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 follow Spain-wide labor law and the applicable sector or company collective bargaining agreement known as convenio colectivo. The Estatuto de los Trabajadores sets the baseline on pay periods, work hours, overtime, breaks, rest days, paid holidays, and annual leave. Your convenio in Salamanca province or at your workplace can improve those rights and usually contains the wage tables and specific premiums that apply to your job category. Municipalities do not pass their own wage rules, but local public holidays and work calendars approved each year in Castilla y León and in Villares de la Reina affect scheduling and pay supplements.

Employees must receive itemized payslips, be registered with Social Security, and have their working time recorded each day. The national minimum wage known as Salario Mínimo Interprofesional applies as a floor, and most workers are paid under higher convenio wage tables. Disputes are addressed first through mandatory conciliation at the Servicio de Mediación, Arbitraje y Conciliación in Salamanca, and then at the Juzgado de lo Social if no agreement is reached.

Why You May Need a Lawyer

Many people seek legal help when their pay or hours do not match the law or their convenio. Common triggers include unpaid overtime or night work, incorrect wage category or pay scale under the convenio, lack of daily time records, irregular scheduling without required notice, or denial of the minimum break during long shifts. Lawyers are also helpful when wages are delayed, the company is insolvent and FOGASA may be involved, your employer prorates extra payments incorrectly, or you are asked to sign a finiquito or settlement you do not fully understand.

Other situations that benefit from legal advice include working on Sundays or public holidays without proper compensation, remote work without reimbursement of agreed expenses, changes to hours or shift patterns that affect family reconciliation rights, false self-employment such as being forced to register as autónomo, and platform work where the Riders Law may apply. A lawyer can identify the right convenio, calculate what you are owed, preserve evidence, negotiate at the SMAC in Salamanca, and file claims within strict deadlines.

Local Laws Overview

National framework. The Estatuto de los Trabajadores sets core rules. The legal maximum is 40 hours per week on average over the reference period. Daily work may not exceed 9 hours unless otherwise arranged by convenio or agreement that respects rest times. There must be at least 12 hours of rest between shifts and a weekly rest of 1.5 uninterrupted days that can be accumulated. When a continuous shift exceeds 6 hours there is a minimum 15 minute break for adults and 30 minutes if the worker is under 18 when the continuous shift exceeds 4.5 hours. Annual paid leave is at least 30 calendar days and cannot be replaced by money except on termination.

Minimum wage and extra payments. Spain sets a national SMI each year. In 2024 the SMI is 1,134 euros per month in 14 payments. Many workers receive 14 payments per year with two extra pays typically in summer and at Christmas unless lawfully prorated into 12 monthly payments. Your convenio usually sets higher wages and specific supplements such as for shift work, toxic or dangerous work, or language skills.

Overtime and limits. Overtime has a general cap of 80 hours per year, not counting overtime compensated with equivalent paid rest or required for force majeure. The rate for overtime is set by convenio or contract and may be compensated with time off. Part-time employees can agree complementary hours within legal limits and can perform overtime only for force majeure. Night work is work performed between 22:00 and 06:00 and carries special protections and often a premium set by the convenio.

Time recording. Employers must keep a daily record of the working day start and end for each employee, including full-time staff. Records must be kept for 4 years and be accessible to workers, representatives, and the Labor Inspectorate. Failure to keep reliable records can lead to sanctions and helps prove overtime claims.

Equal pay and transparency. Companies must keep a salary register showing average pay disaggregated by sex and category. Many companies must also implement equality plans. Pay discrimination is prohibited and can be challenged with back pay and penalties.

Remote work. Remote or telework requires a written agreement and compensation for expenses as set by law and the convenio. Workers have the right to digital disconnection and to have working time respected.

Public holidays and local calendars. Spain sets national and regional holidays. Castilla y León approves regional holidays and Villares de la Reina sets local festivos each year, which affect scheduling, required rest, and in some cases premiums or compensatory time according to the convenio.

Procedures and enforcement in Salamanca. Most wage and hour claims require a prior conciliation attempt by filing a papeleta de conciliación with the SMAC in Salamanca. If there is no agreement, the claim proceeds to the Labor Court. You can also file a complaint with the Inspección Provincial de Trabajo y Seguridad Social de Salamanca. FOGASA may guarantee part of unpaid wages and severance if the employer is insolvent or in insolvency proceedings.

Deadlines to act. Wage claims generally expire after 1 year from when each amount became due. Dismissal challenges must be filed within 20 working days. Do not wait because missing a deadline can end your claim.

Frequently Asked Questions

What is the minimum wage and how do the 14 payments work

Spain sets a national minimum wage each year. In 2024 it is 1,134 euros per month in 14 payments which equals 15,876 euros per year. If your company pays in 12 installments the equivalent monthly amount is higher because it includes prorated extras. Many convenios set higher pay scales than the SMI, so your actual minimum is often the convenio wage table for your category in Salamanca. Always check the current year because the SMI can change.

How many hours can I be scheduled to work and what breaks and rest must I receive

The legal maximum is 40 hours per week on average. Daily work generally cannot exceed 9 hours unless a different distribution is agreed that respects rest. You must have at least 12 hours between shifts and at least 1.5 consecutive days off each week. If your continuous shift exceeds 6 hours you are entitled to at least a 15 minute break. Minors have stricter limits and a longer break. Convenios often improve these minimums.

