You have a job, you get paid (sometimes in cash) and there is no contract or registration. Many people think that without papers they cannot claim anything. The law says the opposite: a contract is presumed to exist when someone works for another in return for pay, and the duty to register you is the company’s, not yours. The difficulty is usually proving what you did, not having the right to claim.
The law presumes a contract even if you never signed one
Article 8.1 of the Estatuto de los Trabajadores (Workers Statute) says an employment contract can be made in writing or verbally, and that it is presumed to exist between anyone who provides a service on behalf of, and within the organisation and direction of, another and the person who receives it in return for pay.
So you do not need a piece of paper to be an employee. You need to be able to show three things: that you work for someone else, that you follow their instructions and that you are paid for it.
The company must register you, and you can ask for it too
Under article 139.1 of the Ley General de la Seguridad Social (General Social Security Act), employers must apply for the affiliation of the workers who join them and report their start so that they are registered (alta). If they do not, article 139.2 lets the worker request affiliation, registration or de-registration directly from the competent Social Security body. Article 16.4 adds that the administration can do it on its own initiative if, from the data it holds or from a Labour Inspectorate action, it finds the duty has been breached.
Requesting your registration yourself does not cost you any rights. It keeps the company’s liabilities alive (article 16.3): payment of benefits at its expense and the penalties that apply.
Not registering a worker is a serious infringement with fines of up to €12,000
The Ley de Infracciones y Sanciones en el Orden Social (LISOS) classes as serious, in article 22.2, “failing to request the initial affiliation or registration of workers who join its service”, or requesting it late as a result of an inspection. One infringement is counted for each worker affected.
Article 40.1.e sets the fines:
| Grade | Fine |
|---|---|
| Minimum | €3,750 to €7,500 |
| Medium | €7,501 to €9,600 |
| Maximum | €9,601 to €12,000 |
If several infringements of this type are found in the same inspection, the penalty for each is increased by between 20% (two workers) and 50% (five or more), with a ceiling of €12,000 per infringement.
There is a more serious aggravating case: if the company employs someone who receives a pension or other benefit that is incompatible with work without registering them first, it is a very serious infringement (article 23.1.a).
Without registration you lose contributions, and the company bears the risk
Every month without contributions is a month that does not count towards your pension, sick pay or unemployment benefit (paro). That is why it is worth regularising things quickly. Article 167.2 of the General Social Security Act provides that breaching the duties of affiliation, registration and contributions leads to liability for the payment of benefits. How that liability is shared for each benefit depends on regulations not covered in this article; check it with a union or an employment lawyer.
You can see which months are recorded by requesting your vida laboral.
An example with numbers: the gap against the minimum wage
Ismael worked 8 months full-time in a shop, without a contract, paid €900 a month in cash. The 2026 minimum wage (Royal Decree 126/2026) is €1,221 a month in 14 payments, that is €1,424.50 a month with extra pay spread across the year.
If the reason for temporary employment or a succession of contracts is in doubt, check when a temporary contract becomes permanent in Spain.
| Item | Calculation | Result |
|---|---|---|
| Minimum for 8 months | 1,424.50 × 8 | €11,396 |
| Paid | 900 × 8 | €7,200 |
| Difference to claim | 11,396 − 7,200 | €4,196 |
The collective agreement (convenio) may set a salary above the minimum, in which case the difference would be larger. And if the hours were part-time, the minimum is paid pro rata (article 1 of the decree). More figures in minimum wage 2026 in Spain. On interest, article 29.3 of the Statute sets late-payment interest of ten per cent of the amount owed.
How to gather proof without a contract
- Messages and emails where you are given orders, hours or shifts.
- Proof of payment: transfers, Bizum or receipts. Cash payments are harder; note dates and amounts.
- Witnesses: colleagues or customers who saw you work.
- Workplace items: uniform, keys, card, system access, photos.
- A copy outside the company’s phone of all of the above.
With that, the judge decides whether there was an employment relationship. In practice the burden of showing it falls on you, even though the law presumes it.
Why your case may be different
- If it has been days, not years. It may be faster to regularise things by talking to the company than to report it. It depends on the relationship and how much you want the job.
- If you have been dismissed verbally. The deadline to challenge is 20 working days (article 59.3), even without a contract. See verbal dismissal in Spain and the conciliation request.
- If your immigration or residence situation is irregular. This guide does not settle that case; get advice from a union or a specialist organisation before reporting anything.
- If the company cannot or will not pay. See FOGASA and unpaid wages.
Practical steps
- Write to the company asking for your registration and a written contract. Keep the reply.
- If it does not react, you can request your registration with Social Security yourself.
- Gather the evidence and note dates, hours and the amounts you were paid.
- Claim the wages in writing. Remember the general one-year limit in article 59.
- Go to a union, an employment lawyer or the Labour Inspectorate before letting deadlines pass.
This page is general information. If deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.