puertoricofox

hi all.
i am confused what to do with my finiquito. my employer has just closed his business and signed all the staff off. he is intending on leaving spain to head back to the UK with no intention of paying our serverence. if i dont sign my finiquito (as not having received the serverence) will this affect my paro and in what way ? thanks in advance

cricketman

You cannot claim paro until you sign the finiquito

You sign the finiquito to show whether you agree with the terms of your dismissal. Not to show whether you have received the money

puertoricofox

thanks for that but how do i claim this balance due ? does any claim delay the paro payment ?

cricketman

The finiquito contract that your employer puts together and you sign states how much compensation you are due.

They should simply pay it. If they dont then all you can do (I guess) is go through the courts.

You take the signed finiquito contract to INEM when you sign on for your paro

puertoricofox

cheers cricketman but my ex employer is leaving the country and has no plans to repay it. are you able to claim thru the government or just forget it and move on. thanks

cricketman

If you were on a legal contract then the company must also be legal in Spain. In which case it doesnt matter if the employer is leaving the country, they must still legally pay your finiquito or the company will get wound up and their assets used to pay your finiquito (this could take several years).

The government wont pay it, the company must.

In any case, make sure you sign the finiquito document, without that, you have no claim against them

chopera

If you had a contrato indefinido with your ex-employer then they are legally bound to pay you a certain amount of redundancy. If they are refusing to pay it then go and see a lawyer. I'm not sure how company law works in Spain, but it might be that the director's personal assets could be used to pay creditors (i.e. you).

Domino

believe this is also why an SL must have around €3,500 bank assets, although the Govt/Hacienda will want their cut first.

€80 of time with an abogado may be well spent ??

Madridboy

Go to meet with him to sign your papers and if he refuses to pay you your money call the police immediately and have them come to your help.