Claim for unpaid wages and overtime (Spain)

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For an employee in Spain whose employer has not paid wages, extra payments or overtime. The letter itemises what is owed by month and type, demands payment by a set date with the ten per cent late-payment interest of art. 29.3 of the Spanish Workers' Statute, interrupts the one-year time limit to claim and announces the request for conciliation (papeleta). It is sent by burofax with certified content. In Spanish.

  • Made for use in Spain
  • Last updated October 20, 2026

Published byDocMuse

When to use this document

  • Your employer in Spain owes you several months' pay and is not paying.
  • You work overtime but the extra hours never appear on your payslip.
  • You have left the job and the last month's pay still has not arrived.
  • You want a formal claim by burofax before going to the conciliation service.

What you fill in

The details the document asks for.

  • Employee
  • Employee's address
  • Employee's DNI or NIE (Spanish identity number)
  • Employer (company name or, for an individual, full name)
  • Employer's postal address (street and number, postcode and town on separate lines)
  • City
  • Date
  • Date of hiring
  • Position
  • Claims by month (month, type of pay, gross amount)
  • Unpaid overtime (dates and hours)
  • Total due
  • Payment deadline given
  • Collective agreement that applies
  • IBAN

Common questions

How long is there in Spain to claim unpaid wages?
One year from the day the amount could be claimed, usually the day each month's pay was due (art. 59.2 of the Spanish Workers' Statute). The period is interrupted by a written claim that reaches the employer, such as this burofax, and by the request for conciliation; after an interruption it starts again from the beginning. Do not wait for the last month.
What is the papeleta de conciliación in Spain and where is it filed?
It is the request for prior conciliation filed with the region's mediation, arbitration and conciliation service before suing the employer (art. 63 of the Spanish Labour Procedure Act); in Madrid it is the SMAC, which accepts it online or in person. Each service publishes its own form free of charge: DocMuse does not sell it. If there is no agreement, the claim goes to the labour section of the Tribunal de Instancia.
Why does this Spanish wage claim not include an invitation to negotiate?
Because Organic Law 1/2025, which requires an attempt at an alternative means of dispute resolution before suing, leaves labour matters out: for them the prior step is conciliation before the region's service. If the employer is insolvent, the Wage Guarantee Fund (FOGASA) pays wages and indemnities within limits (art. 33 of the Spanish Workers' Statute).

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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