Your employer isn't paying.
Spanish labour law protects you — but you need to act now.
Monthly salary that never arrives, a withheld bonus payment, unpaid overtime, a final settlement that doesn't add up — in Spain, employers are legally required to pay wages on time (art. 29 ET). Each unpaid period can only be claimed within one year from when it became due (art. 59.1 ET). The sooner you act, the more you can recover.
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What exactly hasn't been paid?
Unpaid wages can take many forms. In every case the employer has a legal obligation — and the employee has a right that can be enforced in writing.
Monthly salary not received
One or more months without the salary agreed in the contract or collective agreement. Art. 29.1 ET requires payment by the agreed date. If the employer is still in arrears by the following month, a 10% annual interest starts accruing (art. 29.3 ET).
Bonus payment (paga extra) not paid
Spanish law requires at least two annual bonus payments — typically Christmas and another as set by the collective agreement (art. 31 ET). These are part of the salary and are just as claimable as a monthly payslip. Most collective agreements specify exact payment dates.
Overtime, variable pay or commissions unpaid
Extra hours worked but not compensated or paid, variable pay or sales commissions set out in the contract or collective agreement. The mandatory working-time register (required since the 2019 reform) is crucial evidence.
Incorrect or unpaid final settlement (finiquito)
The final settlement must include all outstanding items: unused holiday days, proportional bonus pay, and any other accrued concepts. If the amounts are wrong or missing, each item can be claimed individually.
Salary paid only in part
The employer transfers only part of the agreed salary or makes unauthorised deductions. Any withholding not permitted by law or by contract violates art. 26 ET — the difference is recoverable.
Employer ignores all communications
You have already tried verbally or by email with no result. An employer's silence in response to a formal written demand strengthens your position in conciliation and before the labour court.
Want RightNOW to guide you step by step to the result?
RightNOW Action Plan for recovering salary or final settlement (finiquito): we review the situation, gather documents, prepare the order of actions and guide you step by step.
Get the Action Plan for €59 →What the law says and what you need to claim
📋 Key documents for your claim
- Signed employment contract (or a copy)
- Payslips for the unpaid periods
- Bank statement showing what was received vs. what was owed
- Messages, emails or WhatsApp conversations where you requested payment
- Applicable collective agreement (convenio colectivo)
- Working-time records (essential for overtime disputes)
⚖️ Labour rights that protect you
- Receive wages on the agreed date (art. 29.1 ET)
- Claim 10% annual interest on delayed wages (art. 29.3 ET)
- Bring a claim before the labour court — after prior conciliation (art. 63 LRJS)
- Request contract termination with severance if non-payment is serious and repeated (art. 50.1.b ET)
- Access FOGASA if the employer is insolvent (art. 33 ET)
- Report to the Labour Inspectorate (ITSS) as a parallel tool
What usually goes wrong in a salary claim
Most unsuccessful claims fail for entirely avoidable reasons. Here are the most frequent ones.
Only complaining verbally
Without written evidence, you have nothing. A verbal complaint is hard to prove. To protect yourself, put your demand in writing and keep proof of delivery.
Waiting more than a year per period
Art. 59.1 ET sets a one-year limitation period for each wage amount, counted from when it was due. The oldest periods expire first while you are still deciding what to do.
Going straight to court without conciliation
Prior conciliation or mediation at the SMAC (or equivalent body in your region) is a mandatory procedural step before filing a claim in the labour court (art. 63 LRJS). Skip it and your claim will be rejected.
Signing the finiquito without checking the maths
Signing doesn't prevent you claiming unlisted items, but it complicates proof. If amounts are missing or wrong, note your disagreement in writing before or at the same time as signing.
Treating FOGASA as the first step
FOGASA only steps in once the debt is formally recognised (by judgment, approved conciliation agreement, or court order) and the employer cannot pay. Approaching FOGASA without prior recognition doesn't work.
Confusing a salary claim with a dismissal challenge
A dismissal challenge has a caducity period of only 20 working days (art. 59.3 ET). A salary claim has a separate one-year deadline. They are different actions with different deadlines — don't mix them without a clear strategy.
How to claim unpaid wages in Spain
Spanish labour law has a specific sequence. Skipping a step can invalidate the next one.
Gather your documents
You need: your employment contract, payslips for the unpaid periods, a bank statement showing what actually arrived, and any messages in which you already asked for payment. Without this foundation, your written demand lacks factual grounding and conciliation will be harder.
Send a written demand to the employer
By recorded delivery letter, email with read receipt, or any written channel that leaves a provable trace. State the unpaid periods, the amounts, the legal basis (art. 29 ET), and set a reasonable deadline for response. This step starts the entire legal process and also interrupts the limitation period (art. 1973 Civil Code).
Wait for a response
If the employer agrees to pay, confirm the agreement in writing with specific amounts and dates. If they refuse or don't reply within your deadline, you have grounds for the next step. Keep all correspondence.
