The issue of labor rights for undocumented workers has gained prominence in Spain, especially because many still believe that the lack of a residence or work permit prevents them from demanding what the law guarantees them. In practice, Spanish labor legislation applies to anyone who carries out a professional activity, regardless of their administrative status, and it is precisely this point that several lawyers have sought to clarify. In this specific case, an undocumented worker was fired and ended up receiving compensation.
In recent months, lawyer from the same country Rafael Serrano has explained this topic through several real cases. In one of the videos he published, he reported the situation of a construction worker who worked without documents in Madrid and who ended up receiving 1,788.40 euros in compensation for unfounded dismissal, in addition to 19,674 euros in wages that he should have received from the day he was dismissed until the court decision.
The case went viral because the worker had only three months of service when he was fired, but ended up raising more than 21 thousand euros, according to Spanish digital newspaper Noticias Trabajo.
Serrano even shows the ruling of Juzgado de lo Social number 10 in Madrid, stressing that this is not his opinion, but rather the court’s clear interpretation of labor rights, regardless of the worker’s nationality or legal documents.
Equal rights for everyone in Spain
The lawyer highlights that this example demonstrates something essential: all workers, whether they have been with the company for a short or long time, whether or not they have a residence permit, maintain the same labor rights provided for in the Workers’ Statute. Among these rights is the so-called finiquito (final settlement of accounts in Portugal), which many dismissed people do not receive.
This so-called finiquito corresponds to all amounts outstanding at the time the contract ends, including untaken vacations, days worked not yet paid, overtime or part of extraordinary payments. In Spain, there is a period of one year to claim these amounts, even if the dismissal was disciplinary, according to .
If the Spanish case had happened in Portugal, the legal treatment would be similar, since the protection of the rights of illegally staying foreign workers is clearly provided for in Portuguese law. National legislation establishes that anyone carrying out work has guaranteed rights, regardless of their documentation status.
The Labor Code (Law No. 7/2009) does not distinguish between documented and undocumented workers. In Portugal, any worker would always have the right to receive all days worked, proportional vacation and Christmas payments, unused vacations and all amounts related to overtime.
In the case of an unfounded dismissal, the law considers it unlawful, allowing compensation and interim payments to be claimed until the sentence, as in the Spanish case.
Foreigners Law: aggravated liability of the employer
The Foreigners Law (Law No. 23/2007) reinforces that the employer remains obliged to fulfill all work obligations even if the worker is in an irregular situation. Furthermore, hiring undocumented workers constitutes a serious offense, subject to fines and additional sanctions.
The Working Conditions Authority (ACT) also confirms that the documentary status does not eliminate rights. In the event of a complaint, ACT can act immediately, demand payment of what is missing and initiate proceedings against the employer.
Illegal dismissal: what would be decided in court
In a scenario similar to Madrid, the worker could appeal to the Portuguese court and claim compensation for unlawful dismissal and wages from dismissal until the final decision, as provided for in articles 389 and 390 of the Labor Code. All remaining outstanding amounts would be equally due.
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