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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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Is it legal for an employer to deduct money from an employees

Resolved Question:

Is it legal for an employer to deduct money from an employee's salary because 10 days notice was given instead of 30 days notice. The employee having to return to their country due to family urgency. 2 days pay was deducted for every day no notice was given. This penalty was not in the employee's signed contract. But was given verbally during the second year of employment.

The said employee is now being told they cannot claim a tax rebate (after working and living in Spain for nearly two years) because the employee no longer has a Spanish bank account.

Thank you for your help.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M spanish atorney

José M. :

Labour spanish law says that the parts in the labour contract must tell the other within 20 days that the want to broke it

José M. :

If they do not do it they could demand this days

José M. :

Its not a penalty, it is just what the law says.

José M. :

In all cases labour claims could be managed in the next 20 days after to broke the contract. labour debts has to be claim or demanded in the next year from the broke of the crontract, so whatever we could demand is over time now

José M. :

About the count in Spain, if we could demand some money from taxes to the spanish tax office we could do it easily contracting ana torney who let us to spanish tax ofice to pay him in his account

José M. :

So, we could make the tax declaration and let the tax ofice know the bank account of our atorney

José M. :

I will be here if you need more help

José M. :

Thank you

Customer:

What exactly do you mean when you say labour debts has to be claimed or demanded in the next year? Are you saying that I can demand renumeration?

Customer:

I left the school 30th of April of this year

José M. :

I mean that the time we have to claim or demand ( if we have a chance or reason to do it ) must be done in the next 20 days since the date of we have been fired. If the owe money we have one year to demand it. If you did not agree with they you had only 20 days to claim Your time now is over, even when you could have a reason to fight

José M. :

Now you are overtimed now and you could not alim

José M. :

You could not claim now I mean, Overtimed

José M. :

In short. We have 20 days to claim. And if they do not pay us what they must we have just one year to demand them in court

José M. :

I will be here if needed

José M. :

Thank you

José M. :

Im your case, I do not know if the sum deducted is right or not, in all cases you have now no chance to claim for it, you should put the claim before 25 of may

José M. :

Sorry for that

José M. :

I will be here if need

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