Brendanbeu

I have an academic year contract from Sept-June end of.

I had paid holidays at Xmas and Semana Santa as everyone does.

I was told by my boss no finiquito money is entitled as I had paid holidays on the dates above.

Can anyone confirm if I am entitled to the finiquito financial end of contract award?

I am being told by my friends I am 100% entitled to it.

Thanks

rachelk

Hi, How's your spanish? I think your friends are right but employment law has changed a little since I left spain.

The convenio colectivo for private schools, which includes british and international ones (I'm assuming that's where you are) is here http://www.feteugt.es/Data/UPLOAD/PR...concertado.pdf

Check article 40 and 42 re holidays.
Speak to your union rep at school and/or go see your union for advice.

As a teacher you are entitled to the same Christmas and Easter holidays as the students and this should not therefore affect your right to a finiquito. I would also interpret it to mean that you are entitled to a one month paid holiday in the summer as well.

Brendanbeu

Hi. I work for a very small, English owned language academy. There are 3 teachers and one is the owner (my boss).

My Spanish isn't anything really.

rachelk

Ah. I see, then there is a different convenio for you then.

I will have a look later and see if I can find it.

Brendanbeu

Please and thanks.

Rosemary

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

rachelk

Hi again. I've sent you a private message.

The convenio relating to language schools is v similar to that relating to private schools at least in terms of holidays and indemnización / finiquito.

Brendanbeu

I definitely do have a contrato trabajo temporal.

BeccaJane

Hi, hopefully someone can help me. I seem to be having the same problem. My director has told us that we will not be getting any additional payment on the finalisation of our contract at the end of June. He claims that any extra payments have already been included in our monthly wage. The issue I have with this is that he advertised the basic pay for 24 hours work, no where did he mention this apparently included holiday pay or the indemnization. Also, as far as I know, the indemnization is payable on the completion of a contract so how can he include this throughout the nine month contract? Any ideas on if he's pulling a fast one?

Rosemary

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

rachelk

Hi BeccaJane

I suspect he's pulling a fast one. Do you also work in a language academy? What do you mean by 24 hours work?

Somewhere there may be a list of minimum salaries for language teachers but I don't know for sure. If there is you could compare what you've paid with that.

Did you join a union? You should be able to get advice from them.

BeccaJane

Hi rachelk

Yes, I work in a language academy. My contract is for 24 hours - 22 teaching hours and 2 training hours. Advertised at a basic pay amount which he is now claiming includes everything else.

We are under an Eventual por Circunstancias de la Produccion contract. On the SEPE website I found this "A finalización del contrato, el trabajador tendrá derecho a recibir una indemnización de cuantía equivalente a la parte proporcional de la
cantidad que resultaría de abonar diez días de salario por cada año de servicio, hasta el 31 de diciembre de 2013, que se incrementará
anualmente en un día hasta el 1 de enero de 2015 que consistirá en doce días, o la establecida, en su caso, en la normativa específica
que sea de aplicación."
Now, my Spanish is really bad, but can I take this to mean there should be a final payment on the completion of the contract?

No, I'm not part of a union and wouldn't know where to start looking. My Spanish is very basic.

BeccaJane

Oh, and this was the email in which we found out...
'As for your last payment, it will be exactly the same as the other months and at the same time(end of the month). Everything has been “prorrateado”.' I gathered the final payment was reliant on finishing the contract, so how can he be paying this as part of the basic hours?

snikpoh

You're not being clear. Is that 24 hours in total, per week or per month?

BeccaJane

Sorry, 24 hours a week.