If my employer owes me several months’ salary in Barcelona, one of the first questions is whether I can leave the company and receive compensation. The answer may be yes, but it is not advisable to resign voluntarily or leave your job on your own initiative. Article 50 of the Workers’ Statute allows you to apply to the courts for termination of the contract where there is non-payment or sufficiently serious ongoing delays.
At Barcelona Laboral, we specialise in Employment Law and assess unpaid salary claims, Article 50 terminations and employment disputes in Barcelona. We review payslips, bank transactions, length of service, the amount owed and the company’s situation before defining the safest strategy.
Quick answer: since April 2025, Article 50 has set out much more specific benchmarks. Grounds exist where, within one year, three full monthly salary payments are owed, even if they are not consecutive, or where there are delays of more than 15 days for six months, even if these are not consecutive either. The law also allows a judge to find just cause in other serious circumstances.
If my employer owes me several months’ salary in Barcelona, when can I apply for termination?
Three full unpaid monthly salary payments within one year
Article 50.1.b) of the Workers’ Statute considers that grounds exist where the employee is owed three full monthly salary payments within a one-year period, even if they are not consecutive.
If your employer owes you several months’ salary and you do not know whether you can terminate your contract with the right to compensation, we can assess your case. Tell us about your situation and we will explain your options before you take any steps.
This criterion is particularly important because it replaces older, broader case-law benchmarks. It is no longer advisable to state generally that “two unpaid payslips are enough”.
Six months of delays exceeding 15 days
Grounds also exist where salary is paid more than 15 days after the due date and this occurs for six months within one year, even if they are not consecutive.
The judge may find other serious breaches
The above thresholds do not completely rule out other cases. Article 50 itself states that, without prejudice to those benchmarks, a judge may regard other situations as just cause where the employer’s breach is sufficiently serious.
This is not voluntary resignation: why you should not simply leave
When my employer owes me several months’ salary in Barcelona, resigning may mean losing the compensation linked to Article 50 and may affect entitlement to unemployment benefits.
The general rule is to maintain the employment relationship
Termination under Article 50 must be requested through the appropriate legal procedure. Unless there is a ruling or measure allowing otherwise, the employment relationship remains in force and, as a general rule, the employee must continue working.
There are exceptional circumstances in which judicial protection may be sought
The Law Regulating Social Jurisdiction allows interim measures to be requested in Article 50 proceedings where the employer’s conduct harms dignity or integrity, breaches fundamental rights or results in consequences so serious that it is unreasonable to require the employee to continue working under the previous conditions.
Therefore, if the situation is untenable, we do not recommend unilaterally leaving your job without first assessing whether there is a procedural route to protect the employee.
What you can claim in addition to terminating the contract
Compensation equivalent to unfair dismissal
If the Article 50 claim succeeds, the employee is entitled to the compensation provided for unfair dismissal: as a general rule, 33 days’ salary per year of service, capped at 24 months’ salary, without prejudice to the transitional regime applicable to contracts entered into before 12 February 2012.
All outstanding payslips and salary amounts
Termination does not eliminate the salary debt. Unpaid monthly salary payments and other salary amounts due may be claimed, provided the limitation periods are observed.
The general time limit for claiming employment-related financial payments is one year from the date each amount became due.
10% interest and access to unemployment benefits
Article 29.3 of the Workers’ Statute establishes 10% interest for late payment on salary owed. Its specific application must be claimed and calculated on the salary amounts ultimately recognised.
In addition, voluntary termination of the contract under any of the circumstances set out in Article 50 is considered a legal unemployment situation. Therefore, once the termination has been properly completed, there may be entitlement to benefits if the general contribution requirements are met.
How to claim if my employer owes me several months’ salary in Barcelona
1. Gather payslips, bank statements and communications
We recommend gathering payslips, your contract, the applicable collective agreement, bank statements, and emails or messages in which the company acknowledges the debt or explains the delays.
2. Make a written claim and prepare for conciliation
There is no universal obligation to always send a burofax before bringing a claim, but keeping a written record of the claim can be useful in proving the amounts claimed and clearly setting out the employee’s position.
In Catalonia, prior administrative conciliation is generally mandatory before applying to the Labour Court for financial claims and other disputes arising from the employment contract. Filing the conciliation application interrupts the limitation periods for financial claims under the applicable legal terms.
