Working withought a residency or work permit
Although you don’t have a Residency or Work permit, you have the same labour rights as any other worker. Surely the company or person who contracted you will try to take advantage of your situation, so that you don’t reclaim your rights and force them to accept anything. They will threaten you saying they are going to denounce you, that they are going to the police, that they are going to expell you, that they are going to fine you for working without papers.
The businessman WILL NOT DENOUNCE YOU. For a simple reason that the only person who can be fined or denounced is him if administration finds out that they have people working withoug papers. The people can denounce crimes, but to not have a Residency permit is not a crime, it is an administrative infraction. But that the business takes advantage of your irregular situation to not respect your rights is a crime: among others a crime against the workers.
If you don’t have a residency permit, but can demonstrate that you have work, that is, that you have lived in the State for two years and have been working for six months you can Temporary residency authorization. We have said, you have the same rights as the rest of the workers and you can reclaim that they recognize your labbour and also your rights (the same salary, time of work, breaks, vacations…) Remember that it is better to reclaim it while you are working and not after they have fired you, since it will be much easier to demonstrate your labour relation. If the company which fires you after you have denounced them, the firing will be null and void.
To reclaim your rights or to regularize your work situation, it is improtant that you can demonstrate To reclamim your rights or to normalize your you working situation, it is importantant that you can demonstrate that you work for this business or person:
– Seek help, to know what are your options and the best path to follow in any moment.Go to the trade union.
– Seek witnesses: other workers, clients… that they are people you confide in and trust.
– Save all of your communications written by the business: time schedules, emails, whatsapp…
– You can record conversations with your boss without them knowing it (for example, with a telephone), that they are conversations in which it is clear that you are working and that you want them to make you a contract an that they put you on Social Security. These conversations can be used in court, if you take part in them even if the other person doesn’t know that you have recorded them.
