Use this unpaid wages guide to build a clear demand letter for Las Palmas.
Recovering Unpaid Wages in Las Palmas de Gran Canaria, Spain
Workers in Las Palmas de Gran Canaria facing unpaid wages, withheld bonuses, or denied entitlements have strong legal protections under Spanish labor law. Whether you work in tourism and hospitality, port services, commerce, services, or any sector across the Las Palmas 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 (extra payments), and all forms of compensation owed to workers. These protections apply equally to all workers regardless of nationality.
The Canary Islands have a significant tourism-based economy, creating particular wage scenarios. Hotels, restaurants, tourist services, and related industries employ a large portion of the workforce, often with seasonal patterns. Port operations in Las Palmas also provide substantial employment. Specific collective agreements (convenios colectivos) for these sectors establish wage scales and conditions that may exceed minimum legal requirements.
Common wage issues include late or unpaid salaries, withheld holiday pay, unpaid pagas extra, uncompensated overtime, unauthorized deductions, and missing payslips. Seasonal workers and those in tourism face particular vulnerabilities during off-peak periods.
The Inspección de Trabajo and Juzgados de lo Social provide accessible dispute resolution. This guide explains your rights and the recovery process specific to the Canary Islands labor market.
Spanish Laws Protecting Worker Wages in Las Palmas
Spanish labor law provides comprehensive protections for workers' wages and compensation.
Estatuto de los Trabajadores (Workers' Statute) is the primary employment law. Key wage provisions include: Article 4 establishing the right to timely, complete payment; Article 26 defining wages and permitted deductions; Article 29 requiring monthly payment; and Article 31 governing overtime compensation.
Wage Payment Requirements: Wages must be paid monthly or per the agreed shorter period. Payment must be in euros. Employers must provide a nómina (payslip) with clear breakdown of earnings and deductions. All components of salary must be itemized.
Salario Mínimo Interprofesional (SMI): The minimum wage is €1,134 per month based on 14 payments (equivalent to €15,876 annually). This applies to all workers regardless of sector. Collective agreements often establish higher minimums.
Pagas Extraordinarias: Workers are entitled to at least two extra payments (pagas extra) per year, typically in summer (usually July) and at Christmas (usually December). These are full monthly salaries unless prorated for partial years. Many collective agreements provide for more.
Overtime Compensation: Overtime cannot exceed 80 hours annually (unless for emergency prevention). It must be compensated either with increased pay (minimum 75% premium in many agreements) or equivalent time off. Employers cannot force overtime beyond legal limits.
Holiday Pay: Workers are entitled to 30 calendar days of paid vacation minimum. Holiday pay must include regular wages and regular supplements.
Interest on Late Wages: Article 29.3 provides for 10% annual interest on late wage payments. This interest accrues automatically from the date payment was due.
Wage Preference (Preferential Credit): Unpaid wages have preferential status in employer insolvency. Through FOGASA (Fondo de Garantía Salarial), workers can recover wages even if employers become insolvent, up to limits.
Canarian Collective Agreements: The convenio colectivo de hostelería de la provincia de Las Palmas and other sector-specific agreements establish wages and conditions for tourism, commerce, and other industries. These agreements often exceed minimum legal requirements.
Seasonal Worker Protections: Seasonal workers (fijos discontinuos) have the same wage rights as permanent workers for the periods they work. Seasonal status doesn't reduce wage protections.
Step-by-Step Guide to Recovering Unpaid Wages in Las Palmas
Recovering unpaid wages involves the Spanish labor law system, which is designed to be accessible to workers.
Before taking action, gather comprehensive documentation. Collect your employment contract showing agreed salary and conditions. Gather all payslips (nóminas) you've received. Obtain bank statements showing actual payments received. Record hours worked, especially any overtime. Note any unpaid periods or missing components.
Identify which collective agreement applies to your work. Tourism and hospitality workers in Las Palmas have sector-specific agreements. Commerce, port services, and other sectors have their own agreements. The convenio may establish higher wages than your contract or national minimum.
Determine the complete amount owed. Include unpaid base salary, prorated or unpaid pagas extra, overtime compensation, holiday pay if unpaid, any other contractual entitlements, and 10% interest on late payments.
Send a formal written demand via burofax. Include specific amounts owed with calculations, legal basis for the claim (Estatuto de los Trabajadores, convenio colectivo), deadline for payment (10-15 days), and warning of formal legal action if not resolved.
If the employer doesn't respond, file a complaint with the Inspección de Trabajo y Seguridad Social. They investigate wage violations, can demand payment from employers, and impose fines for violations. This process is free and often effective.
