Therefore, labor law has a protective function for the worker , tending their rules restrict free enterprise to protect the weaker party against the strong , and so late chasing supervised social structure , is in the Spanish Constitution , in labor Procedure Law , the Statutes of workers (remember " ... the employment contract may be concluded in writing or orally ...").
We are daily, many customers do not have papers or residence in Spain but in reality, are working in this country, and that fear, not complaint, who do not pay the minimum wage, overtime, holidays, vacation hours, unjustifiably dismiss them and workers do not claim by threatening them, they do not have their papers as no rights in Spain, and the police find them home. Situation totally FALSE as the Spanish Law on labor, does not see the worker's nationality , but what is seen to be a hardworking person and therefore has all the rights that a worker Spanish .
We have many cases in the office where a foreign worker without papers, for example, waiter working in a disco or bar , for over a year, has been reported , we have defended in court and a judge has given us reason , signing a judgment recognizing the employment relationship between the foreign worker and the company for services rendered indefinitely and also recognizing the right of workers to a monthly salary of XXXX Euros , according to the relevant collective agreement.
It has also been recognized in other cases won by the office, where a judge by a judgment, a declared unfair dismissal , in favor of a housekeeper, inthis case, you can ask, unfair dismissal, what is it? is when we find that the worker in this case was working without papers (if papers pass the same) and his boss fired without justification, the desperate lady, in this case, the contract to this law firm , and filed a lawsuit against the boss, employer, and won a judgment issued by the court, recognizing that an employment relationship existed , from XX date to XX, and declaring unfair dismissal , our client in this case, termination payment, overdue vacation , overtime, all that we ask the Judge in demand, and even more by not having the papers to live in Spain , by a residence and work authorization, and because the lady have been for two years in Spain , could we have the requirements to go on and apply for a LABOR ARRAIGO in Immigration, if you have a similar or equal status , call the office immediately due to deadlines to sue.
And remember, contact us, talk to our lawyers ask their rights under the Spanish law gives them, in this case as a worker, and forget, which is not resident immigrant, a person without NIE or undocumented citizen, what matters to us is that you, are a worker, and therefore, a judge will give us reason, DO NOT FORGET, YOU HAVE RIGHTS!