Wage delays: when you can walk away from your job and still get compensation
Did you know you can leave your job and still claim compensation if your employer’s always late paying your wages? A change to Spanish labour law in April 2025 gives you new rights when your wages aren’t paid on time. Here’s when you can take action—and how to do it.
Since 3 April 2025, Organic Law 1/2025 has strengthened protection for workers in Spain who suffer delays or non-payment of their wages. This reform updates Article 50 of the Workers’ Statute, allowing employees to end their contract and claim compensation—as if they’d been unfairly dismissed—when their employer repeatedly fails to pay on time.
A “delay” is now clearly defined: if your employer pays your wage more than 15 days late, that’s a breach. If this happens in six separate months during your contract (they don’t need to be consecutive), or if you’re owed three full monthly wages in a year, you’re entitled to take legal steps to end the contract and claim your dues.
What does it mean for workers?
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You can claim the same compensation as for an unfair dismissal.
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You can leave your job and still be entitled to unemployment benefits.
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The courts will recognise that the breach is your employer’s fault—not yours.
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You get better protection if you’re financially vulnerable due to unpaid wages.
How do you go about it?
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Gather evidence of the breach: unpaid payslips, bank records, emails, etc.
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Speak to a legal advisor to assess your case and draft the claim.
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File the claim at the labour court, requesting the termination of the contract.
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Keep working until the judge rules, unless there's an agreement to suspend duties.
This reform gives workers a much clearer and stronger legal route to defend their rights in cases of non-payment. At the same time, it forces employers to take payroll seriously—any ongoing delays can now mean losing the employee and facing costly compensation. For small businesses and self-employed employers, this law means it’s more important than ever to stay on top of payroll and finances—mistakes now carry direct legal risks.
Conclusion
The revision of Article 50 is a major step in protecting workers’ pay rights. It sets clear rules for wage breaches and pushes companies to act with more discipline. A necessary change to ensure trust and stability in working relationships.
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