Not Paid?
Something Feels
Wrong? Read This.
This is the final post in the series, and genuinely one of the most important. If you're not being paid, or something at work feels wrong, here are your real options — in the right order, with the one deadline that matters most.
The Real Steps to Take, In Order
Your contract, payslips, work-related emails or messages, anything showing your employment relationship — even without a signed contract, you can genuinely still make a claim if you can demonstrate the relationship existed. More evidence means a stronger claim.
Genuinely, many delays get resolved this way. Don't rely only on a verbal conversation, though — follow up in writing (email or message) so there's a record.
If the direct conversation doesn't work, a formal written request (reclamación) for the specific amounts owed is the genuine next step, and creates a clear paper trail.
This is genuinely free, and you don't need a lawyer. Inspectors can sanction the company for the violation — though remember Section header fact above: this alone doesn't guarantee your 1-year claim deadline is protected.
Before going to court, you generally need to attempt conciliation through SMAC (Servicio de Mediación, Arbitraje y Conciliación). If the company agrees to pay here, the agreement genuinely has the same legal force as a court judgment.
If conciliation doesn't resolve it, you can file a lawsuit — genuinely possible without a lawyer for straightforward claims, though a labour lawyer meaningfully improves your odds. If the company is found to owe you, they also owe 10% annual interest on the late payment (Article 29.3, Estatuto de los Trabajadores).
If the Company Can't Pay — FOGASA
If your employer is genuinely insolvent or enters formal bankruptcy proceedings (concurso de acreedores), the FOGASA (Fondo de Garantía Salarial) can step in and cover part of what you're owed — this is a real, public safety net specifically for this situation.
Unpaid wages up to double the daily SMI, capped at 120 days — for 2026, that's a maximum of roughly €11,239.20 in wage coverage per worker. It also covers legal severance indemnities, up to certain limits.
Usually requires a court to formally declare the company insolvent, which typically means going through the judicial claim process first (Section 1). If the company has entered a formal concurso de acreedores, this can be more direct.
Genuinely, don't assume you have unlimited time even after winning a judgment — the clock starts from when the amount became legally claimable.
Free Help That Genuinely Exists
Genuinely free, no lawyer required, and available to anyone regardless of immigration status when it comes to labour rights.
If you genuinely don't have the resources for a private lawyer, you can request a free one through your province's Colegio de Abogados (Bar Association) for the judicial process.
Major unions like CCOO and UGT genuinely offer free initial guidance on workers' rights issues, even if you're not a member — worth reaching out to before assuming you need to handle this entirely alone.
Even with genuinely unpaid wages, walking away from a job without proper process can be used against you later — get advice first (Inspección, a union, or a lawyer) before making that decision. The law does protect you from retaliation for exercising these rights — if you're fired for filing a legitimate claim, that's genuinely worth raising immediately with a labour lawyer or the Inspección.
Genuinely, it doesn't automatically — move toward a formal claim as your deadline approaches, don't rely on the complaint alone.
Genuinely start saving evidence the moment something feels wrong, not after it's become a serious problem.
This can genuinely weaken your position — get guidance before making that call.
The 1-year deadline is genuinely real — free help exists specifically so you don't have to navigate this entirely alone or wait until you feel fully ready.
The Daily Wage & Blue-Collar Jobs Series — All 8 Posts
From registering as a job-seeker to knowing your rights if something goes wrong — here's the full series.
The community is here for whatever comes next.
Whether you're just starting your job search or dealing with a genuine workplace problem right now, real people who've navigated this exact path are already here.
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