Payroll Review in Barcelona and Wage Claims | Labor Lawyers
Payroll Review and Wage Claims in Barcelona: Get Back What You're Owed Without Any Hassle
We identify errors and claim what’s yours so you don’t lose your money.
Why should you trust us to review your pay stubs and file a claim?
Do you suspect that your paycheck has been calculated incorrectly or that you’re being paid less than what’s stipulated in your collective bargaining agreement? At Martínez Caballero Abogados, we review your pay stubs, and if there are discrepancies, we pursue back pay, overtime, bonuses, and unpaid wages through the fastest available channels: negotiation, CMAC/SMAC, and litigation if necessary.
A clear report listing the errors detected and the approximate amount to be claimed
Phased Strategy (amicable → CMAC/SMAC → court)
Confidentiality and comprehensive support from the very beginning
When Should You Review Your Paycheck? Warning Signs
If any of these scenarios sound familiar, it’s worth taking a look:
They change your salary “without explanation” or cut your bonuses
Bonus payments, prorated amounts, or variable pay do not appear (or do not add up)
You work overtime or on holidays, but it isn’t reflected correctly
Your collective bargaining agreement includes bonuses (for night shifts, shift work, length of service, etc.), but you don’t see them on your pay stub
Are you owed full months’ pay, or are there repeated delays in payment?
Remember: The Statute requires that wages be paid on time and in writing, and it sets a late payment interest rate of 10% on the amount owed.
Common Errors We Find in Payrolls
1) Improperly Applied Collective Bargaining Agreement
Incorrect job classification, outdated pay scales, and omitted or miscalculated bonuses.
2) Overtime and time tracking
Hours that aren’t paid, are paid “under the table,” or aren’t compensated properly.
3) Bonus pay and prorated pay
Incorrect prorating, incomplete payments, or incorrect calculation bases.
4) Accessories and variables
Night shifts, holidays, incentives, performance targets, and transportation allowances/per diems (as per the collective bargaining agreement) are not accurately reflected.
5) Improper Deductions and Discounts
Discounts without supporting documentation or incorrectly allocated items.
Most importantly: The deadline for claiming back pay is not unlimited.
Claims for payments/wages are subject to time limits. In general, the Statute sets forth the statute of limitations for such claims, and it is common for claims for accrued payments to have a limited time frame (in practice, the rule of “the sooner, the better” is followed to avoid losing monthly payments).
Typical Cases That Succeed With a Well-Prepared Claim
Unpaid overtime for months
Differences in collective bargaining agreements (subcategories, pay scales, bonuses)
Miscalculated or incomplete bonus payments
Agreed-upon incentives/variable pay that are not paid
Unpaid Wages Due to Repeated Delays or Nonpayment
What Our Payroll Review Service Includes
Complete Technical Inspection
Pay stubs + contract + workday/schedule
Verification under the agreement (tables and bonuses)
Identification of Differences and Estimation of Amounts
Results Report (Clear and Actionable)
We’ll provide you with a summary that includes:
errors detected
approximate amounts
strategy recommendation (amicable / CMAC / lawsuit)
Claim for Wages and Back Pay
If appropriate, we handle the claim in stages to maximize recovery and minimize conflict.
How We Claim Your Wages (Step by Step)
1) Express audit and calculation
We collect pay stubs (ideally: 6–12 months), your employment contract, and information about your work hours.
2) Informal complaint to the company
Formal complaint stating the amount sought and the grounds for the claim (many cases are resolved at this stage).
3) Work-Life Balance at CMAC/SMAC (Catalonia)
If no agreement is reached, we move on to conciliation. In Catalonia, the conciliation process can be initiated through the official conciliation portal (online with a digital signature or in person).
4) Lawsuit filed with the Labor Court
If no agreement is reached, we will file a lawsuit and seek the amount owed (plus interest, where applicable).
5) Enforcement and, if the company is insolvent, FOGASA
If the company fails to pay and becomes insolvent or files for bankruptcy, the FOGASA option is considered, which covers wages up to legal limits (e.g., a cap of twice the daily minimum wage and a maximum of 120 days’ worth of wages).
Why Choose Martínez Caballero Abogados?
An incorrectly calculated paycheck can cost you money month after month without you even realizing it. At Martínez Caballero Abogados, we analyze your contract, your collective bargaining agreement, and each pay item to identify errors, discrepancies, or unpaid amounts. We don’t just review—if there are irregularities, we develop a clear strategy to claim what you’re owed, first through informal negotiation and, if necessary, before the CMAC or the Labor Court. Our goal is to ensure you recover your money safely, quickly, and with as little conflict as possible.
You avoid common mistakes such as incomplete documentation, mismatched dates, or missing supporting documents, among others—we don’t overlook a single detail.
We’ll always guide you down the right path so that everything works out as well as possible for you (TuSS/online/in-person)
Support in the event of requirements, delays, or denials
Online and In-Person Services in Barcelona
Frequently Asked Questions About Payroll Reviews and Wage Claims
When should I review my pay stub?
It’s a good idea to review your pay stub whenever you notice changes in your salary, reductions in allowances, errors in bonus payments, unpaid overtime, or if you suspect that your company isn’t correctly applying the collective bargaining agreement. Even if everything seems correct, a professional review can uncover pay discrepancies that might otherwise go unnoticed.
What documents do I need to review my pay stub?
Ideally, you should provide several recent pay stubs (from the past 6 to 12 months), your employment contract, information about your work schedule, and, if you know it, the applicable collective bargaining agreement. With this documentation, we can determine whether your salary and benefits have been calculated correctly.
Can I file a claim for unpaid overtime?
Yes. If you have worked overtime that has not been properly paid or compensated, you can file a claim. It is important to have evidence—such as time records, work schedules, or communications—that proves you worked those hours.
How long do I have to file a claim for unpaid wages?
Claims for unpaid wages are subject to statutes of limitations. Therefore, it is essential to act quickly to avoid losing the right to claim back pay.
What happens if my company doesn't pay my wages on time?
The Workers’ Statute stipulates that wages must be paid on time. In the event of a delay or nonpayment, in addition to the amount owed, the corresponding late-payment interest may be claimed.
Is it mandatory to go through mediation before going to trial?
In most labor disputes, it is necessary to first file a conciliation petition with the CMAC or SMAC before going to the Labor Court. This process is intended to facilitate an agreement between the employee and the employer.
Can I file a claim if I'm still working at the company?
Yes. You can claim unpaid wages while you’re still employed. In these cases, we’ll determine the best strategy to protect your rights without causing unnecessary conflict.
What happens if the company is insolvent?
If the company is unable to pay due to insolvency or bankruptcy, FOGASA (the Wage Guarantee Fund) may step in to cover wages within the established legal limits.
Can you file a claim for incorrectly calculated bonus pay?
Yes. If the special payments have not been paid correctly or the prorated amount has been calculated incorrectly, you can claim the corresponding differences.
What are wage differences under collective bargaining agreements?
These are amounts that the employee fails to receive when the company does not correctly apply the pay scales or supplements provided for in the collective bargaining agreement that applies to the employee’s line of work.
How long does it take to process a wage claim?
It depends on whether an agreement is reached during the conciliation phase or whether the case must go to trial. Many cases are resolved before court proceedings begin if the company accepts the claim.
Why is it advisable to have an employment lawyer?
Because a professional review allows you to accurately calculate the amount owed, identify the most effective strategy, and avoid mistakes regarding deadlines or the filing of the claim. This increases your chances of recovering your money quickly and safely.
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