Employment Law in Spain

[RPW]

Hi,

I've just found out I've been fired, so I need some help from anyone with experience with this in Spain.

The story goes:

1) I have a contrato indefinido.

2) Last year I joined a new start-up firm. Pay conditions-wise, they offered me a nomina, but also would supplement my income under the table ("UTT"), as it saved them money in social security payments. (I would have preferred it all above board.)

3) Cut to this year: 4 days before my August pay-day they told me of their desire to go fully legal. As this would affect my pay & contract, they gave me two options:

i) Have the UTT money be put through "officially"
ii) Have the UTT money put through my girlfriend's Autonoma account

I responded that so the first would be fine, but that, if the money couldn't be found to make up the difference, then a reduction of my working hours would be appreciated. (By going legal, I would incur a 25% reduction of my income.)

My boss didn't like this and insisted that I took the second option. I said no. And laid out my case why I wouldn't use my girlfriend's Autonoma account, detailing my position with regards to pay. And said that if my counter offer couldn't be accepted, he should give me other options to discuss.

4) On payday (August 29th) I received my nomina, and a message informing me that they were going legal as of August 1st, so I need to make a decision about my pay. I shot off a strongly worded email, telling them that I had worked through August under the impression that the old circumstances were in place, and that they owe me this money. He grudgingly paid the difference.

5) Between August 30th and yesterday, I'd been emailing my boss with requests for options with regards to the future changes in my contract. Each time he responded with demands that I go to Madrid for a meeting. I refused, stating that my position is in my emails and until he answered each of my questions we have nothing to talk about face to face. My Spanish isn't great, neither is his English, so I thought email would be the best medium for this discussion. The company works in English.

6) This morning (Sept 2nd) I couldn't access my work inbox. I wrote to them and asked if there was a problem with the server. 10 mins later my girlfriend gets an email stating that I've been fired because my emails were an offense to my boss. (I should point out that I never lowered myself to name calling or affronts. I made sure that my emails were "bland" and full of facts for him to respond to point by point.)

So, my question is, how best should I go forward with this? Do I have a leg to stand on in terms of defending myself?

Thanks a lot in advance

[mrypg9]

My first question is, as always in these situations: are you in a Union?

[RPW]

Originally Posted by mrypg9

My first question is, as always in these situations: are you in a Union?

That would be a no... I take it that this will hugely affect any options I have?

[mrypg9]

Originally Posted by RPW

That would be a no... I take it that this will hugely affect any options I have?

No, it won't affect your options. But you would have been able to get help, legal advice and representation in any proceedings or negotiations with your employer.

[RPW]

Originally Posted by mrypg9

No, it won't affect your options. But you would have been able to get help, legal advice and representation in any proceedings or negotiations with your employer.

True - I'm looking around for any sort of Ombudsman that may be able to mediate, but I'm not holding my breath. (There is a "Defensor del Pueblo", but I think that's aimed more at civil issues.)

[mrypg9]

Originally Posted by RPW

True - I'm looking around for any sort of Ombudsman that may be able to mediate, but I'm not holding my breath. (There is a "Defensor del Pueblo", but I think that's aimed more at civil issues.)

Pesky knows about these things. She'll give advice if she can. I think there is an organisation which can help.
It sounds as if your employer has been acting illegally both prior to and including your dismissal. You may have some 'leverage' over him. He may be counting on the fact that you are foreign and assume you are ignorant of your rights.
My advice: join a Union. Next time you'll have some sort of shield!

Originally Posted by mrypg9

No, it won't affect your options. But you would have been able to get help, legal advice and representation in any proceedings or negotiations with your employer.

If I were the OP, I'd still go to a union. I've been able to get help through UGT and ANPE through the past and I'm not affiliated.

[mrypg9]

Originally Posted by halydia

If I were the OP, I'd still go to a union. I've been able to get help through UGT and ANPE through the past and I'm not affiliated.

Yes, you're probably right. My Union helps non-members.
I'd prefer it if people joined before they hit trouble, though....
The Union Officers who give support and advice, as well as all the other services most Unions offer, such as training, have to be paid for and their pay comes via members' subscriptions.
To me, joining a Union/Professional Association (union under a 'posh' name) is as important as insuring your car and house.

[RPW]

Thanks both. I feel kind of sleazy for running to the AGT without making payments beforehand. Hopefully the discussion over my Finiquito will quieten any desire to do so.

I'll also wait to see what others have to say. I'd been warned about "empresarios" before, but I thought that they couldn't be that bad.

[mrypg9]

Originally Posted by RPW

Thanks both. I feel kind of sleazy for running to the AGT without making payments beforehand. Hopefully the discussion over my Finiquito will quieten any desire to do so.

I'll also wait to see what others have to say. I'd been warned about "empresarios" before, but I thought that they couldn't be that bad.

Don't feel bad....if you need to, go to the AGT, ask for advice ....and join up.
Then you'll feel more secure if you run into any difficulties in future.