Employment law with a human eyeBarcelona · ICAB 34.158
Wages

How long do I have to claim unpaid wages in Spain?

When a payslip, a collective-agreement difference or some overtime is missing, time matters more than it seems. The deadline is real, it runs amount by amount, and it can be interrupted if you act correctly.

Category
Wages
Author
Laia Mollar Rodríguez
Published
2 min read

The general rule: one year

Claims arising from the employment contract that have no special deadline generally become time-barred one year after the contract ends. For money claims, the year runs from the day the claim could be brought — that is, from when each amount fell due.

In practice, each payslip expires separately. If you claim pay shortfalls for the past eighteen months today, the oldest six may already be time-barred, unless the period was interrupted.

How the period is interrupted

The limitation period is interrupted, among other ways, by an out-of-court demand that can be reliably proven, by filing the conciliation request or the court claim, and by the employer acknowledging the debt.

A conversation or informal message may not be enough. A burofax or a letter with proof of receipt, itemising the amounts, provides certainty. Once interrupted, the period starts again.

While you still work there

Claiming while employed is a right, and the law protects against retaliation. Even so, it is worth planning how to raise it: a clear, documented tone often makes a solution easier.

After the contract ends, it is also important to review the final settlement before signing, because its wording may affect later claims.

What to prepare

A monthly table showing what you should have been paid, what appears on the payslip and what was paid in; the applicable collective agreement; working-time records; and any communications about variable pay or bonuses. With these, it is possible to assess what is in time and which figure can be defended.

This is general information and does not replace an analysis of your case.

This article provides general information and is not legal advice. How it applies depends on the rules in force and the specific circumstances.

Frequently asked questions

Does a WhatsApp message to my employer interrupt the deadline?

It depends on its content and whether it can be proven. For greater certainty, a formal, provable demand is advisable.

Does untaken holiday have the same deadline?

There are specific rules depending on timing and circumstances. It is best reviewed together with the other amounts.

Discuss your situation ↗

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