Best Wage & Hour Lawyers in Guia

About Wage & Hour Law in Guía, Spain

Wage and hour law in Guía, Spain is governed primarily by national labor legislation, supplemented by regional rules and sector collective agreements. The core national rules are in the Workers Statute and other regulations that set minimum standards for pay, working time, overtime, breaks, annual leave, payslips, and employer record-keeping. Employers must also follow collective bargaining agreements that apply to specific industries and workplaces; those agreements can add rights or change conditions within the limits of national law. If you work in Guía, you are protected by the same basic rights as workers throughout Spain, and you can use national and local institutions to enforce those rights.

Why You May Need a Lawyer

Wage and hour disputes can be technical, time-sensitive, and stressful. You may need a lawyer when:

- You are missing pay, overtime pay, commission, or holiday pay and the employer will not correct it.

- Your employer makes unlawful deductions from your salary or withholds final pay at the end of employment.

- You face a dismissal that you suspect is linked to raising wage complaints or asking for legal rights.

- Your working time classification is incorrect - for example, being classed as self-employed to avoid payroll obligations.

- You need to challenge unlawful use of temporary contracts, incorrect calculation of overtime, or denial of rest breaks and paid leave.

- You want to present documents and evidence properly, meet legal time-limits, and follow the formal conciliation and litigation process before the labor courts.

- You need advice on possible remedies such as unpaid wage recovery, compensation, reinstatement, or interim measures to prevent creditor actions by the employer.

Local Laws Overview

Key legal points that are particularly relevant in Guía and elsewhere in Spain include:

- Minimum wage - The Salario Mínimo Interprofesional (SMI) is set at the national level and updated periodically. Collective agreements may provide higher minimums for particular sectors.

- Working time - The legal standard is an annual average working time, generally around 40 hours per week on average. Exact limits can be affected by agreements and flexible scheduling rules.

- Overtime - Hours worked beyond the agreed normal working time are normally classed as overtime and are subject to additional pay or compensatory rest as specified by law or collective agreement. Employers must record hours worked for overtime monitoring.

- Rest breaks and daily/weekly rest - Minimum daily rest between shifts and minimum weekly rest periods are protected by law. For longer shifts, short breaks are required once work exceeds certain durations.

- Annual leave - Workers are entitled to a minimum annual paid leave period under national law. Collective agreements often set the timing and additional holiday benefits.

- Payslips and record-keeping - Employers must provide an itemised payslip each pay period, showing salary elements and deductions. Since 2019 employers must keep accurate records of daily working hours for every worker.

- Contracts and classification - Employers should provide written contracts for certain types of work and must respect the legal distinctions between full-time, part-time, temporary, and permanent contracts.

- Termination and conciliation - There are formal procedures for dismissals and disputes. Before lodging most labor claims in a court, a conciliation appointment must be attempted. For dismissal disputes, strict time-limits apply for starting the conciliation and later court process.

- Enforcement - The Inspección de Trabajo y Seguridad Social enforces labor standards. Workers may also bring claims before the Juzgados de lo Social (Labor Courts) after following required conciliation steps.

- Remedies and limitation periods - Remedies include recovery of unpaid wages, compensation for unlawful dismissal, and reinstatement in some cases. Time-limits vary by claim type; wage claims and dismissal claims have comparatively short deadlines, so early action is important.

Frequently Asked Questions

How do I check whether my pay is correct?

Gather your payslips, employment contract, and any applicable collective agreement terms. Compare the basic salary, overtime, allowances, tax and social security deductions, and frequency of payment with what is stated in those documents. If you do not have payslips, ask your employer in writing for them. If the employer refuses or the figures look wrong, take copies of bank statements and other records and seek advice from a union representative or a labour lawyer.

What should I do if my employer does not pay me on time?

Put your request in writing and keep a dated copy. If the employer still fails to pay, gather evidence - payslips, bank statements, employment contract, and any messages about payment. You can file a complaint with the Inspección de Trabajo to request an inspection and administrative action, and you can pursue a judicial claim after starting the conciliation process required in labor disputes.