How is overtime paid and how many overtime hours are allowed

Overtime is capped at 80 hours per year, excluding hours compensated with equivalent paid time off or required by force majeure. The price of overtime or the compensatory rest is set by your convenio or contract, but it can never be paid below the value of an ordinary hour. Overtime worked at night, on Sundays, or on holidays may have higher premiums if the convenio provides for them.

Do I have to clock in and out and what if my employer refuses to keep records

Yes. All companies must keep a daily record of each employee's working day with start and end time. If your employer does not keep or share records, you can request access. Lack of records can be sanctioned by the Labor Inspectorate and courts may rely on worker evidence such as messages, emails, schedules, or witness testimony to assess hours worked.

Does travel time count as working time

It depends. Travel during the workday between work sites usually counts as working time. Commuting from home to your usual workplace generally does not. For mobile workers without a fixed center, travel to the first client and back from the last client may count as working time under case law. Check your convenio and specific duties.

Am I entitled to extra pay for night shifts, Sundays, or public holidays

Night work carries special protections and many convenios provide a night premium. Work on Sundays or public holidays is often compensated with a premium or with equivalent rest according to the convenio. There is no single statutory premium amount for all sectors, so the applicable convenio in Salamanca is key.

What can I do if my wages are paid late or not paid

You can claim the amounts due with a 1 year limitation period for each installment. Serious and persistent non-payment or delays can allow you to request termination with severance under Article 50 of the Estatuto de los Trabajadores. If the company is insolvent, FOGASA may cover part of the unpaid wages up to legal limits. Filing at the SMAC in Salamanca is generally the first procedural step.

Can I be retaliated against for claiming overtime or reporting violations

No. Retaliation for exercising labor rights is prohibited. Disciplinary action or dismissal for claiming wages, for requesting the time record, or for reporting to the Inspectorate can be declared null with reinstatement and back pay if linked to fundamental rights. Seek legal advice immediately because dismissal challenges have a 20 working day deadline.

Which convenio applies to me in Villares de la Reina and why does it matter

The applicable convenio depends on your sector or company and the scope set in the agreement. Many workers in Villares de la Reina are covered by provincial sector convenios for Salamanca such as hospitality, commerce, or construction, or by a company-level convenio. The convenio sets wage tables, categories, supplements, schedules, and procedures, so identifying it correctly is essential to calculate what you are owed.

How long do I have to claim unpaid overtime or differences in category pay

Most wage items including overtime and category differences expire after 1 year from when each amount became due. The clock runs month by month. Interrupting the limitation by filing a SMAC claim or a court action can preserve your rights. Do not wait, gather records, and get legal help to quantify and file in time.

Additional Resources

Inspección Provincial de Trabajo y Seguridad Social de Salamanca. Receives complaints, inspects companies, and can impose sanctions for wage and hour violations. Complaints can be submitted in person or electronically and your identity is protected in the procedure.

Servicio de Mediación, Arbitraje y Conciliación de Salamanca known as SMAC. Mandatory first step for most wage claims. A meeting is scheduled to try to reach a settlement before going to court.

Juzgados de lo Social de Salamanca. Specialized labor courts that decide wage, overtime, category, and other employment disputes when conciliation fails.

Oficina Territorial de Trabajo de Salamanca at the Junta de Castilla y León. Provides information on collective agreements, labor procedures, and the official working calendar.

FOGASA Fondo de Garantía Salarial Salamanca. Public fund that guarantees part of unpaid wages and severance when the employer is insolvent or in insolvency proceedings.

SEPE Servicio Público de Empleo Estatal. Information on contracts, benefits, and contributions, which can be relevant when checking registration and pay issues.

Ilustre Colegio de Abogados de Salamanca. Lawyer referral and information about legal aid known as justicia gratuita for those who qualify.

Trade unions in Salamanca such as CCOO and UGT. Advice, representation, and help identifying the right convenio and preparing claims.

Ayuntamiento de Villares de la Reina. Publishes local public holidays that affect schedules and pay under your convenio.

Next Steps

Identify your convenio. Check your contract, payslips, company notices, or ask HR to confirm the sector or company agreement that applies in Salamanca. The convenio will determine wage tables and supplements.

Gather documents. Keep copies of contracts, annexes, payslips, bank transfers, schedules, messages that show hours worked, and any time records. If the employer does not provide time records, keep your own detailed log noting dates, start and end times, breaks, and witnesses.

Calculate amounts. Compare your actual pay and hours with the convenio wage table and rules on overtime, nights, holidays, and supplements. Include extra payments such as the summer and Christmas pays if not correctly paid or prorated.

Act within deadlines. Most wage items have a 1 year limitation from the due date. Prepare and file a papeleta de conciliación at the SMAC in Salamanca to interrupt limitation and attempt a settlement. If there is no agreement, file a claim at the Juzgado de lo Social.

Consider parallel actions. If there are systemic breaches such as no time records or widespread unpaid overtime, file a complaint with the Labor Inspectorate in Salamanca. If the company shows signs of insolvency, document it and ask about FOGASA coverage early.

Do not sign without advice. Before signing a finiquito or any settlement, have a lawyer review it. Signing can waive claims. You have the right to be assisted at the SMAC and to request the presence of a representative.

Seek legal help. A labor lawyer in Salamanca can verify the correct convenio, quantify your claim, prepare evidence, represent you at conciliation and court, and protect you against retaliation. If you meet income and merits thresholds, ask about legal aid.

Take care of timing and communication. Send written requests for documents or corrections and keep proof of delivery. Be clear and concise, and avoid confrontations that could be mischaracterized as misconduct. Your goal is to resolve the wage issue efficiently and lawfully.