Nowadays there are many situations in which the company stops paying its workers their salaries and other amounts that for other reasons are recognized in the applicable Collective Agreement, as well as the compensation to which they are entitled after dismissal.
In these cases you can count on our specialized advice, which will be carried out with a prior study of the amounts that were not paid, the date of the same, the salary and non-salary concepts that are recognized by the Collective Agreement and that may not have been applied, attempting the prior negotiation with the Company and if this is not possible, presenting the corresponding claim before the Social Jurisdiction.
Through our actions you will be able to obtain the maximum amount that corresponds to you as a worker for the salaries, severance pay, overtime, and other concepts that were not paid and to which you are entitled, and, where appropriate, for the recognition of the maximum compensation that for the time worked may correspond to you, as you should know that there are different types of compensation depending on different circumstances.
If the employment relationship with the company has ended through dismissal, we will make a claim for the corresponding compensation, which will vary depending on the circumstances and the type of dismissal:
-Employment Regulation File: generally you will be entitled to compensation of 20 days per year worked.
-Proper dismissal: when the labor authority considers the causes of dismissal to be certain. In these cases the compensation will depend on the reason for dismissal, although at most it will be 20 days/year.
-Improper dismissal: when it occurs due to the company's decision to dismiss that worker, without apparent reasons and even when the worker complies with his obligation. The compensation will be 45 days/year for the time contributed until February 2012, and 33 days/year for the time contributed after this date.
-Voluntary resignation of the worker: he will not have the right to compensation.
This is in relation to the type of contract by which the worker is linked to the company, since the right to compensation may vary depending on the way in which it ends:
-Indefinite or temporary contracts that end inappropriately early: they will be entitled to compensation of 45 days/year until February 2012 and 33 days/year in contributions after this date.
-Employment promotion contracts: compensation of 33 days/year is provided.
-Temporary contracts: have an amount of compensation that would be 8 days/year worked.
At the same time, we are very aware that in the current situation there are many companies that, due to lack of liquidity, are involved in this type of situation in which they stop paying their workers in the confidence that at a better time they can meet said salaries owed. This is where you can also find our legal support, analyzing the situation and seeing the options for action when the situation reaches this extreme.
Thus, we carry out the entire procedure, from the prior conciliation before the Mediation, Arbitration and Conciliation Service) against the defendant company, and subsequent lawsuit before the Social Jurisdiction, where we will claim not only the payroll that the company may owe, but also the salary differences established by Collective Agreement, plus the interests established by Law.
Likewise, there are many matters in which we act when the company is late in paying salaries, since when it is continued it could give the right to the termination of the employment contract with the corresponding compensation for unfair dismissal and the right to unemployment benefit. .
