How do I stop paying payroll?

I can stop paying my salary

Imagine an employee who decides not to report to work for several days, without any explanation to his bosses. If he/she did not attend to his/her main obligation, work, the employer could fire this person in a disciplinary manner. On the other hand, if a company fails to fulfill the basic counterpart of any contract, to pay the salary for the work performed, the “solution” for the worker is not nearly as immediate. In order to claim his salary, the courts usually require a minimum period of three months without being paid. During this period, the worker must go to his job so as not to face situations that could cause him to lose the paychecks owed and even lose the right to compensation and even unemployment.

“It is something that cannot be understood,” regrets Victor, already a former employee of the company Mopavid, in Badalona, and who has suffered this situation of non-payment of wages. “I understand perfectly well that you have to fulfill a contract as a worker. What is not normal is that a boss stops paying you and you see yourself like this. That until three months have passed you can’t denounce. You get to the fourth month without getting paid and how do you live in the meantime?” he complains.

How long can I go without a paycheck?

In order to claim their salary, the courts usually require a minimum period of three months without being paid. During this period, the employee must go to his or her job so as not to face situations that could cause him or her to lose the paychecks owed and even lose the right to compensation and even unemployment benefits.

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How long do I have to pay a payroll?

The custom in Spain is to pay the salary on a monthly basis, most frequently between the 30th and 5th of each month, depending on the company.

What happens if my payroll is not paid?

If your company does not pay you the respective salaries or you suffer continuous delays in your salary, you can sue the company, either to regularize the situation and collect the amounts owed or to request the termination of the employment relationship.

Delayed payment of payrolls

Hi. Article 29 of the Workers’ Statute, referring to the settlement and payment of wages, establishes that “The settlement and payment of wages shall be made punctually and in writing on the date and at the place agreed upon or in accordance with customs and practices”. It also establishes that the period of time for payment of salary amounts may not exceed one month.

If the applicable collective bargaining agreement of the sector does not provide otherwise, the maximum period for payment is one month from the day on which the work activity was performed. It is necessary to comply with the applicable standard and, failing that, with the uses and customs of the sector (generally contemplated in the collective bargaining agreements). As a general rule, the payroll is paid in the first five days corresponding to the month following the month in which it is due. That is to say, if you have worked from January 1 to 31, you should receive your salary from February 1 to 5.

The claim for the amount must necessarily be made, in a first step, by filing a conciliation paper at the mediation and conciliation services that correspond to you territorially. These services, which depend on each autonomous community, will proceed to summon you to a conciliation meeting with your company. If on the day of the conciliation you reach an agreement, for example because the company pays you or commits to pay you what you claim, a conciliation act is drawn up with an agreement between the parties with the commitment of the company to pay you and that is the end of everything.

What to do if your boss doesn’t pay your salary?

If your boss does not pay your wages, you have several legal options: Claim the overdue amounts through a conciliation letter and try to reach a payment agreement. You will be able to continue working at the company. If there is no agreement in this act of conciliation, you will have to go to trial.

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What happens if my salary is not paid on time?

First, it is important to consider conciliation. In other words, go to the corresponding area and try to clarify the situation. If the above does not resolve the conflict and the delay in payment is a recurring action, it is essential to report it to Profedet.

Where to report if you don’t get your paycheck?

A complaint to the labor inspectorate can be very effective when the company does not pay because it does not want to and as long as the amount is not debatable. That is, when it has money but does not want to pay the payroll or the amount owed.

Non-payment of payroll

Faced with this, many affected workers may wonder: “Can I stop going to work until I receive my paycheck?” or if, on the contrary, they will have the obligation to go to work despite not receiving a salary.    That was precisely what we asked our followers on social networks:

Regarding not going to the workplace until the payroll is paid, it is not advisable, since it would be in breach of the obligation to provide service, and could lead to a job abandonment, or that the employer proceeds to punish the worker with a very serious misconduct, such as a disciplinary dismissal.

In order to file a claim, the employee must file a conciliation paper at the Mediation, Arbitration and Conciliation Service of the Autonomous Community where he/she works. It is an act prior to the judicial process and its purpose is to reach a satisfactory agreement for both parties.

What does Article 82 of the Federal Labor Law say?

Article 82. – Salary is the remuneration to be paid by the employer to the worker for his work. Article 83. – The salary may be fixed by unit of time, by unit of work, by commission, at a fixed price or in any other manner.

What does Article 84 of the Federal Labor Law say?

Salaries are comprised of cash payments made for daily installments, gratuities, bonuses, room and board, bonuses, commissions, benefits in kind and any other amount or benefit paid to the employee for his or her work.

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What does Article 89 of the Federal Labor Law say?

Article 89.

In the cases of salary per unit of work, and in general, when the remuneration is variable, the average of the payments obtained in the thirty days effectively worked before the birth of the right shall be taken as the daily salary.

When payroll is due

Fees have put banks in the spotlight. During this month, the least loyal customers of most banks have had to go through the cashier and pay the maintenance fee for their current accounts. These commissions have raised blisters among many consumers.

In such cases, before signing up for additional products to avoid paying commissions, it is important to check their usefulness, their conditions and, above all, their price, so that what is saved on the one hand is not paid for on the other. The customer can also try to negotiate with his bank or check whether it does not have an account with better conditions than the ones he currently has.

How are the accounts without commissions and without binding?this type of accounts without mandatory binding do not have maintenance or administration fees, allow free SEPA transfers from the web and the app of the entity, direct debit income, pay bills and apply for a card. In other words, they offer the same basic services as any current account, but free of charge.