Before court action, you must attempt conciliation through the Servicio de Mediación, Arbitraje y Conciliación (SMAC). File a papeleta de conciliación. A hearing is scheduled within 15 working days. The employer must attend. Many cases settle at this stage.
If conciliation fails, file a demanda (lawsuit) at the Juzgados de lo Social de Las Palmas. You don't need a lawyer for labor claims. There are no court fees for workers. Present your evidence and arguments at the hearing.
Attend the hearing prepared with all documentation. Present your evidence clearly. The judge typically issues a judgment within days. Favorable judgments order the employer to pay wages plus interest.
If the employer doesn't pay voluntarily, request enforcement. If the employer is insolvent, claim through FOGASA, which guarantees wages up to limits (120 days of salary at maximum double SMI).
Essential Evidence for Las Palmas Wage Claims
Strong documentation is crucial for successful wage claims.
Employment Contract
Your contract is fundamental evidence. It should show agreed salary, working hours, job category, any bonuses or supplements, and reference to applicable convenio colectivo.
Payslips (Nóminas)
Collect all payslips you've received. They show what was supposed to be paid, actual amounts received, deductions made, and periods covered. Compare payslips to your contract and to actual payments.
Bank Statements
Bank records provide independent proof of payments received. They show actual amounts deposited, payment dates (to prove delays), and gaps in payments. Banks can provide historical statements if needed.
Hours Worked Records
Document your actual working hours. Keep personal records of hours worked. Save any timesheets or clock records. Note overtime specifically. Record any unpaid training time or preparation.
Applicable Convenio Colectivo
Obtain the collective agreement for your sector. It establishes minimum wages by category, overtime rates, pagas extra timing, and other entitlements. Compare your pay to convenio minimums.
Correspondence
Maintain all communications about wages. Save emails or messages requesting payment. Keep burofax certificates and responses. Document verbal conversations with dates and content.
Witness Information
Colleagues who can confirm your hours, conditions, or non-payment are valuable. Note names and contact information. Their testimony can corroborate your account.
Calculations
Prepare clear calculations showing exactly what's owed. Break down by component (base, overtime, pagas, etc.). Show the basis for each calculation. Include 10% interest from due dates.
Organize all evidence chronologically and bring copies to every proceeding.
Critical Deadlines for Las Palmas Wage Claims
Spanish labor law imposes strict timeframes for wage claims.
One-Year Limitation Period
The critical deadline: you must claim unpaid wages within one year of when they were due. After one year, claims become time-barred. This applies to each payment individually—older unpaid wages may be lost while recent ones remain claimable.
Monthly Payment Due Date
Wages are due monthly by the date established in your contract or custom. If no date is specified, wages are due at month end. The 10% interest begins from this due date.
Pagas Extraordinarias Timing
Pagas extra are typically due in July and December, though exact dates vary by convenio or contract. Interest accrues from these due dates if unpaid.
Inspección de Trabajo
No formal deadline to file, but it must be within the one-year limitation period. Earlier filing is better while evidence is fresh and the employer is accessible.
SMAC Conciliation Effect
Filing the papeleta de conciliación suspends the limitation period. This is important if you're approaching the one-year deadline. The suspension continues until conciliation concludes.
Court Filing After Conciliation
After conciliation fails (or succeeds but isn't honored), you have 20 working days to file your court claim. This deadline is strict.
FOGASA Claims
If pursuing FOGASA for insolvent employer, you have one year from the court judgment establishing the debt. Don't wait—file promptly after judgment.
Evidence Preservation
Save all documentation immediately. Employers may destroy records. Colleagues may leave. Digital evidence may become inaccessible. Prompt preservation protects your claim.
Common Mistakes in Las Palmas Wage Claims
Workers often weaken their claims through avoidable errors.
Missing the One-Year Deadline
The limitation period is unforgiving. Workers who delay lose their claims entirely. Track when each payment was due and ensure you claim within one year of the oldest unpaid amount.
Not Keeping Payslips
Payslips are crucial evidence. Request copies if you don't have them. Employers must maintain payroll records. Save every nómina you receive going forward.
Not Sending Formal Written Demand
Verbal complaints are hard to prove. Always send a burofax for important wage demands. The dated, certified record is essential for legal proceedings.
Not Checking the Convenio Colectivo
Many workers are paid below convenio rates without knowing it. Check your applicable collective agreement. You may be owed more than you realize, especially for overtime or pagas.
Not Using the Inspección de Trabajo
The labor inspectorate is free and effective. Many workers go straight to court when an inspection might resolve the matter faster. Try the Inspección first.
