If your company does not pay your payroll and this situation repeats itself over and over again, you have the right to claim what they owe you and even to terminate your employment contract and receive compensation and unemployment benefits.
To claim payroll or delayed salaries we have a period of 1 year that begins from the moment the payroll should have been paid.
The first step would be to send a letter to the company, by letter, by fax or by e-mail, to demand payment of the salary. You can send this document through Burofax, this system allows you to prove the content of the communication made to the company and can serve as a means of proof before the courts or before any Public Administration.
If by sending a burofax or letter we have not been able to get the company to pay, we will have to request the outstanding amounts from the Mediation, Arbitration and Conciliation Service (SMAC), in order to avoid a lawsuit.
To do this, a document called a conciliation ballot must be presented to the SMAC and an attempt will be made to reach an agreement with the company to be able to collect the owed salaries and, if requested, terminate the contract.
If there is no agreement with the conciliation, or your boss does not appear at the event, the next step would be to file a complaint with the court. And the judge will consider that there is a breach on the part of the company and will condemn the company to pay the compensation and payroll owed by the company.
If the company declared insolvent we could resort to the Salary Guarantee Fund (FOGASA) to collect. This is an organization that will pay workers the amount of outstanding salaries due to insolvency or bankruptcy of the company. It is a guarantee for the worker that something will be paid if the company does not pay or cannot pay.
In a short summary, the steps to follow would be:
-Request to the company.
-Prior conciliation at the SMAC. (extrajudicial claim)
-Demand (Judicial claim)
– FOGASA.
