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Module 7 of 7 · 20 min

Other deductions, net pay and how to claim

Free payslip course: read the module, review with the questions and move on to the next one. At the end, a test and a PDF certificate.

Module 7 of 7 · Course contents

What else can be taken off

  • Advances you already received against the month (Workers' Statute, article 29.1).
  • Value of goods received in kind: the car or the insurance appear as earnings (and are subject to contributions and tax) and are taken off here because they are not paid to you in money.
  • Court or administrative garnishments. Salary up to the minimum wage (SMI) cannot be garnished (Civil Procedure Act, article 607.1). Anything above the SMI is garnished by bands: 30 % up to twice the SMI, 50 % up to three times, 60 % up to four times, 75 % up to five times and 90 % of the rest (article 607.2). For family responsibilities the court can lower those percentages by 10 to 15 % (607.4), and the scale is applied to the net, after Social Security and IRPF have been deducted (607.5).
  • Other deductions: union dues if you asked for them, company loans, staff meals.

Net pay and signature

Net pay (líquido total a percibir) = total earnings − total deductions. That is what must reach your account. The «recibí» on the model acknowledges receipt of the payslip and of the amount.

If something does not add up

  • Compare your category and base salary with the tables of your collective agreement; check that overtime matches the working-time record and that the extra payments are there (spread or separate).
  • Check your contribution bases in the Social Security report: the company must report to the Treasury every item it pays you (LGSS, article 147.3).
  • Ask for the correction in writing. If they do not pay or pay late, late-payment interest is 10 % (Workers' Statute, article 29.3) and you can claim in the labour court: amounts become time-barred after one year from when you could have claimed them (article 59.2).
  • If the company is insolvent, FOGASA pays unpaid wages recognised in conciliation or by judgment, up to twice the daily SMI per day owed and a maximum of 120 days; you have one year to apply (articles 33.1 and 33.7).
In practiceFor six months you have been paid €40 less than your agreement's table. Ask for the difference in writing with the payslips and the table; if they do not answer, file the conciliation request before one year has passed since each month's pay. A labour adviser, an employment lawyer or your union can do it with you.

Source: Ley de Enjuiciamiento Civil (Ley 1/2000; Civil Procedure Act, consolidated text, in Spanish), article 607 · Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015; Workers' Statute, consolidated text, in Spanish), articles 29.3, 33 and 59 · Orden ESS/2098/2014, modelo de recibo individual de salarios (payslip model, in Spanish), annex, section II (deductions) and net pay

Quick review

Check that you've understood. These are questions from the final test: tap an answer to see whether it's right and why.

What part of the salary cannot be garnished?

If you are owed wages, when does the claim become time-barred?

If the company is insolvent, how many days of unpaid wages does FOGASA pay at most?

Module practice test

6 new questions, different from the final test. Tap an answer to see whether it is right, why, and which rule it comes from.

1. Salary band between twice and three times the SMI: what percentage is garnished?

2. Can the court lower the garnishment percentages for family responsibilities?

3. What amount is the garnishment scale applied to if the salary carries Social Security and IRPF deductions?

4. How is net pay worked out?

5. What must the company report to the Social Security Treasury every month?

6. Within what period does the right to claim from FOGASA the wages recognised in conciliation or by judgment expire?

Course contents