21/09/2013 00:00
TW
0

Dear Sir, Early Closing – Is There A Hidden Agenda?
IT seems that there just may be a “hidden agenda” as to why some hotels and other businesses are closing after just five months trading. Having spoken to some Brits who work for businesses that are closing early this year, it seems that they have never received one extra month's salary at the end of a six month contract. As this payment practice in Spain has become more widely known, it seems that some employers know they will have to pay one extra month to people who were previously ignorant of the law and wrongly accepted six months pay for a six month contract.

In essence, an employer can save two months salary costs by closing one month early as the “bonus“ month's payment is only due upon completion of the six month contract. While this may benefit the employer, it condemns some employees to a long period (probably seven months) without any social security payments in Spain.

If I had a six month contract and my employer, of their own volition, decided to close after five months, they have a moral obligation to fulfill the contract in full in my view. If the law of decency and common-sense cannot prevail, it just needs one person to mount a legal challenge and hopefully set a precedence and/or change of employment law if it is required.

The same goes for employees who did not receive their extra months payment in previous years, the employer is still obliged to pay even if it means contacting previous bosses. If you were on a “trainee” contract and were 22 or older, the employer has broken the law as the maximum age for a “trainee” is 21 and cannot be used to conveniently avoid adult worker obligations decreed by Spanish legislation.

If you were working seven days a week, this too is illegal in Spain - you MUST get at least one day off per week and 10 days annual leave (half the 21 days per annum by law), so use this to your advantage! By working seven days per week for five months, when you add up all the days off you were made to work, you have, in fact, more than completed six months! In addition, if you DO complete a six month contract working seven days per week, you are surely due all the days off you were required to work which is yet another month's pay you are owed - thus at least eight month's salary are due (plus annual leave if you never took it).

I hope this does not mean employers, next year, will be offering short-term contracts as “the norm”. This may be OK for those who intend on returning home, but for the Spanish and resident ex-pats it will be disastrous as unless they can find scarce winter jobs, it will be very tough living here indeed.

I believe that there are recent legislation changes that DO give some people who have NOT contributed six months NI access to shelter, food and clothing. Anyone who has “used” this service should tell of their experiences to the Daily Bulletin as it may help others in a similar position. Key questions are how to claim, qualification criteria, how many months are you covered, the quality of food and shelter etc.

Mark Masters
Andratx