4. Combine the termination claim and the financial claim
The Article 50 termination claim may be combined with a claim for unpaid salary where the procedural requirements are met. This option allows both the end of the contract and the outstanding amounts to be addressed in the same proceedings.
What happens if the company is insolvent or in insolvency proceedings
FOGASA does not cover everything owed
The Salary Guarantee Fund may be liable for recognised salaries and compensation where the company is insolvent or in insolvency proceedings, but statutory limits apply.
Time limits are crucial in these proceedings: acting too late may mean losing rights. Contact our employment lawyers today and receive a no-obligation personalised assessment of your case.
| Concept | General FOGASA limit |
|---|---|
| Outstanding salaries | Maximum of 120 days, with daily salary capped at twice the daily minimum wage, including the proportional part of extra payments. |
| Compensation | As a general rule, a maximum of one year’s salary, with daily salary capped at twice the minimum wage, applying the specific rules of Article 33 of the Workers’ Statute. |
The previous draft referred to three times the minimum wage, but the current limit is twice the daily minimum wage under Article 33 of the Workers’ Statute.
Insolvency proceedings
If the company is in insolvency proceedings, the classification of the salary claim depends on when the debt arose and its nature. Not all salaries are automatically “claims against the insolvency estate”, nor do they all have the same priority. The specific insolvency case must be reviewed.
Mistakes to avoid if you are not being paid your salary
Resigning out of desperation
This is one of the most significant mistakes. If my employer owes me several months’ salary in Barcelona, the solution is not to sign a resignation without first considering Article 50.
Signing a settlement and final payment agreement without reviewing it
The waiver effect of a final settlement depends on its wording and the circumstances in which it is signed. Not every signature automatically means giving up all claims, but you should not sign waiver clauses without understanding their scope.
Waiting until older amounts become time-barred
Each monthly payment has its own one-year time limit. Waiting too long may mean that the oldest amounts can no longer be claimed.
Barcelona Laboral: specialists in unpaid salaries and Article 50
At Barcelona Laboral, we specialise exclusively in Employment Law. We advise employees and businesses on dismissals, salary claims, disciplinary action, changes to working conditions and contract terminations.
We assess the actual seriousness of the non-payment
If my employer owes me several months’ salary in Barcelona, we review not only how many months remain unpaid, but also the actual payment dates, delays exceeding 15 days, partial payments, length of service and available documentation.
We calculate the claim and prepare your case
We prepare an estimate of the salary amounts, potential interest and Article 50 compensation so that the client understands the financial implications before starting the claim. We first seek a negotiated solution where appropriate and, if no agreement is reached, we prepare the court claim with all the necessary elements.
Frequently asked questions if my employer owes me several months’ salary in Barcelona
How many unpaid payslips allow me to apply for termination?
Article 50 sets out as a benchmark that three full monthly payments must be owed within one year, even if they are not consecutive. It also covers six months of delays exceeding 15 days. A judge may find other serious breaches.
You do not have to put up with being left without pay. At Barcelona Laboral, we review your documentation, explain whether you are entitled to terminate your contract with compensation and support you throughout the entire process.
Can I stop going to work if I am not paid?
It is not advisable to do so unilaterally. The general rule is to maintain the employment relationship while the claim is being processed, unless there is a serious situation allowing specific judicial measures to be requested.
What compensation am I entitled to?
If termination under Article 50 is granted, you are entitled to the compensation provided for unfair dismissal: as a general rule, 33 days’ salary per year of service, capped at 24 months’ salary, with the transitional regime applying where relevant.
Can I claim my unpaid salary and compensation at the same time?
Yes, both claims may be combined where the procedural requirements are met: termination of the contract and the outstanding salary amounts.
Can I receive unemployment benefits afterwards?
Yes. Termination under Article 50 constitutes a legal unemployment situation, provided the remaining requirements for entitlement to benefits are met.
Does unpaid salary accrue interest?
Article 29.3 of the Workers’ Statute provides for 10% interest on late salary payments on amounts found to be owed, subject to the specific application applicable to each claim.
Does FOGASA pay everything if the company has no money?
No. FOGASA has limits. For salaries, the maximum is 120 days and the daily basis is capped at twice the daily minimum wage, including the proportional part of extra payments. Compensation is also subject to its own limits.