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Spanish contracts Holiday entitlement Advice please?

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Martyn
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Joined: 22 Jun 2017, 13:48
Status: Teacher

Spanish contracts Holiday entitlement Advice please?

Unread post by Martyn » 22 Jun 2017, 14:05

Hi guys and gals.

I need a little help please?

I'm sure I'm not the only one, but I have been a bit confused about my contract with an English academy in Zaragoza Spain.

My contract is for 20 hours a week. but there were a few weeks where the company had no work and they only paid me for the work i did.... as my contract says 20 hours should they pay me that as a minimum even if they can not provide me with work?

My contract ended on 20/06/2017 and i was invited to the office to sign the end of contract paper work.

Included in my contract it says that i am entitled to 30 days holiday pay.

I have been working with the company since February this year. I understand that this should be pro rata so i calculated that I am entitled to approx 10 days holiday pay. I was not paid for the Easter period or any other national holidays so i should be due the full amount.

My employer calculated my holiday pay at 110 euros (thats just 11 euros a day!). This didn't seem right to me so i have not signed the end of contract paper work.

He became quite angry and tried to tell me as they pay 13 euros an hour, which is more than other academies, the holiday pay is built into the wage..... I told him that is not correct and that 13 is the average for Spain. He then said that the girl who deals with these things is on holiday and I will now have to wait till the end of the month to receive my final pay.

Im a bit scared as this is my first year teaching in Spain and this academy has not given me the best experience. I'm worried if I stand my ground I will not receive a good reference and possibly no pay at all!

Can any of you lovely people offer any advice on this, ill buy you a drink, ill be your best friend... i just need some help!!

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Susan
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Re: Spanish contracts Holiday entitlement Advice please?

Unread post by Susan » 22 Jun 2017, 19:58

Don't worry about the reference. Don't ask this school to give you one. If you apply somewhere else and they ask for a reference, you can tell them the truth. A decent employer will understand. Use references from employment other than teaching, character references etc.

I can't advise you on Spanish law and it will depend on your contract.
Is there a Spanish equivalent to the Citizen's Advice Bureau? Get as much advice as possible and ask around, someone may know a lawyer. Ask any Spanish friends you have or foreigners who have lived there a long time. You are not in the wrong here.
Lucy Pollard's Guide to Teaching English

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John V55
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Re: Spanish contracts Holiday entitlement Advice please?

Unread post by John V55 » 23 Jun 2017, 05:11

Uncle John says . . .

In my experience, which doesn’t include Spain, contracts are at best . . . open to interpretation! What should happen rarely does and the majority private businesses aren’t renowned for their honesty. It is rare indeed that someone will walk away after their contract with no discrepancies and all promises fulfilled.

1. In an ideal world yes, if an employer promises 20 hours a week, it’s up to them to provide the work, or pay in lieu. In reality, no business is going to dip into their profits because you’re such a nice person . . .

2. My understanding and experience of holiday pay is that you only get it if you resign the contract, ditto air fare.

3. Contracts are legally binding documents in name only, unless you’re very rich and can afford a team of lawyers. You’re unlikely to go to court, or an industrial tribunal, over a handful of Euros.

4. There’s no need to be scared; compromise. Unless you’ve been blatantly ripped off, smile, shake hands, get a good reference and be on your way. At the end of the day, the employer makes a bit extra and they're happy. You get the experience and a good reference and you’re happy.

5. Having done all that, you now have experience, a good reference, some cash in your pocket and hopefully a nice suntan! What can be better than that? :)

6. For future reference, always ask for more than you’re offered. The employer is more than likely to agree as s/he knows they’re going to cream the extra off at the end. That way you lose some, but generally built into that you end up with what you were prepared to work for in the first place.
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