Best Wage & Hour Lawyers in Bilbao

About Wage & Hour Law in Bilbao, Spain

Wage and hour law in Bilbao follows the national framework of Spain, with some local administrative and practical elements specific to the Basque Country and the province of Bizkaia. The core rules on pay, working time, breaks, overtime, payslips and leave are set by the Spanish Workers Statute - Estatuto de los Trabajadores - and by national regulations. Many details are determined or improved by collective bargaining agreements - convenios colectivos - that apply by sector, province or company. Local institutions - such as the Labour Inspectorate in Bizkaia, the Basque employment service and trade unions - play an active role in enforcement and advice.

Why You May Need a Lawyer

Labour disputes can be technically complex and time sensitive. You may need a lawyer if you face any of the following situations:

- Unpaid wages or withheld salary for days, weeks or months.

- Disagreements about overtime payment, its rate or whether hours were correctly recorded.

- Problems with payslips - missing details, incorrect deductions or unexplained withholdings.

- Denial of statutory rights - paid annual leave, rest breaks, or part-time pro rata rights.

- Wrongful deductions for uniforms, tools or company losses.

- Disputes about on-call time, telework compensation or whether certain time counts as working time.

- Employer failure to register employment properly with Social Security or irregular contract practices.

- Need to initiate a claim before the Social Courts - Juzgados de lo Social - or to prepare for the mandatory conciliation procedure.

- To calculate and claim damages for unlawful practices, and to advise on alternates like mediation, inspection complaints or court actions.

Local Laws Overview

Key points to know when dealing with wage and hour matters in Bilbao and the Basque Country:

- Governing law - The Estatuto de los Trabajadores sets minimum rights for pay, working time, rest, leave, and payslips. Collective agreements and individual contracts can improve terms but cannot undercut statutory minimums.

- Working time - Ordinary working time is measured as an annual average. The standard reference is around 40 hours per week on average, though the precise figure and distribution can vary by collective agreement. Employers must respect daily and weekly rest periods.

- Breaks and rest - Minimum daily rest is generally 12 hours between shifts. Workers who perform more than six hours a day are usually entitled to a short break - commonly at least 15 minutes - when set by law or collective agreement. Weekly rest generally includes one and a half consecutive days, often combined with Sunday.

- Annual leave - The statutory minimum paid annual leave is usually described as 30 calendar days per year, subject to the terms of the applicable collective agreement or contract. Specific scheduling and payment rules can vary.

- Overtime - Overtime exists both as hours worked beyond ordinary time and as an instrument managed by collective agreements. The law limits overtime and requires compensation either by additional pay or compensatory rest. Collective agreements often set rates and maximums. Employers must record overtime accurately.

- Payslips and payment - Employers must provide an accurate payslip for each pay period showing salary components, deductions, social security contributions and overtime. Salary payment frequency is normally monthly, unless otherwise agreed.

- Part-time and temporary workers - Pro rata treatment applies for wages, overtime, and benefits. Temporary contracts and certain forms of short-term work are subject to special rules that restrict abusive use.

- Worker representation - Workers in larger companies may have works councils - comités de empresa - or trade union delegates who can assist with claims and internal procedures.

- Enforcement and remedies - Claims for unpaid wages and other labour rights are handled by the Labour Inspectorate - Inspección de Trabajo y Seguridad Social - and by the Social Courts. An initial conciliation step via the official mediation-conciliation service is often required before court proceedings.

Frequently Asked Questions

What is the minimum wage in Bilbao?

The minimum interprofessional wage - Salario Mínimo Interprofesional - is set at national level and applies in Bilbao. The amount is updated annually by the Spanish government. Some collective agreements set higher minima for specific sectors or provinces.

How many hours can I be required to work per week?

Ordinary working hours are calculated as an annual average and are commonly around 40 hours per week on average, but the precise number and distribution can be adjusted by collective agreement. Daily and weekly rest limits must be respected. If you have concerns about excessive hours, you should check your contract and the applicable convenio colectivo.

Am I entitled to paid breaks and daily rest?

