The Omnibus decree lying in Congress by the PP and Juns annulled the rise in pensions, but also generated a great legal insecurity in multiple measures it contained. One of them is the minimum interprofessional salary (SMI), whose extension of the amount of 2024 was also annulled. Given the interpretations that this situation Leave Spain without minimum wage since this ThursdayWork has launched an instruction, to which eldiario.es has had access, which aims to shield it at the conclusion that the salary floor of 1,134 euros of 2024 is still valid. In addition, he warns that the Labor Inspection will monitor this compliance.
Work recognizes that the Government has the legal mandate to establish the minimum wage every year, a situation that is pending by 2025 since the Executive is still negotiating the rise with the unions and the employers. Therefore, he had extended the amount of 2024 in the Omnibus decree.
However, the instruction, signed by the general director of Labor, María Nieves González García, argues that “it would be contrary to the basic principles that order the labor regulations the disappearance of a legal land for the contracting for others.” That is, the disappearance of the minimum wage in Spain.
The department directed by Yolanda Díaz understands that this SMI armor is protected by national and international norms. From the Spanish Constitution, which recognizes the right of workers “to sufficient remuneration to meet their needs and those of their family”, to international standards such as the European Social Charter, which also shields this right to a “sufficient remuneration” .
Legal sources consulted by eldiaria.es have different interpretations about what impact can have the repeal of the extension of the 2024 SMI. While some consider that it can leave Spain in a temporary legal vacuum, without a minimum wage for a few days, others understand That the constitutional right to sufficient remuneration prevents Spain from staying without this salary soil.
In any case, several specialists consider that the government should approve a decree as soon as possible to set the amount of the minimum wage and end any doubt or possible legal vacuum.
Respect signed contracts and also in the new
The work instruction includes that, while the value of the SMI for 2025, “it is essential to understand, in view of the constitutional norms and international treaties signed by Spain”, which the minimum wage Interprofesional continues to deploy its effects, both in contracts already signed and in the new ones that are signed these days of “emptiness” without new amount of SMI.
Specifically, the document resolves that “the abrupt disappearance of the 2024 SMI extension does not affect the contracts already in force, which cannot reduce the amount of their salary,” he warns of work. These remuneration are already armored by the respect of the signed contract.
“With regard to the new hiring that occur in the brief period in which the 2024 SMI does not have an express extension and the new SMI for 2025 supplies, these should not take salary references lower than the SMI in force in 2024” , that is, the 1,134 euros gross per month, “since the constitutional mandates were previously reviewed, as well as the international treaties signed by Spain.”
The General Directorate of Labor adds that the setting of wages below the SMI of 2024 “would not be possible when it was a consequence of business” instruments such as “the substantial modifications of working conditions or the decoration of the agreements.”
The Ministry of Yolanda Díaz also warns that, as every year, it aims to approve the increase in the minimum wage corresponding to 2025 with retroactive effects since January 1, so shortly all signed contracts will be covered under this legislation. This idea was one of those that highlighted on Wednesday night the Secretary of State for Labor, Joaquín Pérez Rey, who sent a message of “tranquility” to the workers.
Labor Inspection Surveillance
The Ministry also warns the companies that are thinking of signing contracts below the SMI that it will launch to the Labor Inspection to preserve the right to this sufficient remuneration of the workers.
“It should be noted that it corresponds to the Labor and Social Security Inspection, as a public service, monitor compliance with the regulations of the social order, norms that recognize the rights of working people,” the instruction collects.
Among these rights, “to promptly perceive the agreed remuneration since it is not below the corresponding threshold at all times. Therefore, the aforementioned agency will proceed to verify the strict observance of this business obligation, ”
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