Escalate: prior conciliation at the SMAC (mandatory)
File a conciliation request at the SMAC, CMAC, UMAC, or the equivalent labour service in your autonomous community. This is a mandatory pre-court step (art. 63 LRJS). The procedure is free. If an agreement is reached, it has the force of an enforceable judgment. If not, you receive the certificate needed to file in court.
Claim before the Juzgado de lo Social (labour court)
With the failed-conciliation certificate, you can file a claim in the labour court. In the social jurisdiction you may act in person at first instance whatever the amount: a lawyer or graduado social is optional there, and becomes necessary on appeal (suplicación). The court can order the employer to pay the outstanding wages plus interest under art. 29.3 ET. If the employer is insolvent or in bankruptcy, once the debt is recognised FOGASA may cover up to 120 days (art. 33 ET).
A written demand changes the dynamic
A verbal complaint proves nothing and obliges no one. A formal written demand citing the relevant law triggers different internal mechanisms — and opens doors that a phone call cannot.
Creates solid evidence
Without documentation, an employer can simply deny you ever complained. A recorded delivery letter or email with delivery confirmation fixes the date and content — both are admissible at conciliation and in court.
Interrupts the limitation period
The one-year clock under art. 59.1 ET is interrupted by an extrajudicial written demand (art. 1973 Civil Code). Sending the letter protects the oldest periods while you prepare the next steps.
Unlocks the court route and FOGASA
To file a conciliation request and, later, a court claim, it is much stronger to have documented the out-of-court attempt first. The written demand is the recommended first step because it fixes the date and the amount in evidence. The step the law actually requires before the labour court is the conciliation request (papeleta de conciliación) at the SMAC/CMAC, unless the LRJS exempts your case.
✅ You can handle this yourself if:
- you have a contract and payslips that prove the debt
- the unpaid amounts are recent (less than one year per period)
- the employment relationship is clear and undisputed
- the facts are simple and you are comfortable appearing in person — at first instance no lawyer is required, whatever the amount
🤝 It's worth getting help if:
- the amount is significant or there are several disputed concepts
- the employer denies the employment relationship or claims you are self-employed
- you are considering contract termination under art. 50.1.b ET with severance
- the company is in bankruptcy proceedings or appears insolvent
Demand your wages in writing
No need to write from scratch. Answer a few questions — get the formal demand letter with legal references (ET arts. 29 and 59), a PDF ready to send, and text suitable for recorded delivery or registered letter.
Frequently asked questions — unpaid wages in Spain
How long do I have to claim unpaid wages?
One year from the date each wage amount became due (art. 59.1 ET). The clock runs separately for each period: if January was not paid, you have one year from January; if February was not paid, one year from February, and so on. A written extrajudicial demand interrupts the limitation period (art. 1973 Civil Code). Do not wait — the oldest periods can expire while you are still deciding.
How much interest can I claim on delayed wages?
Art. 29.3 ET provides for a delay interest of 10% per year on the unpaid amounts. It accrues from the month following the due date of each period. For several months of arrears or large amounts, this can add up to a meaningful extra sum — worth including explicitly in the demand letter.
Is prior conciliation mandatory before going to court?
Yes. Prior conciliation or mediation at the competent labour service in your autonomous community (SMAC, CMAC, UMAC or equivalent) is a mandatory procedural requirement before filing a claim in the labour court (art. 63 LRJS). Without the conciliation certificate, the court will reject your claim. The conciliation process is free and, if an agreement is reached, it has the same enforceability as a court judgment.
What is FOGASA and when can I use it?
FOGASA (Fondo de Garantía Salarial) is a public fund that guarantees wage and settlement payments when an employer is insolvent or in bankruptcy (art. 33 ET). You can only access FOGASA once the debt has been formally recognised — by a court judgment, an approved conciliation agreement, or a court order within insolvency proceedings. It guarantees up to 120 days of salary (capped at twice the daily minimum wage) and certain severance amounts in insolvency. It is not the first step — it is the backstop when the employer can no longer pay.
Can I request contract termination with severance if my employer doesn't pay?
Yes. Art. 50.1.b ET gives the employee the right to ask the labour court to declare the contract terminated with severance equivalent to unfair dismissal: 33 days per year, with the general cap of 24 monthly salaries; for contracts before 12 February 2012, the transitional 45/33 mixed calculation may apply depending on seniority. This action is compatible with a claim for the outstanding wages but requires careful procedural strategy. A prior written demand significantly strengthens your position.
What if I have no payslips or written contract?
The absence of documents does not prevent you from claiming, but it makes proof harder. An employment relationship can be established through messages, bank transfers, witness statements from colleagues, or screenshots. A contract exists even without a written form (art. 8 ET) — what matters is proving that services were provided under an employment relationship and that remuneration was agreed. If the employer also failed to keep the mandatory working-time register (art. 34.9 ET), that breach can itself be used as an argument in your favour.
Does this replace a labour lawyer?
No. The generator drafts the first formal demand to the employer — the initial step, which in many cases is enough to unlock payment without going to court. If the employer does not respond and the matter progresses to conciliation, a court claim, or the art. 50 ET route, RightNOW assesses your options and connects you with more specialised support when appropriate.
Checked by the RightNOW team · Change history
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
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Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.