is rubbish, so it makes sense to me to pay a monthly retainer ( about what I earn an hour) to save me the hassle

but for the OP who doesn't have a gestor on retainer, it makes way more sense to go for the free advice


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## Sherrie (Dec 31, 2010)

Pesky Wesky said:


> So you prefer to pay a gestor rather than get free advice from SEPE government workers?
> Why's that?


I wouldn't prefer to pay to see a Gestor, Pesky Wesky, but I need to get the signed paper back to my ex-employer tomorrow - they have an appointment with their Gestoria at 11am - and I can't get an appointment at an SEPE office before then. 

It'll cost me €15 to see a Gestor, which is worth the money if he can advise me and I can find out what I need to know, and he can see me at 9.30am. 

I also have an appointment at the SEPE office next week as I'm sure they'll be able to advise me on other matters I'd like to ask them about. Thank you for the details.


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## anles (Feb 11, 2009)

Sherrie said:


> I wouldn't prefer to pay to see a Gestor, Pesky Wesky, but I need to get the signed paper back to my ex-employer tomorrow - they have an appointment with their Gestoria at 11am - and I can't get an appointment at an SEPE office before then.
> 
> It'll cost me €15 to see a Gestor, which is worth the money if he can advise me and I can find out what I need to know, and he can see me at 9.30am.
> 
> I also have an appointment at the SEPE office next week as I'm sure they'll be able to advise me on other matters I'd like to ask them about. Thank you for the details.


I do hope you come back and tell us what the gestor told you, as the only paper you have to sign to finalise your contract is called "finiquito" which states all the amounts due to you, any deductions you have to pay and which you sign on receiving the money. But the wording you wrote doesn't sound correct to me, it should say you have received it not that you are asking to be paid!


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## Sherrie (Dec 31, 2010)

anles said:


> I do hope you come back and tell us what the gestor told you, as the only paper you have to sign to finalise your contract is called "finiquito" which states all the amounts due to you, any deductions you have to pay and which you sign on receiving the money. But the wording you wrote doesn't sound correct to me, it should say you have received it not that you are asking to be paid!


Yes, I will post on here after I've seen the Gestor. I spoke to my ex-employer today and asked her about the 'Documento de liquidacion y finiquito'. She had no idea what I was talking about.

Yes, I completely agree with you that the wording is confusing. I know for sure that they certainly wouldn't have intended it to mean that they would pay me for monies not received. 

Anyway, I will post on here again with an update after I've seen the Gestor.

Thanks for the advice.


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## Pesky Wesky (May 10, 2009)

Sherrie said:


> I wouldn't prefer to pay to see a Gestor, Pesky Wesky, but I need to get the signed paper back to my ex-employer tomorrow - they have an appointment with their Gestoria at 11am - and I can't get an appointment at an SEPE office before then.
> 
> It'll cost me €15 to see a Gestor, which is worth the money if he can advise me and I can find out what I need to know, and he can see me at 9.30am.
> 
> I also have an appointment at the SEPE office next week as I'm sure they'll be able to advise me on other matters I'd like to ask them about. Thank you for the details.


Yes, for 15€ it makes sense


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## Sherrie (Dec 31, 2010)

Quick update on this situation ...

Having seen a gestor, I've been advised that my 10 hour per week, indefinido contract, did not afford me as many rights as a full time contract would have, but it would certainly have covered me for sick pay, which is my main bone of contention in this case.

The sentence, 'Ruego me liquiden las cantidades que legalmente me sean debidas' means, as some of you advised, that I am asking my employers to settle all their debts to me, ie; pay me what they owe me.

Many thanks to all for your help and advice.


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## xabiaxica (Jun 23, 2009)

Sherrie said:


> Quick update on this situation ...
> 
> Having seen a gestor, I've been advised that my 10 hour per week, indefinido contract, did not afford me as many rights as a full time contract would have, but it would certainly have covered me for sick pay, which is my main bone of contention in this case.
> 
> ...


let us know how you get on - & good luck


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## Sherrie (Dec 31, 2010)

I will, and thank you, xabiachica.


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