Can my employer make me work unpaid overtime?

No. Overtime should be paid or compensated with equivalent time off as provided by law or the applicable collective agreement. Employers must record working hours. If you are asked to work unpaid overtime, document dates and hours and seek advice. Persistent unpaid overtime is a common ground for a complaint or legal claim.

What are my rights to breaks and daily rest?

Spanish law guarantees minimum rest periods between shifts and weekly rest. For shifts longer than a specific duration a short paid break is required. Exact rules can vary by collective agreement, but employers cannot lawfully eliminate guaranteed rest breaks or daily rest times.

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

There are strict time-limits for labor claims. Wage-related claims are typically subject to a short limitation period measured from when the wage became due. Dismissal-related claims also have short deadlines and require an initial conciliation attempt before court action. Because time-limits vary by claim type, seek advice promptly to avoid losing rights.

Do I have to go to conciliation before going to court?

Yes. In most employee-employer disputes you must attend a conciliation appointment with the relevant mediation body before filing a claim in the labor courts. The conciliation step is mandatory and is a gateway to judicial proceedings in employment matters.

Can I get legal help for free or at low cost?

Legal aid - asistencia jurídica gratuita - is available for people who meet income and other eligibility criteria. Additionally, trade unions commonly offer advice and assistance to members, and some municipal services or citizens advice points can provide initial guidance. For complex disputes you may still want a specialised labour lawyer even if you use free initial services.

What evidence is most useful in wage and hour cases?

Key evidence includes payslips, employment contract, time records, bank statements showing payments, emails or messages about hours and pay, witness names, and any internal policies or the collective agreement. Medical certificates and records can support claims related to sick leave or working conditions. Preserve originals and make dated copies.

What happens if I complain and my employer retaliates?

Retaliation for asserting labour rights - for example disciplinary measures or dismissal after lodging a wage complaint - may itself be unlawful. There are protections against unfair dismissal and retaliation. If you suspect retaliation, seek advice immediately and document the actions taken by the employer.

Should I contact a union or a lawyer first?

Contacting a union can be a good first step if you are a member, as unions often provide advice and can negotiate with employers. If you need formal legal action, or if the matter is complex, consult a labour law specialist. Many lawyers offer initial consultations to explain options, time-limits, and likely outcomes.

Additional Resources

These institutions and resources can help you understand and enforce wage and hour rights in Guía:

- Inspección de Trabajo y Seguridad Social - the national labour inspection body that receives complaints and can investigate employers.

- Juzgados de lo Social - the labour courts that decide employment disputes after conciliation.

- Servicio de Mediación, Arbitraje y Conciliación (SMAC) or the regional mediation service - the body that handles mandatory conciliation appointments before court claims.

- Servicio Canario de Empleo and the Gobierno de Canarias labour information services for regional employment guidance.

- Local trade unions such as major national unions active in the area for advice and representation.

- The Colegio de Abogados de Las Palmas or other local bar associations for information about labour lawyers and legal-aid procedures.

- Your workplace collective bargaining agreement - usually available from your employer, the union, or the regional labour authority and often crucial to understand specific terms.

Next Steps

If you think your wage or working-time rights in Guía have been violated, follow these practical steps:

- Collect and preserve evidence: payslips, bank statements, contract, time records, messages, and witness details.

- Put your complaint in writing to your employer and keep dated copies of all correspondence.

- Seek initial advice from a union representative, municipal advice service, or a specialised labour lawyer to assess your position and time-limits.

- If advised, request a conciliation appointment promptly - this is normally the required first step before court action.

- If conciliation fails, work with your lawyer or representative to bring a claim before the labour court within the applicable deadlines.

- Consider filing a parallel complaint with the Inspección de Trabajo to trigger an inspection and possible administrative sanctions against the employer.

- If cost is a concern, ask about legal aid eligibility and about fee arrangements such as fixed-fee advice or contingency options that some lawyers may offer.

Act early. Wage and hour disputes often have short time-limits, and prompt documentation and legal advice improve the chance of a favorable resolution.