Use this unpaid wages guide to build a clear demand letter for Bilbao.
Recovering Unpaid Wages in Bilbao, Spain
Workers in Bilbao facing unpaid wages, withheld bonuses, or denied entitlements have strong legal protections under Spanish labor law. Whether you work in manufacturing, services, finance, technology, or any sector across the Bilbao metropolitan area, Spanish law provides clear mechanisms for recovering owed compensation.
Spanish labor law through the Estatuto de los Trabajadores establishes comprehensive worker protections. The law covers wages, overtime, holiday pay, pagas extraordinarias, and all compensation.
Common wage issues include late or unpaid salaries, withheld holiday pay, unpaid pagas extra, uncompensated overtime, unauthorized deductions, and missing payslips. Bilbao's diverse economy creates various employment scenarios.
The Inspección de Trabajo and Juzgados de lo Social provide accessible dispute resolution. This guide explains your rights and the recovery process.
Spanish Laws Protecting Worker Wages in Bilbao
Spanish labor law provides comprehensive protections.
Estatuto de los Trabajadores:
- Article 4: Timely payment
- Article 26: Wages, deductions
- Article 29: Payment timing
- Article 31: Overtime
Wage Requirements:
- Monthly payment
- Euros
- Nómina required
- Clear breakdown
Minimum Wage: SMI €1,134/month (14 payments), €15,876 annually.
Pagas Extraordinarias: At least two per year.
Overtime: Maximum 80 hours. Compensated with pay or time.
Holiday: 30 days minimum.
Interest: 10% on late payments.
Preferential Credit: Unpaid wages preferential. FOGASA guarantees.
Convenios Colectivos: Basque sector agreements may provide enhanced protections. Metal and services have specific convenios.
Step-by-Step Guide to Recovering Unpaid Wages in Bilbao
Recovering involves labor law system.
Contract, payslips, bank statements, hours records, overtime.
Identify collective agreement.
Base, pagas, overtime, holiday, other.
Burofax: amounts, legal basis, deadline (10-15 days).
Labor Inspectorate investigates, demands, fines. Free.
File papeleta. Hearing within 15 days.
If conciliation fails, file demanda. No lawyer required. No fees.
Present evidence. Judgment within days.
If doesn't pay: enforcement. If insolvent: FOGASA.
Essential Evidence for Bilbao Wage Claims
Documentation crucial.
Contract
Salary, hours, bonuses, convenio.
Payslips
Payments, deductions, discrepancies.
Bank Statements
Amounts, dates, gaps.
Hours Records
Timesheets, schedules, overtime.
Convenio
Wage scales, pagas, rates.
Correspondence
Requests, responses, burofax.
Witnesses
Colleagues confirming.
Calculations
Breakdown with legal basis.
Organize chronologically.
Critical Deadlines for Bilbao Wage Claims
Strict timeframes.
Wage Claim (One Year)
Must file within one year.
Monthly Payment
Due monthly. Delay triggers 10% interest.
Pagas
Summer and Christmas.
Inspección
No formal deadline. One-year limit applies.
SMAC
File papeleta. Suspends limitation.
Court
After conciliation: 20 working days.
FOGASA
One year from judgment.
Evidence
Save immediately.
Common Mistakes in Bilbao Wage Claims
Workers weaken claims.
Missing Deadline
One year strict.
Not Keeping Payslips
Keep all.
Not Using Burofax
For formal demands.
Not Checking Convenio
Check agreement.
Not Filing Inspección
Free and effective.
Skipping SMAC
Mandatory.
Not Calculating
Include all plus 10% interest.
Accepting Without Advice
Get advice first.
Frequently Asked Questions About Bilbao Wage Claims
SMI €1,134/month (14 payments).
One year. SMAC suspends.
Two extra payments per year.
Yes. 10%.
No. Can self-represent.
Mandatory conciliation. File papeleta.
FOGASA guarantees up to 120 days.
Investigates, orders payment, fines.
What to Expect in Bilbao Wage Claims
Understanding outcomes helps.
Employer payment, Inspección, SMAC, court.
Many pay when formal claim arrives.
High success rate. Binding.
Wages, interest, pagas, overtime.
Direct: 2-4 weeks. Inspección: 1-3 months. SMAC: 15-30 days. Court: 2-6 months.
If insolvent: 2-4 months.
Documentation, prompt action, calculation.
Bilbao Wage Recovery Resources
Resources for disputes.
Inspección de Trabajo
File complaints. Website: mites.gob.es
SMAC Bizkaia
Conciliation. Gobierno Vasco.
Juzgados de lo Social de Bilbao
Labor courts.
FOGASA
Wage guarantee. Website: fogasa.gob.es
Unions
ELA-STV, LAB, CCOO, UGT provide support.
Colegio de Abogados del Señorío de Bizkaia
Lawyer referrals.
Justicia Gratuita
Free legal aid.
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.