Can I go to small claims court for unpaid wages?

Can I go to small claims court for unpaid wages?

Time to claim payroll

Does your company owe you one or more paychecks of your salary? Have you been dismissed and recognized as unfairly dismissed but you have not been paid the compensation? Unfortunately, there are many cases of companies that, for example, in adverse situations, decide that the priority does not lie in the payment of the salary. In addition, we encounter on a daily basis cases in which employers decide not to pay severance payments, vacations or the corresponding settlements. In this post we are going to explain what is a labor claim and in which situations you can carry it out.

You should know that the fact that you file a claim for an amount claim directly implies your protection against a hypothetical dismissal that could occur as a result of such claim.

This right is maintained even after you have been dismissed by the company (if that is the case), after the contractual relationship has come to an end or, if it is the case, you have resigned from your job, as long as you have not signed a settlement that releases your company from the obligations and amounts owed.

What to do if I am paid less than the minimum wage

The main obligation of the employer is to pay the salary to the worker, but in many occasions companies pay late or simply stop paying their employees. What can the worker do in these cases?

Read more  Can an ultrasound be wrong about a breast cyst?

The worker can claim any amount owed by the company. It is not necessary that the company does not pay a whole month’s salary, it is possible to claim any amount in addition to the salary: if the company pays less than it should have paid, or does not pay, for example, any of the bonuses recognized by the collective bargaining agreement or the payment of overtime.

The process necessarily begins through the presentation of what is known as the “Papeleta de Conciliación”. This is a written document that is presented to the administration and which is necessary and prior to the judicial process. In it you have to clearly state the amounts claimed and what are the concepts. We have published a guide explaining in detail what it is and how it is presented and it is available in this link: the conciliation letter. In this guide we indicate that in each Autonomous Community there is a different model of conciliation form, but all of them have the same structure. You can see, for example, that of the Community of Madrid by clicking on this link (pdf).

One year to claim wages

In last week’s post we looked at the options available in the case of non-payment of alimony. This week we are going to focus our attention on explaining how payroll garnishments or the so-called judicial garnishment of wages work.

We are going to detail how much of your salary the court can withhold through garnishment. When we talk about wage garnishment we refer to both wage garnishment and payroll garnishment or pension garnishment. In short, it is about knowing how much of what we receive at the end of the month can be withheld.

Read more  Do you have to pay taxes if you find gold?

Once the person who is obliged to make a payment according to the judgment or regulatory agreement of the divorce has failed to make the payment, and the person who should have received it has been forced to go to court to receive the payment, one of the procedures that are carried out in court to obtain the payment is the garnishment of assets.

1. If the creditor and debtor have not agreed otherwise, within or outside the execution, the Clerk of the Court responsible for the execution will seize the assets of the executed party, taking into account the greatest ease of disposal and the least onerousness for the executed party.

Underpaid payroll

The first thing an employee should know about wages is that the employer is obliged to pay the employee’s salary and cannot fail to pay the employee’s salary, regardless of the company’s situation. So when suddenly the boss stops paying the payroll, it is normal that the worker is worried and if it is something that starts to happen one month after another, he starts to ask himself what he can do, where can he go, or if he can consider leaving the company?

First of all, no, if you are a worker who is owed several paychecks, do not just leave the company (we will explain why later) and read on to find out how to proceed in these cases of non-payment of wages.

It is clear that for any worker not being paid for one or two months can be a significant loss, however, before we start to denounce the company for non-payment, it is advisable to find out whether the fact is due to a specific situation (low sales, increase in the price of materials, outstanding debts from customers, etc.) or not.

Read more  Can you get your holiday pay paid out?