Laboral Payment Procedure

The new Law 36/2011, of 10 October, regulating the labor courts (BOE October 11, 2011), in its 101 Article regulates the new payment procedure for claims of up to six thousand euros, against employers who are not bankrupt and referred to past due, amount due and fixed amounts, ie, accrued salaries, compensation recognized, unpaid settlements, etc.;

The payment process begins with the initial petition that has to indicate the complete and accurate identity of the debtor employer, the tax identification data, full address and other location data such as phone number and email both the claimant and the defendant, and details breakdown and concrete concepts, periods and amounts claimed. The initial request will have to accompany the documents required by law, ie, copy of the contract, payslips, business communication or acknowledgment of debt document or certificate of insurance or insurance history, or other similar documents.

Upon acceptance of the request for filing by the clerk, it will require the employer to ensure that, within ten days, and pay the worker, crediting to the court, or to appear before him and alleging succinct and substantiated in the notice of opposition the reasons for which it considers should not, in whole or in part, the amount claimed, with a warning that not paying the amount claimed or appear with reasons for the refusal of payment, execution despatched against. If within ten days the employer opposing party, shall be served on the plaintiff to within four days this demand, in which case then proceed to the scheduling of trial.

In conclusion, this process is a process adapted to civilian jurisdiction, with a limited amount because in most cases the compensation exceeds that amount. However, the idea of expediting the claim process is a very good one given the current collapse of justice.