How to claim unpaid salary in Spain: formal notice (burofax), SMAC and a claim at the Juzgado de lo Social
Is your employer not paying your salary, nómina or finiquito — in full or on time? You have one year to claim (prescripción). The 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. Late pay carries 10% annual interest; if the employer is insolvent, FOGASA steps in. Do not sign a finiquito without a reservation, and do not resign "voluntarily" instead of using the art. 50 ET route.
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.
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).
NAVISort out my unpaid salary — how to claim it in time
NAVI will prepare a demand to the employer.
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 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 salary claim limit 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 is both pressure and an interruption of 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.
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
- The employer ignoring you is exactly the path: 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 structured case wins.
We’ll help you claim your salary — free
Describe the situation (what is unpaid and for which period): NAVI calculates the debt, helps draft the burofax and the SMAC papeleta, and flags the deadlines.
✓ Free · ✓ No account · ✓ A few minutes
Related guides
Common questions
How long do I have to claim unpaid salary?
One year (prescripción, art. 59 ET) from when the payment was due. A burofax interrupts the period.
Is there interest on late pay?
Yes, 10% per year (interés por mora, art. 29 ET).
Do I have to go to the SMAC before court?
Yes. The papeleta de conciliación at the SMAC is a mandatory pre-court step before the demanda.
Can I resign and still get compensation?
If the art. 50 thresholds are met (more than 15 days late plus three full monthly salaries owed in one year, or delays over six months), use extinción with unfair-dismissal-level compensation. Do not resign "voluntarily".
What if my employer is bankrupt?
FOGASA covers part of what is owed when the employer is insolvent.
I signed the finiquito — is it all lost?
Not necessarily: if you signed with a reservation, under pressure, or with calculation errors, it can be challenged.
Do I need a lawyer?
For the SMAC you can go alone; for the Juzgado de lo Social it is advisable (a graduado social or abogado).
What if I was dismissed (despido)?
That is a separate deadline: 20 working days to challenge the dismissal; one year to claim salary.
Official sources
For information only, not legal advice. Check the deadlines and your sector’s rules. Updated: June 2026.
📩 Foreigners are the last to hear what affects them directly — laws, rules, new fees and opportunities.
We won't forget you. Leave your email — we'll explain it simply, in your language.
Need everyday protection, not just a one-off check?
Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.