hello all,

we are Pakistani couple and my husband is doing job in Barcelona Spain in a private factory.
his contract has agreement to work for 8 hours daily but in the factory all workers has to do 12 hours and for the extra four hour they pay them in hand.

he has been working there from last 2 and half years.

Problem is that now my husband dont feel like working for 12 hours, he gets tired and don?t feel like working under those conditions anymore.he talked to the management and they say that they can not minimize the working hours and he can quit if he could not do that.

They said that he can quit in end of March.

please suggest under such conditions when a employer is not fulfilling agreement what is our legal status and what can we do.

of course we need money is there any way out????

Thanks for your time and help in advance

asiya,
the legal weekly working hour is only 40 more or less.
forcing you to work beyond that is illegal.

if your husband quits he does not receive unemployment subsidy.
your husband could have said that he intends to work only the legal 40 hours a week, and if the employer does not agree, they can fire him.
if your husband gets fired then he receives unemployment subsidy plus severance pay.
the employer of course wants to avoid this.

does your husband have a residence and work permit?
does your husband have a work contract with this employer?
are they paying their corresponding social security contributions for your husband?

in any case,
your husband can work 8 hours a day, even if the boss tells him to stay longer, until the boss just fires him.
he can be harassed by the boss and his followers, though.

go to the tesoreria de seguridad social or the juzgado de lo social and explain to them what is happening so they can investigate and send inspectors.
talk to a lawyer so you can get better advice.

Great words Aritz, exactly what I was going to say.

Asiya, I hope you two figure this out. It sounds like a really tough situation. I’m sure it’s weighing on both of you heavily. Hopefully Aritz’s advice helps.

Thanks a Lot for both reply…..

I am thankful for you time and advice.

aritz

yes my husband have a 2 year residence card and work permit.
yes he have a work contract with this employer? for 8 hours
yes are they paying their corresponding social security contributions for my husband but the tax paying is for 8 hours only.

is there any diffrence if a person quit job or gets fired. the money employer pays (fenkito) depends on the status ??

My husband is legally working for 2.4 years (tax paying to Govt) can we apply for paro ???

asiya,

if your husband quits,
he cannot apply for the paro subsidy.

if your husband gets fired,
he gets indemnizacion from the employer,
and he can apply for the paro subsidy.

remember

go to the tesoreria de seguridad social or the juzgado de lo social and explain to them what is happening so they can investigate and send inspectors.
talk to a lawyer so you can get better advice.

thanks a Billion 😊 you are a real help