Unpaid salary in Spain: how to claim it without a lawyer — 2026 action plan

What counts as non-payment and how it works

Your employer must pay your salary in full and on time (Estatuto de los Trabajadores). A delay or underpayment is a breach.

Draft the demand

Everything counts: base pay, pagas extraordinarias (extras), overtime, the finiquito on termination.

Late pay carries interest — 10% per year (interés por mora, art. 29 ET).

The claim path: a written demand (burofax) → a papeleta de conciliación at the SMAC (a mandatory pre-court step) → a demanda at the Juzgado de lo Social.

Who this applies to

• Any employee not paid their salary, nómina, extras or finiquito in full or on time — in any sector.
• Those given an incorrect finiquito on termination.
• Those with non-payment or delays under art. 50 ET: more than 15 days late plus three full monthly salaries owed in one year (even non-consecutive), or salary delays over six months (even non-consecutive).
• Those whose employer is insolvent or bankrupt (then FOGASA applies).

What you are entitled to

• The right to be paid your salary in full and on time (art. 4.2.f and 29 ET).
• The right to 10% annual interest on late pay (interés por mora).
• The right to file a papeleta de conciliación at the SMAC and then a demanda at the Juzgado de lo Social.
• The right to seek extinción of the contract under art. 50 ET, with compensation as for an unfair dismissal — when the art. 50 non-payment/delay thresholds are met or the court finds just cause.
• The right to FOGASA if your employer is insolvent or bankrupt.

Deadlines that matter

• The limitation period for a salary claim is 1 year (prescripción, art. 59 ET) from when the payment was due.
• A burofax interrupts the limitation period — put your demand in writing.
• A dismissal (despido), if you were let go, is challenged within 20 working days (caducidad) — a separate, short deadline.
• After the SMAC conciliación there is a deadline to file the demanda — do not delay.

Evidence to keep

• The contract (contrato) and all your nóminas.
• Bank statements showing the missing or partial payment.
• A burofax demanding payment and proof it was sent/received.
• Hours worked and overtime, plus correspondence with the employer.

How to claim, step by step

• Gather the contract, nóminas and bank statements; calculate the debt (base pay + extras + interest).
• Send the employer a written demand (burofax) — it both puts pressure on the employer and interrupts the limitation period.
• If they still don’t pay, file a papeleta de conciliación at the SMAC (a mandatory pre-court step).
• If there is no agreement at conciliación, file a demanda at the Juzgado de lo Social in time.
• If the employer is insolvent or bankrupt, apply to FOGASA.
• This is the current 2026 action plan, and none of these steps requires a lawyer: one is only mandatory to appeal the judgment (recurso de suplicación).

A real case: wages paid late and in instalments

Common mistakes

• Waiting more than a year — the salary claim becomes time-barred.
• Signing a finiquito marked "recibí" without a reservation (reserva de acciones).
• Resigning "voluntarily" instead of using the art. 50 ET route — you lose the compensation.
• Filing a demanda without the SMAC (papeleta) — it is a mandatory step.
• Demanding only verbally, with no burofax and no evidence.

If they still don’t pay

• If the employer ignores you, the next steps are SMAC → Juzgado de lo Social.
• Art. 50 non-payment/delay thresholds are grounds for extinción with compensation.
• Insolvency or bankruptcy — FOGASA covers part of the debt.
• Gather nóminas, statements and the burofax — a well-documented case is stronger.

Related guides

Common questions

Official sources