Hi everyone,

Firstly, I’m sorry if this is posted in the wrong section of the forum, but I wasn’t sure where to put it. 

I would be grateful if anyone could give me any advice or share any first-hand experience they may have of a similar situation such as the one I’m in at the moment.  I’m going to get some legal advice about it in January when all the festivities are over (I can’t get an appointment to see anyone till then), but in the meantime, I wondered if anyone could help.

I will try to be as brief as possible.

I work for an English employer in Spain and I have a part-time (10 hours per week) indefinido contract with them - I have worked for my current employer for over four years. 

Recently, due to a downturn in trade (I work as a cook), my employers have not been able to pay me, so have simply told me not to bother coming in.  I am currently down 16 hours in wages with no prospect of making up the time, or of course, the wages I am owed.  Some of the hours in question relate to public holidays (one of which was Christmas day).

I have discussed the situation with two of my employers (there are four), both of whom have told me that there’s nothing they can do about it because trade is so slow.  They even seemed surprised that I asked for the opportunity to make up the time when business picks up.  Incidentally, their daughters also work there and their hours haven’t been cut at all!

I should say that there is one other member of staff in the same position as me.

I know that money is tight for my employers and I have tried to be understanding of their situation.  However, their financial circumstances should not be my concern.  I don’t mean to sound harsh, but that’s what it comes down to.

I’d like to know what my legal rights are on a part-time contract.  I know that an infefinido contract is a good thing to have, but the way my employers are behaving, you wouldn’t think so.

Also, I recently had sciatica and was off work for five weeks.  I was not paid during this time. 

Having never taken any sick leave from work since I’ve lived in Spain (11 years), I have no idea what the procedure is regarding sick pay.  Nonetheless, at the request of my employer, I submitted the relevant notes, signing me off and back on again.  I went back to work in October and I haven’t seen any sick pay yet.  Does anyone know the score regarding this also please?

To conclude, I will say that I believe that my employers would like me to leave of my own accord, as that would be one less problem they have to deal with.  I won’t though.

I would be really grateful for any advice.

Thanks so much,

Sherrie