Yes. Workers are generally entitled to adequate daily rest between shifts - normally a minimum of 12 hours - and to a short daily break if the workday exceeds six hours. Weekly rest of at least one and a half consecutive days is also standard. Collective agreements may provide better conditions.

How is overtime treated and paid?

Overtime must be compensated either with additional pay at the rate established by law or by compensatory rest, as set out in the Workers Statute and in collective agreements. Employers must record overtime. Collective agreements usually detail overtime rates and maximums. If overtime is unpaid, you can file a claim.

What should a legal payslip include?

A payslip should clearly show the pay period, gross salary, all salary components and supplements, overtime payments, deductions for taxes and social security, net pay, and employer and employee social security bases. If your payslip lacks required details, raise the issue with HR, a union representative, or a lawyer.

What can I do if my employer does not pay my salary?

First, gather evidence - contracts, payslips, bank transfers, timesheets and communications. Request payment in writing and keep a copy. You can report the matter to the Labour Inspectorate, request conciliation through the mediation-conciliation service, and ultimately file a claim before the Social Court. A lawyer can help with timing, evidence and calculation of arrears and interest.

How long do I have to bring a claim for unpaid wages?

Limitation periods for labour claims can be strict. Time limits depend on the type of claim and facts. Because deadlines may vary and missing them can prevent recovery, seek advice promptly from a union, the Labour Inspectorate or a labour lawyer to confirm the exact time limit that applies to your case.

Do temporary or part-time workers have the same rights?

Yes. Temporary and part-time workers are entitled to the same basic labour rights, subject to pro rata treatment for pay and benefits where applicable. Abusive use of temporary contracts or misclassification can be challenged through inspection or court proceedings.

Does sick leave or other leave stop my holiday entitlement?

In most cases, statutory holiday entitlement continues to accrue during periods of temporary incapacity for work and other statutory leaves. However, scheduling and carry-over rules can be influenced by collective agreements and the length of the absence. Confirm specifics with a lawyer or the applicable convenio.

Who can help me locally in Bilbao if I need advice or want to file a complaint?

Local resources include the provincial Labour Inspectorate in Bizkaia, trade union offices for UGT and CCOO in the Basque Country, the Basque employment service and occupational safety institute, and the local Bar Association - Colegio de la Abogacía de Bizkaia - which can provide lawyer referrals and information about legal aid. For formal disputes you will use the mediation-conciliation service and, if necessary, the Social Courts in Bizkaia.

Additional Resources

Useful bodies and organizations to consult when you need help with wage and hour matters in Bilbao:

- Inspección de Trabajo y Seguridad Social - for investigations and complaints about labour law breaches.

- Juzgados de lo Social in Bizkaia - Social Courts that hear employment disputes.

- Ilustre Colegio de la Abogacía de Bizkaia - for lawyer referrals and information on public legal aid eligibility.

- Trade unions - national and regional branches, including UGT and CCOO, which provide advice and representation to members.

- Lanbide - Basque employment service - for employment related information and services.

- Osalan - Basque Institute for Occupational Safety and Health, for workplace safety and health matters that intersect with working time and conditions.

- Tesorería General de la Seguridad Social and SEPE - for social security and unemployment matters related to labour disputes.

Next Steps

If you believe your wage or hour rights have been violated, follow these practical steps:

- Collect evidence - employment contract, all payslips, time records, emails or messages with the employer, bank statements showing payments, and any relevant collective agreement.

- Check your convenio colectivo - it may contain important terms on hours, pay and overtime.

- Raise the issue internally - request clarification from HR or your supervisor in writing and keep a record of responses.

- Contact a trade union representative for advice and possible representation.

- If internal resolution fails, consider a complaint to the Labour Inspectorate and request the mandatory conciliation appointment through the mediation-conciliation service before court action.

- Consult a labour lawyer - especially to confirm deadlines, calculate unpaid sums and prepare any claim for the Social Court. If cost is a concern, ask the Bar Association about legal aid schemes and low-cost advice options.

- Act quickly - labour claims can be time sensitive. Prompt action preserves evidence and protects your right to recover unpaid wages or other remedies.