Worker’s compensation claim
The “Estatuto de los Trabajadores” includes in its articles the process to be followed when a worker is in the position of demanding from the company where he or she works the payment of an economic amount owed as a result of the employment relationship that unites them, as may be the case:
In short, it is a legal claim filed by the worker after having submitted a conciliation paper to the “Servicio de Mediación, Arbitraje y Conciliación” (SMAC) without the parties having reached an agreement to avoid the legal process.
It is important to emphasize in this regard that if the worker has been dismissed he will still have the right to make a claim for the amount due and the default interest. Provided that the request corresponds to the last calendar year. It is important to know that according to Article 29 of the “Estatuto de los Trabajadores”, in claims for amounts corresponding to salary items on the payroll, 10% annual interest on arrears may also be requested.
With economic situations such as those that a company and its workers may go through at a socio-economic level due to epidemics such as the one that occurred as a result of the COVID-19, this causes an increase in cases of non-payment by companies, which either cannot afford the economic costs derived from their activity, or have the need to delay payments due to their workers.
In this connection, and according to the case law of the “Tribunal Supremo”, it should be borne in mind that, despite the fact that in certain circumstances companies may be able to justify delays and non-payment by claiming a negative economic situation, the worker may terminate his employment contract without renouncing his rights to receive the amounts due.
That is why at Letslaw we have a large team of labour lawyers with extensive experience in the field of quantity claims who will advise and guide you at all times, taking into account your specific needs. The statute of limitations for claiming salary debts is ONE YEAR, which will stop counting from the moment the worker reliably claims what is owed.