Claiming Unpaid Wages in Spain
Outstanding wages are among the most common employment disputes in Spain. The law gives workers clear tools to enforce their claims — provided the deadlines are met.
What can you claim?
Not just base salary: also unpaid overtime, holiday pay, statutory and contractual allowances, and untaken leave days. Interest accrues from the moment of non-payment.
The procedure: out-of-court, then court
I first demand payment from the employer out of court. If they fail to pay, I file a wage claim (reclamación de cantidad) before the Labour Court. Where wage arrears are clear, the process can be swift.
FOGASA: protection when the employer is insolvent
If the employer is insolvent, the Wage Guarantee Fund (FOGASA) steps in, covering outstanding wages and severance up to statutory caps. I file the FOGASA application for you.
The deadline: one year
The general limitation period for wage claims is one year. Act promptly so you don't lose your rights.
How I help
I assess your claims, calculate the exact amount, negotiate with the employer and represent you before the Labour Court — in Mallorca, Ibiza, Menorca and Barcelona.
This article is general information and does not replace individual legal advice. Contact me for a free initial assessment.
About the Author
Silvia Santaulària Bachmann
Registered Lawyer (Colegiada nº 6193 – ICAIB)
Specialized in Fraud, Criminal Law, Debt Collection and Inheritance Law for Germans
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