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TeresaT
25-02-2013, 13:00
Hi, Can anyone give me advise as to what to do if I worked February on contract and my contract runs out. I asked if it was being re-newed and he said maybe part-time..but said he maybe cant pay my nomina for February. Can I seek legal advise from anyone. Thanks

fonica
25-02-2013, 14:18
Hi Teresa,You are in a difficult position as it isn't unusual for workers not to be paid in Tenerife something that has amazes me over many years here.If the boss is English you can tell him that you will denounce him to the Seguro Social and make sure that they know that you have a contract (this may not have been registered with the social security office so has no legal value;In fact you may have a contrato de prueba,which is just a 30 day trial and can be cancelled if you are found to be unsuitable for the job..If the contract has been registered and stamped by the S.S. office then you can go and make sure he has paid your social contribution for February.Don't sign anything without having it checked by someone who understands these things.If he refuses to pay your salary for the month then you could go to a lawyer but there is little chance of getting to court inside 3 years.If you have been working in a bar or cafe you could sit at a table and tell customers what has happened to you!!!!!Good luck but remember working in Tenerife is rarely easy and there are a lot of almost bankrupt businesses out there who can't or won't pay you.

TeresaT
25-02-2013, 14:38
Fonica, thank you for your reply. I am sure all SS has been paid as I receive the payment slips from the Gestor... He has been told by the Gestor that he is obligated to pay me for February as I was under contract..problem is he doesnt live on island and have asked the Gestor if they can help organise a Certificado de Empresa... I have lived here 12yrs, its just crazy how so many laws are broken, but I have to say it is better than when I first arrived... :9 thank you again seems legal advise is the way to go

DapaTenerife
25-02-2013, 15:09
Go to the cco in los cristianos, they will advise you what to do. its upstairs in the building opposite the bus station.will cost about 30euros. good luck

TeresaT
25-02-2013, 16:12
Thank you, I will try that

Medanoman
28-02-2013, 02:58
I feel for you..It is sadly not uncommon practice to withhold part or all of your wages. but the CCOO should be able to help you.

If your contract was a longer one i have known it to be the case that they automatically roll over unless countermanded in writing a few days before hand. Best to look your contract under microscope whch the ccoo can do. . Long time ago it was not uncommon for a large tour operator to forget about that roll over and end up with loads of fijo staff it later had to get rid of, but i doubt that happens these days.

Many employers will.

1. Tell you to start Monday , and you are still waiting a month later for the contract.........THIS IS ILLEGAL, YOU MUST BE CONTRACTED AND GIVEN ALTA IN SS AS SOON AS YOU SET FOOT IN THE WORK PLACE. You are committing a crime working without contract and so is the employer, best defense is attack. Call a inspector of works in.

2. Make you sign a contact stating you earn 900 a month when they will only give you 600.......CURRENT ECONOMIC CLIMATE MAKES PEOPLE GRIN AND BEAR IT.

3. Sign you up on a part time contract of say an hour a day, and make you work 8..again illegal answer as above.

4 . Completely ignoring professional categories..i.e you are working in a shop with a contract that has you as an assistant to the shop assistant..When in actual fact you run the place.

It is sad to see such little respect for your fellow man, but Tenerife brings out the worst in many.

9PLUS
28-02-2013, 07:47
Take into account if you kick up a fuss


You may get laid off

bonitatime
28-02-2013, 10:56
Interestingly shop wages for assistants or shop staff are the same.
Is the problem your boss can't pay you or won't
Things are really hard right now and for some employers staff seem to come far down the list.
Hope it works out

TeresaT
28-02-2013, 11:04
Thank you everyone for your help.... Yes, its all very sad that employers seem to think they have the right not pay staff, or not put them on a contract. Many people are desperate for a job here and will put up with any conditions and that shouldnt be the case. Luckily the Company Gestor has been a great help, I have all my paperwork and he is drafting a legal document to the Director to advise him of our rights to be paid or we can seek legal advise and denounce them. What a shame it has come to this after I worked longer hours and days, dedicating so much to them... Just goes to shows it doesnt pay

Fivepence
28-02-2013, 11:37
Take into account if you kick up a fuss


You may get laid off

Phew, you had me worried there for a moment 9PLUS....................I thought you might forget to put the word 'off' at the end of your sentence.......:whistle:

kingbaker
28-02-2013, 15:34
Phew, you had me worried there for a moment 9PLUS....................I thought you might forget to put the word 'off' at the end of your sentence.......:whistle:

I think 5p that you have toooooooooo much time on your hands or two much something,

in your hands:laugh::laugh: