There is an awkward answer: the Estatuto de los Trabajadores (Workers Statute) does not say “the company has X days to pay your finiquito”. What it has is a general duty to pay wages on time and a one-year limit to claim what has not been paid. You can do a lot with that, but it helps to know what protects you and what does not before you send the first email.
The law sets no number of days: it points to the agreed date
Article 29.1 of the Statute says wages must be settled and paid “punctually and in writing on the date and at the place agreed or according to custom”. It does not mention the finiquito (final settlement, the pay you are owed when the contract ends) or give a number of days. So the date in your case comes from three places:
| Where to look | What you may find |
|---|---|
| Your convenio colectivo (collective agreement) | Sometimes sets when final pay is settled |
| Your contract | A clause on the pay date, not common |
| Your company’s habits | The day you have always been paid |
The most common situation is that the company settles on its next payroll date. That is not a legal deadline; it is what usually happens and a reasonable reference when nothing else says otherwise. If your convenio sets a date, that beats custom.
What the Statute does require: a proposed settlement
Article 49.2 obliges the employer, when telling you the contract is ending or giving notice, to attach a proposed document setting out the amounts owed. It does not have to be perfect, but it must exist and give you a figure to compare.
If you are choosing to leave, check the notice period for resignation in Spain before fixing your leaving date, and put the date in writing with a resignation letter.
When you sign the receipt, you can ask for a legal workers’ representative to be present, and that is noted on the receipt itself. If something does not add up, how you sign matters: it is explained in signing the finiquito as “not in agreement”, and how the sums work in how to calculate your finiquito.
An example with dates: from the last payslip to the day you claim
Marta’s contract ends on Friday 30 October 2026. She has always been paid on the 5th of the following month. Her finiquito is €1,850 gross.
| Date | What happens |
|---|---|
| Friday 30 October 2026 | Last day of the contract |
| Thursday 5 November 2026 | Her usual pay date: the reasonable moment to expect the finiquito |
| Monday 9 November 2026 | Not paid: she sends an email with read receipt or a burofax (registered letter) asking for the €1,850 |
| Before 30 October 2027 | One year from the end of the contract: the maximum window to claim |
Marta has not worked out a “legal deadline” because there is none; she used her pay date as a reference and left a written record of the delay. That is what helps her most if a formal claim follows.
Late-payment interest is 10 % of the amount owed
Article 29.3 says late-payment interest on wages is ten per cent of the amount owed. In Marta’s case, 10 % of €1,850 is €185.
Two cautions. The article speaks of wages, so it fits the salary items of a finiquito (days worked, extra pay, holiday). The text does not make clear whether the ten per cent applies once or by period, and whoever prepares the claim decides that. Do not count the €185 as certain: ask for it in the claim and let a professional argue it.
You have a year to claim, but do not use it all
Article 59.1 provides that claims arising from the employment contract with no special time limit expire one year after it ends. That is a lot of room, but it is a different period from the 20 working days you have to challenge a dismissal: that one is in the deadline to challenge a dismissal and does not overlap with this one.
Claiming early has practical advantages. Payslips, emails and messages are fresh, the company still exists and the figure is easy to rebuild. As time passes it is harder to prove how many holiday days you had left or which extra payment was pending.
You do not need the finiquito to apply for paro
It is a common mistake to wait for the payment before doing the paperwork. The 15 working days to apply for the benefit run from the legal situation of unemployment (art. 268.1 of the General Social Security Act), not from when you get paid. There is one exception: if you have unused holiday that is paid in the finiquito, art. 268.3 postpones the start of the right until that period ends. It is covered in the article on unused holiday pay.
How to claim, in order
- Work out what you are owed. With your payslip and convenio, or with the final settlement calculator.
- Claim in writing. Burofax, or an email with read receipt, stating the amount and the date it should have been paid.
- Keep everything. Payslips, contract, termination letter, proof of sending.
- If there is no reply, get help. A union or employment lawyer can tell you how to frame the claim and whether to ask for the 10 % interest.
- If the company cannot pay, see whether FOGASA applies in employer who does not pay wages.
Why your case may be different
- Your convenio may have a specific date. If it says, for example, that final pay is settled on the last working day, that is your reference, not the payroll date.
- The way you left changes the picture. In a dismissal there is severance as well as the finiquito, and the deadlines to challenge it are different. See the settlement on dismissal.
- If the figure is disputed, claim in writing the part that is acknowledged and record the part you dispute. Signing “not in agreement” puts your disagreement on record.
- A company in insolvency proceedings changes who pays and how much, and a simple claim will not solve it.
This page is general information and does not replace professional advice. If deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.