Best Wage & Hour Lawyers in Villares de la Reina

About Wage & Hour Law in Villares de la Reina, Spain

Wage and hour rules in Villares de la Reina are set mainly by national Spanish labor law and by sectoral or company collective bargaining agreements. As a municipality in the province of Salamanca within the autonomous community of Castilla y Leon, local oversight and enforcement are carried out by regional labor authorities and the Labor Inspectorate. Core topics include minimum wage, working time limits, overtime, rest periods, holidays, payslips and deductions, time recording, telework conditions, and equal pay requirements.

Although many rights are uniform across Spain, the collective agreement that covers your sector or company can add protections or specific pay rates. Knowing which agreement applies to you is essential because it often determines schedules, overtime pay, night and shift premiums, and procedures for distributing working time.

Why You May Need a Lawyer

You may need a wage and hour lawyer if you believe your employer is not paying correctly or is breaching working time rules. Common situations include unpaid overtime, incorrect salary calculations, illegal deductions, denial of breaks or rest days, excessive hours, failure to record working time, misclassification of your role or contract type, and noncompliance with a collective agreement. A lawyer can also help if you face retaliation after asserting your rights, if you need to recover wages from an insolvent employer, or if you must navigate strict deadlines for claims and the mandatory conciliation process before going to court.

Legal help is particularly valuable when evidence is complex, such as proving off the clock work, demonstrating that a collective agreement was misapplied, challenging abusive schedules or shift rotations, or quantifying night and weekend premiums. An attorney can calculate amounts due, prepare a conciliation filing, negotiate a settlement, and bring a case before the Social Court in Salamanca if needed.

Local Laws Overview

Primary sources. The Estatuto de los Trabajadores sets national baseline rules on wages, hours, overtime, rest, holidays, time records, and payslips. The Ley sobre Infracciones y Sanciones en el Orden Social sets fines for violations. The 2019 reform on daily time recording requires employers to keep accurate records of working time. Ley 10-2021 regulates telework. Collective bargaining agreements that apply in Salamanca can raise standards above the law.

Minimum wage. Spain sets an annual Salario Minimo Interprofesional. For 2024 it is 1,134 euros per month in 14 payments, which equals 15,876 euros per year. Many collective agreements set higher minimums by category or job group. Figures can change each year.

Working time. Ordinary hours are set at a maximum of 40 hours per week on average over the year. The ordinary daily limit is 9 hours unless a collective agreement distributes time differently while respecting mandatory rests. There must be at least 12 hours of rest between working days and a weekly rest of 1 and a half uninterrupted days, often arranged as 36 continuous hours.

Breaks. When the daily shift exceeds 6 hours, there is a minimum 15 minute break. For under 18s, at least 30 minutes if the shift exceeds 4 and a half hours. Whether the break is paid depends on the collective agreement or the contract.

Overtime. The maximum is 80 overtime hours per year, excluding hours compensated with time off within the legal period and excluding force majeure. Overtime for minors is prohibited. Overtime must be paid or compensated with time off as agreed, never below the value of the ordinary hour, and is often regulated in detail by the collective agreement.

Night and shift work. Night work generally runs between 22:00 and 06:00 and has special limits and may carry a premium if not offset by reduced hours. Night workers have stricter limits on average hours and enhanced health protections. Rotating shifts and Sunday or holiday work are often compensated according to the applicable collective agreement.

Part time work. Additional hours are tightly regulated and usually require a prior written pact. Limits on complementary hours and minimum notice apply, with specific percentages set by law and by collective agreement. Employers cannot use additional hours to exceed legal limits or to evade stable scheduling.

Time recording. Since 2019, employers must keep a daily record of the start and end of each employee’s working day, including overtime. Records must be kept for four years and be available to workers, their representatives, and inspectors. Off the clock work is unlawful.

Payslips and deductions. Employers must provide a detailed payslip each pay period showing base salary, supplements, overtime, premiums, and deductions for Social Security and income tax. Payment must be punctual and in the agreed form. Unjustified deductions are illegal.

Vacations and holidays. Paid annual leave is at least 30 calendar days, often expressed as 22 working days, and cannot be replaced with pay except on termination. There are 14 public holidays per year set nationally, regionally, and locally. Collective agreements often specify how holidays are scheduled.

Equal pay and transparency. Companies must maintain a pay register and ensure equal pay for equal work or work of equal value, addressing gender gaps and job classification accuracy. Larger companies have extra obligations on equality plans and pay audits.

Claims and enforcement. Wage claims generally have a one year limitation period. Before filing in the Social Court of Salamanca, you must usually submit a conciliation request to the regional mediation unit. The Labor Inspectorate can investigate violations and impose fines. For insolvent employers, FOGASA can guarantee certain unpaid wages and severance within legal caps.

Frequently Asked Questions

What minimum wage applies in Villares de la Reina

The national minimum wage applies. For 2024 it is 1,134 euros per month in 14 payments, which totals 15,876 euros annually. If your collective agreement sets higher minimums by category or job level, the higher amount applies. Annual updates are common, so check the current figure.

