The worker can claim any amount owed by the company. It is not necessary that the company does not pay a full monthly payment; any amount can be claimed in addition to the payroll: if the company pays less than what it should have paid, or does not pay, for example, any of the bonuses recognized by the collective agreement or the payment of overtime.
The process necessarily begins with the presentation of a Conciliation Ballot. In that document that is presented to the administration, and that is prior to the judicial process, it must be clearly stated what amounts are claimed and what the concepts are. The quantities are always advisable to express them raw.
Many workers, tired of company defaults or delays in receiving their payroll, reach an unsustainable point, and consider something that is in no way advisable: submitting a voluntary discharge. Acting in this way, the worker loses his job due to a breach of the employer and not his, and will also lose the right to request unemployment benefits after resignation.
What Should Be Done Then?
For these situations, there is a procedure regulated in the Workers’ Statute by which the worker can request the resolution and termination of the employment contract for these non-payments and that compensation equal to that of the unfair dismissal, the legal maximum, be recognized and access to the unemployment benefit or subsidies to which they are entitled to their accumulated contributions.
Many times the worker who does not receive his payroll for months is in a very delicate situation economically, and yet, he continues to have an obligation to go to work, because otherwise, he could be considered to be leaving his job. In this situation, you can act in various ways, but in these cases, the advice of a lawyer is recommended.
You can currently ask the Court for precautionary measures that exempt the duty to go to the job and that the employer continues to have to contribute and pay wages while the process lasts. In order to request this precautionary measure, it will be necessary that the business breach harms the dignity or physical or moral integrity of the worker, which may entail a possible violation of fundamental rights or possible consequences of such gravity that the worker cannot be required to continue providing services. But these requirements end up being fulfilled in many cases after several months without the worker not receiving his salary and, for example, he cannot even afford transportation to his workplace.