Skipping SMAC Conciliation
Conciliation is mandatory before court. Claims filed without attempting SMAC are rejected. The process also gives employers a final chance to pay, resolving many cases.
Not Calculating Interest
The 10% annual interest is your right. Include it in all claims. It accumulates from when each payment was due. For long-standing debts, interest can be substantial.
Seasonal Workers Not Claiming
Seasonal workers sometimes accept non-payment during off-periods. Your wage rights for worked periods are identical to permanent staff. Don't forfeit valid claims.
Quitting Before Documenting
If possible, gather all documentation before leaving employment. Access to records may be difficult after departure. Secure copies of contracts, payslips, and schedules.
Frequently Asked Questions About Las Palmas Wage Claims
The SMI is €1,134 per month based on 14 payments (€15,876 annually). Your applicable convenio colectivo may establish higher minimums for your job category.
One year from when each payment was due. This deadline is strict. Filing SMAC conciliation suspends the limitation period.
Two extra payments per year, typically in July and December, equivalent to a full month's salary each. Many convenios provide for more. They are legally required.
10% annual interest accrues automatically from when wages were due. Include this in all claims.
No. Workers can self-represent in labor courts (Juzgados de lo Social). There are no court fees for workers. However, you can hire a lawyer or union representative if you prefer.
Mandatory pre-court mediation through the labor conciliation service. You file a papeleta, attend a hearing, and attempt settlement. Many cases resolve here without needing court.
FOGASA (Fondo de Garantía Salarial) guarantees wages up to 120 days' salary at maximum double SMI. File a FOGASA claim after obtaining a court judgment.
Yes. Seasonal workers (fijos discontinuos) have identical wage rights for the periods they work. Seasonal status doesn't reduce protections.
What to Expect in Las Palmas Wage Claims
Understanding realistic outcomes helps you navigate the wage recovery process.
Wage claims typically resolve through one of four paths: employer payment after formal demand, Inspección de Trabajo intervention, SMAC conciliation agreement, or court judgment. Earlier resolution is generally faster.
Many employers pay when they receive a formal burofax demonstrating you're serious. They want to avoid inspections, fines, and court proceedings. Clear, well-documented demands often succeed.
Conciliation has a high success rate. The formal setting motivates settlement. Employers face legal proceedings if they don't engage. Agreements reached at SMAC are binding and enforceable.
Labor courts can award: all unpaid wages, pagas extra and other entitlements, overtime compensation, 10% interest from due dates, and enforcement mechanisms if not paid.
Direct payment after demand: 2-4 weeks. Inspección de Trabajo: 1-3 months. SMAC conciliation: 15-30 days after filing. Court judgment: 2-6 months. FOGASA if needed: 2-4 months after judgment.
If the employer is insolvent, FOGASA typically pays within a few months of a valid claim. Limits apply (120 days' salary at maximum double SMI), but this provides meaningful protection.
Claims succeed based on: complete documentation of amounts owed, prompt action within limitation periods, proper calculation including interest, and following correct procedures (SMAC before court).
Las Palmas Wage Recovery Resources
Several organizations can assist with wage claims in Las Palmas.
Inspección de Trabajo y Seguridad Social
Labor inspectorate investigating wage violations. File complaints online at sede.mites.gob.es or in person. Free service that can compel employer compliance.
SMAC - Servicio de Mediación, Arbitraje y Conciliación
Pre-court conciliation service for labor disputes. Part of the Gobierno de Canarias labor services. Mandatory before court action.
Juzgados de lo Social de Las Palmas
Labor courts handling wage claims. Located in the Las Palmas judicial district. No lawyer required, no fees for workers.
FOGASA - Fondo de Garantía Salarial
Wage guarantee fund for insolvent employers. Website: fogasa.gob.es. Guarantees wages up to limits when employers can't pay.
Sindicatos (Trade Unions)
CCOO (Comisiones Obreras) and UGT (Unión General de Trabajadores) provide free advice and representation. Strong presence in Las Palmas given tourism and port employment. Can assist with claims and negotiations.
Colegio de Abogados de Las Palmas
Bar association providing lawyer referrals. Can find attorneys specializing in labor law. Many offer free consultations.
Justicia Gratuita
Free legal aid for qualifying individuals. Apply through the Colegio de Abogados. Covers legal representation if you prefer not to self-represent.
Gobierno de Canarias - Trabajo
Regional labor services and information. Website: gobiernodecanarias.org. Provides guidance on worker rights in the Canary Islands.
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.
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