How many hours can I work and how is overtime limited

The ordinary limit is 40 hours per week on average over the year and 9 ordinary hours per day unless the collective agreement arranges distribution differently while respecting daily and weekly rest. Overtime is capped at 80 hours per year, excluding overtime compensated with time off within the legal period and force majeure. Minors cannot do overtime.

Do I have to accept overtime and how is it paid

Overtime must be voluntary unless otherwise set by collective agreement or to address emergencies. Compensation is either pay or equivalent paid time off as set by the collective agreement or your contract. The value can never be below the ordinary hour. Many agreements set a higher premium or specify when time off is used.

What breaks and rest periods am I entitled to

If your shift exceeds 6 hours, you are entitled to at least a 15 minute break. You must also have at least 12 hours between the end of one day and the start of the next and 1 and a half consecutive days of weekly rest, typically 36 hours. Under 18s get at least 30 minutes if the shift exceeds 4 and a half hours.

Does my employer have to record my working time

Yes. Employers must keep a daily record of the start and end of your working day, including overtime. They must keep these records for four years and make them available to you, your representatives, and the Labor Inspectorate. Requiring off the clock work or altering records is unlawful.

What if my payslip is wrong or my employer pays late

You can demand correction and payment of any shortfall. In a court claim for unpaid wages, default interest is typically 10 percent on amounts due. Keep your payslips, time records, bank statements, and any messages about schedules or approvals. If the issue is not resolved, start conciliation and consider legal action within the one year time limit for wage claims.

How do part time additional hours work

Additional or complementary hours on part time contracts require a prior written agreement and are subject to strict limits and minimum notice, often three days. The exact percentages and conditions are set by law and may be expanded or fine tuned by your collective agreement. You cannot be forced to exceed legal or agreed limits.

What are my rights for night work, shifts, weekends, and holidays

Night work has special health protections and limits, and may carry a premium if not offset by reduced hours. Work on Sundays or public holidays is generally voluntary and compensated or offset according to the collective agreement. Shift rotations must respect daily and weekly rest and any specific rules in the agreement.

How do I file a wage or hours claim in Salamanca

For most disputes you must first file a conciliation request with the regional mediation unit in Salamanca. If no agreement is reached, you can file a claim with the Social Court of Salamanca. Deadlines are strict. Wage claims generally expire after one year. Dismissal claims expire after 20 working days. A lawyer can draft the conciliation document and court claim and represent you.

What if my employer is insolvent and cannot pay

FOGASA, the Wage Guarantee Fund, can pay certain unpaid wages and severance within legal limits when the employer is insolvent or in insolvency proceedings. You must follow the formal claim process and provide the required court or insolvency documents. A lawyer can help quantify amounts and meet procedural requirements.

Additional Resources

Labor Inspectorate in Salamanca. The Inspeccion de Trabajo y Seguridad Social receives complaints about wage and time violations and conducts inspections.

Oficina Territorial de Trabajo de Salamanca. This regional office of the Junta de Castilla y Leon includes the mediation and conciliation unit for individual labor disputes.

Unidad de Mediacion, Arbitraje y Conciliacion in Salamanca. This is the usual first stop to present a conciliation request before going to the Social Court.

Juzgados de lo Social de Salamanca. Specialized labor courts handle wage and hour lawsuits after the conciliation step.

FOGASA Salamanca. The provincial unit of the Wage Guarantee Fund processes claims when employers are insolvent.

SERLA. The Servicio Regional de Relaciones Laborales in Castilla y Leon offers out of court mechanisms mainly for collective disputes.

Trade unions. Local branches of CCOO and UGT in Salamanca advise workers on collective agreements, claims, and representation.

Bar Association of Salamanca. The Ilustre Colegio de Abogados de Salamanca can help you find a labor law attorney and information about legal aid if you qualify.

Next Steps

Identify your applicable collective agreement. Ask your employer or consult worker representatives to confirm the sector or company agreement that covers you. Many rights on schedules, premiums, and overtime are specified there.

Gather documents. Collect contracts, addenda, schedule rosters, time records, emails or messages assigning work, payslips, bank statements, and any notices about telework or schedule changes. Keep your own detailed log if records are incomplete.

Quantify the claim. Calculate unpaid wages or hours month by month, applying the rates in your collective agreement. Include overtime, night or weekend premiums, holiday work, and any unpaid supplements. Note prescription dates because wage items older than one year may expire.

Seek legal advice early. A labor lawyer in Salamanca can check your calculations, assess evidence, and advise on strategy and settlement ranges. Early advice helps avoid missed deadlines and strengthens your position.

Start conciliation. File a conciliation request with the mediation unit in Salamanca. Bring your documents and a clear breakdown of amounts claimed. Many cases settle here. If no agreement is reached, you can proceed to court.

Protect yourself from retaliation. Assert your rights in writing, keep records of any adverse treatment, and consult a lawyer immediately if you face disciplinary action after making a wage complaint. Retaliation can be unlawful and may make a dismissal void.

Review telework and time recording. If you telework regularly, ensure you have a written remote work agreement and that expenses and time recording are handled correctly. Refuse off the clock work and report any manipulation of time records.

Note. Laws and the minimum wage can change, and each collective agreement is different. This guide is informational and not legal advice. For a precise assessment in Villares de la Reina or anywhere in Salamanca, consult a qualified labor lawyer.