What can I do if my company doesn't pay my salary?
You have the right to be paid and to claim: you're not helpless. Non-payment of salary is a serious breach by the company. Facing a delay or non-payment you can: claim the amount owed (salaries, bonuses, etc.), with 10% annual late-payment interest on the salary part; file a conciliation request and, if no agreement, sue at the labour court. If non-payment is repeated or serious, you can request compensated termination of the contract (like an unfair dismissal, with 33 days per year) without losing the job until the judge decides. If the company is insolvent or in insolvency proceedings, FOGASA (the Wage Guarantee Fund) covers part of the debt within limits. Keep payslips, contract and communications.
📋 The rules
- Non-payment of salary is a serious breach
- You can claim what's owed with 10% interest for late payment
- Route: conciliation request and labour court
- Serious non-payment: compensated termination (33 days/year)
- Insolvent company: FOGASA covers part
🔓 Exceptions
- Occasional, justified delays: weigh claiming before terminating
- Insolvency proceedings: wage claims have some preference
- Limitation period to claim wages: generally 1 year
⚠️ Penalties & fines
A company that doesn't pay risks paying what's owed with interest, sanctions from the Labour Inspectorate and the worker obtaining compensated termination of the contract. For you, the key is to act within the deadline: wages lapse, generally, in 1 year, so don't let time pass. Document everything (payslips, contract, written claims) and, if you decide to request termination, note you usually must keep working until the court decides, unless the breach is so serious it justifies stopping. If the company is insolvent, claim FOGASA coverage.
📎 Official sources
- BOE · Workers' Statute (salary and non-payment, art. 29 and 50) →
- FOGASA · Wage Guarantee Fund benefits →
- Administración · Labour claims →
❓ Frequently asked
What do I do if my company doesn't pay me?
Claim the amount owed in writing and, if they don't pay, file a conciliation request and, where applicable, sue at the labour court. You're entitled to what's owed plus 10% late-payment interest on the salary part. Keep payslips and communications.
Can I leave the job if they don't pay me?
If non-payment is repeated or serious, you can request compensated termination of the contract at the court, with compensation like that of unfair dismissal (33 days per year). Generally, you must keep working until the judge decides, unless the breach is very serious.
Do I get interest for the delay?
Yes. Salary amounts accrue 10% annual late-payment interest. It's a way to compensate the delay in paying your salary. Claim both the principal owed and that interest when demanding what you're owed.
And if the company has no money or goes bankrupt?
If the company is insolvent or in insolvency proceedings, FOGASA (the Wage Guarantee Fund) covers part of the pending salaries and compensation, within legal limits. You must request its intervention, providing the documentation of the debt.
Is there a deadline to claim the salary?
Yes. Wages lapse, generally, within one year of when they should have been paid. So don't let time pass: claim as soon as possible, in writing and, if needed, via conciliation and the labour court.
🔎 Common searches
What people search to land here:
- “company doesn't pay salary what to do”
- “claim unpaid wages”
- “compensated termination unpaid salary”
- “late payment interest 10 percent salary”
- “fogasa insolvent company”
- “deadline claim wages 1 year”