Non-payment

Workers are entitled to receive their remuneration promptly. Thus, the company must make the payment of this salary punctually and with proper documentation, on the agreed date and place or according to the company's custom. Periodic and regular remunerations must be paid every month, and in case of delay in salary payment, an interest of 10% of the amount owed accrues.

A worker who suffers from non-payment or continuous delays in salary payment may file a lawsuit, and if the company's breach is considered very serious, they will have the right to the compensated termination of their employment contract. Additionally, they may access the legal unemployment situation.

For the courts to consider the company's breach very serious, it is required that there be a repetition in its behavior (the courts establish a limit of three months of unpaid salary or six months of payment delay):

• There is repetition. If there is repetition, non-payment or delays constitute a very serious offense, punishable by a fine ranging from 7, 501 to 225, 018 euros, and the worker may request compensated termination.

• There is no repetition. If the behavior is not repeated, it is considered that the company has incurred the following offense: "working conditions lower than those established by law or collective agreement, as well as acts or omissions contrary to the rights of workers...". And this is classified as a serious offense, punishable by a fine ranging from 751 to 7, 500 euros.

Furthermore, if the worker decides to go to the Labor and Social Security Inspection, the acting inspector may request the payment of the amounts owed and not prescribed; issue a settlement report for the Social Security contributions corresponding to such salaries (provided that non-payment coincides with the failure to pay contributions) and issue an infringement report.

Our professionals will inform you about any doubts you may have regarding non-payment and compensated termination of the contract due to the employer's breach.