Unpaid wages and disputes: prepare a claim
Organise facts and evidence and choose the route that fits the problem.
6 min read · Sources checked on
What to keep in mind
- Organise facts, dates and amounts.
- Inspection and court claims have different functions.
- A payment promise does not make deadlines wait.
General guidance for employees in Spain. The collective agreement, employment relationship and circumstances can change the answer. Seek employment advice for a specific dispute or deadline.
Choose the route for the issue you need to resolve
Requesting an explanation, reporting a breach and claiming money are different procedures. More than one step may be needed. In Murcia, CARM’s employment conciliation service allows an attempt at settlement in cases requiring this prior step.
Clarify or correct
Ask the employer for a written explanation, identifying period and item. Keep the reply and evidence.
Investigate breaches
ITSS can investigate. A formal complaint requires identification, but its source is confidential from the employer.
Challenge an amount or decision
Ask about prior conciliation and the employment court as applicable. An ITSS complaint does not replace these routes or itself suspend deadlines.
Gather what matters
Record the missing amount or condition, when it began and responses received. Keep contracts, payslips, payments, hours and lawfully available communications. A clear timeline helps advice without publishing personal information.
Distinguish routes
The Labour Inspectorate can investigate breaches. Formal complaints require identification; their origin is confidential from the inspected employer. The information mailbox is not a formal complaint and does not replace legal action for payment or dismissal.
Seek advice promptly
Wage claims generally have a one-year period from when the amount is due; other disputes have much shorter deadlines. Seek advice on prior conciliation, court action and deadline calculation.
Explore a worked example
Part of August’s wages is missing. The worker sends a message and receives “we will pay soon”.
How to interpret it
Specify the difference, item and due date. The general wage-claim period is one year; interruption must be assessed, not assumed.
A useful next step
Prepare a chronology and documents, and ask which action preserves the deadline.
My preparation checklist
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