An illegal construction worker (without documents) managed to receive more than 20 thousand euros after being fired, even though he did not have a residence or work permit. The case, reported by Noticias Trabajo, a Spanish website specializing in legal and labor matters, generated debate in Spain and once again highlights a principle already recognized by the courts: labor rights apply to all workers, regardless of their documentation status.
According to the publication, labor lawyer Rafael Serrano explained the case on social media, highlighting that his client, “Lucas”, worked as a construction worker in Madrid and was fired after three months.
Serrano stressed that, despite Lucas not having documents, Spanish law *protects minimum labor rights.
Compensation and processing salaries total 21,463 euros
According to , the Juzgado de lo Social no. 10 in Madrid recognized the worker with €1,788.40 in compensation for unfounded dismissal, to which was added €19,674 relating to processing wages (amounts owed between the dismissal and the sentence).
The total amount amounted to €21,463. In Serrano’s words: “If you work for three months, get fired and end up receiving more than 21 thousand euros, it seems like a good economic result to me.”
The court confirmed that the dismissal was unfounded and that, despite the employee’s administrative situation, the company is not exempt from fulfilling employment obligations. In cases where readmission is impossible for material or legal reasons (e.g. irregular documentation status), Spanish jurisprudence allows compensation + processing salaries.
Labor rights apply regardless of documentation status
Organic Law 4/2000 is clear: the lack of authorization to work does not invalidate the contract regarding the worker’s rights. Thus, salary, proportional vacations and other credits can be claimed in court, even by those without documents.
Companies risk high sanctions
In addition to court convictions, employing foreigners without authorization constitutes a very serious offense, punishable by fines of €10,001 to €100,000 per worker, in accordance with the Foreigners Law.
And in Portugal?
The framework is different, but there is a common point: *the employer is not exempt from paying what is owed for the work performed, even if the worker is irregular. In Portugal, using the activity of a foreign citizen in an illegal situation is an administrative offense with relevant fines (art. 198.º-A of the Foreigners Law).
As for the typical protection of “illegal dismissal” (reinstatement/compensation for seniority), the courts have understood that, since the contract is null due to lack of title, this protection does not apply, only safeguarding salary and proportional credits due up to the declaration of nullity.
At European level, Directive 2009/52/EC guarantees that illegally employed third-country nationals can claim unpaid wages.
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