What should I do if my boss committed salary theft and I live in Portugal, but the jurisdiction is Spain?

Question from Lapsang, What should I do if my boss committed salary theft and I live in Portugal, but the jurisdiction is Spain?

Answer from AI:

If you believe your employer has committed salary theft, it’s important to understand your rights and the steps you can take to address the situation. Salary theft, also known as wage theft, occurs when an employer does not pay a worker the full amount of wages they are legally entitled to. This can include not paying for overtime, not paying the minimum wage, or not paying a worker at all.

Understanding Your Rights

In Spain, workers’ rights are protected by the Workers’ Statute (Estatuto de los Trabajadores). This law stipulates that employers must pay their employees the agreed-upon wage in a timely manner. If your employer fails to do this, it could be considered wage theft.

Steps to Take

If you believe you are a victim of wage theft, you can take the following steps:

1. Document the Issue: Keep a record of your hours worked, the pay you received, and any communication with your employer about your pay. This can serve as evidence if you need to take legal action.
2. Speak to Your Employer: Sometimes, wage theft can be a result of a misunderstanding or error. It may be helpful to speak to your employer about the issue first.
3. Contact a Union: If you are a member of a union, they may be able to provide assistance and advice.
4. File a Complaint: If your employer does not resolve the issue, you can file a complaint with the Spanish Ministry of Labour and Social Economy. They can investigate the issue and may be able to help you recover your unpaid wages.
5. Seek Legal Advice: If your employer still does not pay you what you are owed, you may need to take legal action. In this case, it would be advisable to consult with a lawyer who specializes in labor law.

Seeking Legal Advice

While this information provides a general overview of what to do if you believe your employer has committed wage theft, it’s important to remember that every situation is unique. Therefore, it’s always a good idea to consult with a legal professional who can provide advice tailored to your specific circumstances.

You can find more information about your rights as a worker in Spain on the Spanish Ministry of Labour and Social Economy website.

Remember, wage theft is a serious issue and you have the right to be paid for the work you do. If you believe you are a victim of wage theft, don’t hesitate to take action.