Wage Claims Lawyers in Spain

As experienced labour lawyers in Spain, we specialize in assisting foreign clients with unpaid wage disputes, ensuring their rights are protected under Spanish law.
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Unpaid Wages in Spain

Unpaid wages occur when an employer fails to pay an employee for work performed, including salaries, overtime, or other agreed-upon compensation. In Spain, workers have the right to pursue legal action to recover these amounts, but strict deadlines and procedures must be followed to ensure a successful claim.

Key Deadline: One-Year Statute of Limitations

The deadline to file a wage claim in Spain is one year from the date the payment was due and not received. This is known as the prescripción period. Any unpaid amounts older than one year may become time-barred and cannot be claimed. To avoid losing your right to recover owed wages, it’s critical to act promptly. We recommend contacting a labour lawyer as soon as you identify an unpaid wage issue to initiate the process without delay.

The claim period starts the day after the payment was due. While some workers wait a few days as a courtesy in case the employer makes the payment, we advise against excessive delays to protect your legal rights.

wage claims spain

The Wage Claim Process in Spain

1

Contact a labour Lawyer
If your employer owes you money, the first step is to consult a specialized unpaid wages lawyer. Provide your lawyer with all relevant documentation, such as contracts, payslips, bank statements, or communication with your employer about the unpaid wages. Your testimony about the employment relationship and the circumstances of the non-payment will also be critical in building a strong case.

2

Extrajudicial Negotiation
Before escalating to court, your lawyer will attempt to resolve the issue extrajudicially by negotiating with the employer. This may involve sending formal demand letters or engaging in discussions to secure payment without litigation. This approach can save time and costs, but it requires a strategic legal approach to ensure the employer takes the claim seriously.

3

Filing a Judicial Wage Claim
If extrajudicial efforts fail, your lawyer can file a demanda de reclamación de cantidad (wage claim lawsuit) in a Spanish labour court. The court will review the evidence and issue a ruling. If the judgment is in your favor, the court will order the employer to pay the owed amount, potentially including interest or other penalties.

4

Enforcing the Judgment
If the court rules in your favor but the employer claims a lack of liquidity to pay, your lawyer can request the seizure of the employer’s assets (embargo) to satisfy the debt. This may include bank accounts, property, or other assets owned by the company.

5

Insolvency and FOGASA
If the employer is declared insolvent or bankrupt, recovery through the company may not be possible. In such cases, you can file a claim with the Fondo de Garantía Salarial (FOGASA), Spain’s Wage Guarantee Fund. FOGASA may cover part or all of the owed wages, up to a limit of two years’ worth of payments, depending on the circumstances. Your lawyer will guide you through this process to maximize your recovery.

Why Choose a Specialized Unpaid Wages Lawyer?

Navigating wage claims in Spain can be complex, especially for foreign workers unfamiliar with the Spanish legal system. A specialized labour lawyer will:

  • Ensure compliance with the one-year statute of limitations.
  • Gather and present the necessary evidence to strengthen your case.
  • Negotiate effectively with your employer to avoid lengthy court proceedings.
  • Represent you in court and handle asset seizures or FOGASA claims if needed.
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Roma Abogados

Act Now to Recover Your Unpaid Wages

Contact our team of experienced labour lawyers today to review your case and start the wage claim process.

We understand the challenges foreign workers face and are committed to defending your rights to ensure you receive the compensation you’re owed.

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Frequently Asked Questions about wage claims in Spain

A wage claim expires 12 months after the payment was due. For example, if your employer should have paid you on June 30, 2024, you must file the claim before July 1, 2025.

The claim is calculated based on: Unpaid salary (monthly wages not received). Overtime or extra hours worked but not paid. Bonuses, commissions, or other agreed payments stated in the contract or collective agreement. Holiday pay if accrued but not paid. Your lawyer will sum up all these concepts to determine the total amount owed.
A wage claim expires 12 months after the payment was due. For example, if your employer should have paid you on June 30, 2024, you must file the claim before July 1, 2025.
If the court rules in your favor, the employer may also be required to pay statutory late-payment interest. This interest is usually calculated from the date the payment was due until the employer makes the payment, according to Spanish labour law and civil code provisions.
While it is possible to file a claim on your own, it is highly recommended to work with a specialized labour lawyer, especially if you are a foreign worker. The legal procedures can be complex, and a lawyer ensures deadlines are met, documents are correctly presented, and negotiations or court actions are handled effectively.
If your employer claims insolvency, your lawyer can request asset seizures (embargos). If the company is declared insolvent, you may still recover part of your unpaid wages through FOGASA (Wage Guarantee Fund), which covers certain amounts up to two years.
Yes. In fact, the first step your lawyer will usually take is extrajudicial negotiation—sending a formal demand letter or trying to reach a settlement. Many disputes are resolved this way without going to court.

Typical documentation includes:

Your employment contract.

Payslips (if available).

Bank statements showing missing payments.

Any written communication with your employer about the wages.

These documents strengthen your claim, but even if you lack some of them, your testimony is also valid evidence in labour courts.

Yes. Spanish labour law protects all workers in Spain, including foreigners. Your nationality or residence status does not prevent you from filing a wage claim.

Abogados Roma

Owed unpaid wages in Spain? Contact our English-speaking wage claim lawyers in Malaga for a free consultation today!

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