Being made to pay for terminating a job contract
Posted: 12 February 2011 02:35 AM  
Tourist
Rank
Total Posts:  3
Joined  2011-02-12

Hi everyone

I’ve been in Spain for two years and it’s had its ups and downs but I’m a fighter and I always get through the difficulties.  However this time I’m shocked!!!!  I could do with your help please.  The details are as follows:

*  I have been working for an English academy for 4 months.
*  Payment of salary should have been between 1st and 5th of the month.
*  1st month of salary paid well. (November)
*  2nd month of salary paid 60% (on 15th of month) then 40% (on 20th of month). (Christmas)
*  Hours reduced.
*  3rd month of salary paid 80% (around 15th of month) then 20% (on 20th of month). (January)
*  4th month of salary paid 100% on correct day. (February)
*  Found new job that needs me to start on Monday.  Offered 2 weeks notice but had to reduce hours to complete.
*  1 day after giving notice - boss terminates my contract.
*  2 days after giving notice - boss informs me that as I haven’t given 2 weeks notice they can retain the payment from the
  hours I have worked.
*  Boss offered that although he has made no arrangements for me to work, I can work my normal hours and ask my new  
  employer if I can have the time to complete the hours.
*  new employer paying 4 times more and better conditions.

I have responsibilities of housing, electricity etc together with looking after my 11 year old.  I had to work on the best options for us.  Because of my boss’s irresponsibility with payment of salary, I now have to leave my flat at the end of the month.  In itself, this is not a problem because I want to move closer to my new job, but I have to find the money for the rent here and the new rent, fianza (possible agency fees).  So hopefully you can see my predicament and point me in the right direction.

Ex-pat forum, you have been so good and helpful to me before, please don’t let me down now.  What are my legal obligations and what help can I get from anywhere?

A long question I know, so even if you can’t help, thanks for reading.

Regards and enjoy Spanish living, because no matter how bad things get, we still try.

Jayne

Profile
 
Posted: 24 July 2011 05:03 PM   [ # 1 ]  
Expatriator
RankRankRankRank
Total Posts:  682
Joined  2007-11-01

Hi Jayne,
How awful!

I know there exists a ‘workers union’ (sorry I do not have the spanish name.)

Basically they are like CAB and you can go to them for any work related issue. They offer you full advice (possibly free?) and help you get your employer to behave correctly.

Please let us know if you get in touch with the workers union and how it turns out.

(I went for advice to a private Agogado Laboral - Employment lawyer regarding my last employer.  They were very happy to take on my case for a 10% fee of any monies gained.  I have been told this was a very good rate (some asking as much as 25% of monies received.)  Thankfully I sorted the matter out myself, but think the threat of a lawer made the co act according to the law. 

Kind regards,
SJ

Profile