Can I make a denuncia against my ex-employer for outstanding holiday pay ?

TenerifeTD · 10th November 2006, 16:29

Are you all sitting comfortably? Then I'll begin!

<Takes deep breath>

I was employed on contract for just less than 2 years at a Parafamacia (I started on Dec 22nd 2004 and was finally presented with my first contract on 2nd March 2005).

It was part-time work. The business was owned by her husband (I'll call him "Y"), but she (The lady who employed me - I'll call her "E") ran the shop. E said she would put me down for a part-time contract for 20 hours, but she would "look after me" as she really wanted me to work 32 hours a week. my weekly wage was 125€ a week (works out to about 3.90€ an hour which I realised later was just scraping the basic wage!)

I hardly had any time off in my time there, as it was always "more difficult" for her to allow me the time off (E has 3 children and her, Y's and the kids needs were FAR greater than mine - ok she had a valid point most of the time, but I think she abused it more and more as time went on)

I accumulated 27.6 days as stated in my 1st years worth of contracts (I was given a 3 month, then another 3 month then 6 months that "automatically" - is that right? - turned into a permanant contract), but only took a maximum of 20 days, so that meant I had at least 7.6 days to take. I asked her what I should do about the spare days. E told me that she would "sort it out" with me at some other point. At that time, I was beginning to feel more uneasy about whether it would ever be sorted out, and so started looking for another job.

I finally decided to leave on the 15th August, giving in my notice on the 1st of August. As it happens, E found a new person to start my job on the 15th, so I finished on the 14th August. I worked out the balance of my holiday that had accrued (which amounted to nearly 17 days) and submitted it to E to pass on to her Gestor.

E paid me for hours worked up to when I finished, but I'm still waiting for her to pay me for any holiday that accrued and I feel that she owes me - am I correct in thinking this?? She claims that - up until now, she hasn't any money, and when I contacted her today, she says she still has no money as she is going through a divorce with Y. I told her that regardless, she still owes me money.

Now am I going completely mad, or have I got any rights at all? Could I ask her for the same value in stock in lieu of what she owes me if she has "no money"? Or is it better that I go through the legal process of a denuncia? which part(s) should I fill in to make that claim? should I claim for Extravio de documentos y o efectos = Loss of documents and/or effects, recuperacion de documentos y o efectos =Recovery of documents and/or effects, or what?

Any kind of help and advice (if you haven't fallen asleep before you got to this point, that is!

) would be most appreciated. I am at a loss as to what to do and what my rights are.

Thanks to all in advance

KirstyJay · 10th November 2006, 16:43

Go down to the Work Lawyers, next door to Macro Seco Dry Cleaners, just above the social offices in Los Cristianos. Tell them everything and they may say you have grounds to sue her sorry ass!

TenerifeTD · 10th November 2006, 18:46

Quote:

Originally Posted by djkirstyjay

Go down to the Work Lawyers, next door to Macro Seco Dry Cleaners, just above the social offices in Los Cristianos. Tell them everything and they may say you have grounds to sue her sorry ass!

How much would a visit to them cost me (I'm worried it will make a sizeable dent in my outgoings, as opposed to the actual money I could get in compensation), and will I need a translator? My Spanish is only basic and I don't feel I'd be able to explain the situation adequately....

THORtenerife · 10th November 2006, 19:22

have you been to the social seciaty office to check if she has been paying your social for your work, a lot of em dont,they just say they do

Mike in Chayofa · 10th November 2006, 19:42

Quote:

Originally Posted by THORtenerife

have you been to the social seciaty office to check if she has been paying your social for your work, a lot of em dont,they just say they do

Yes - do this (most important)

Go to the social security office in the Valdes Centre with your social number and ask them for a 'vida laboral'

TenerifeTD · 10th November 2006, 20:08

Quote:

Originally Posted by THORtenerife

have you been to the social seciaty office to check if she has been paying your social for your work, a lot of em dont,they just say they do

As it happens, she HAS been paying my social security, from 02/03/05, (when I first got a contract, not from when I started working for her!) according to the Vida Laboral I received a few weeks back, but I stopped working at the shop on 14/08/06 not 11/08/06 as the Vida Laboral says. Does this need to be corrected, or is it just a few days I should let slip by the wayside?

KirstyJay · 11th November 2006, 11:36

Quote:

Originally Posted by TenerifeTD

How much would a visit to them cost me (I'm worried it will make a sizeable dent in my outgoings, as opposed to the actual money I could get in compensation), and will I need a translator? My Spanish is only basic and I don't feel I'd be able to explain the situation adequately....

It costs you nowt. They will look into your claim, give you advice and if you decide to proceed, they do it for free, but take a percentage of the winnings.

If you have any sort of proof that she employed you on a PT contract, when in fact you worked FT hours (a rota or something... or a full pay receipt, the amount payed into your bank account... anything) you could be looking at a lot more than just your holiday pay... as on a full contract you sould have been entitled to more. Also, because you left a day before your notice ended, there may be rules on that, but only the lawyer would know!

IMHO she deserves to be taken to the cleaners for trying to put one over on you and every other employee she's probably already done stuff to in the past. If people stand up for their rights, it makes it better for everyone else, as people will think twice before doing it in the future.

We may even see proper full contracts, pensions, holiday and employment benefits, etc etc for all workers eventually!!!! Wouldn't that be nice?!

The only reason people do this sort of thing is because they think they can get away with it and that you don't have the knowledge, or the resources to persue them. The work lawyer in los cris fights for the underdog. You may also find that the social will investigate her for other PT contracts too... and from what you said, she deserves it. Your money is your money. Whatever her problems, (divorce etc) are, that doesn't concern you, you are owed what you are due and you should get it. It's worth popping in to the lawyers just to see if you have anything to gain.

Oh, and I think they speak English.

Let's set up a British Union!!!

TenerifeTD · 11th November 2006, 23:50

Thanks to all who have posted, offering me reassurance and advice. It feels quite empowering Kirsty (and Treble 99 in the chatroom), when I am told you think I am in the right!

I'd heard about her not paying some people before me, but I'd taken no notice as I was being paid regularly and in in full (the whole 125€ a week! whoop-de-doo!) at the time. I'll try and get hold of some of the past employees and we'll get E/Y/both of them! I know of a guy who works in the Chicken Shack in Puerto Santiago, who may know of the old employees.......................!

If all else fails, I'll see if I can talk one or 2 of the neighbouring shopkeepers to provide evidence of me working more hours than contracted!

I think I'll be heading to Los Cris early next week and pay the Officina de Obras (Work Lawyers) a visit!! That's the one above the social security office, isn't it?

Since my last post, I've been told that the Work Lawyers take 10% of whatever money you are awarded, so it's definitely worth a try!

As John Lennon and Citizen Smith(!) once said: "Power to the People"!!

KirstyJay · 11th November 2006, 23:57

Good on you.