Situation
The foreign worker (3-year tenure) received a despido disciplinario without legal cause. The employer withheld salary for 4 months and, after dismissal, refused to pay indemnización and finiquito. Total debt: over €22,000. Reference: SMI 2026 — €1,221/month (RD 126/2026, +3.1% vs 2025; €17,094/year). Payment below the sectoral collective agreement minimum is an additional independent violation.
Solution
The dismissal was challenged as improcedente within 20 days. Non-payment evidence documented (bank statements, payslips, correspondence). Conciliation claim filed with SMAC, then demanda with the Juzgado de lo Social. Under Art. 54 ET: complete absence of written warnings and lawful disciplinary grounds.
Result
Labour Court declared the dismissal improcedente. Recovered: €12,800 back wages + €7,400 indemnización + €2,200 costas. Enforcement completed within 3 months.
