Work will fine 7,500 euros pay less than the minimum interprofessional salary

Work will fine 7,500 euros pay less than the minimum interprofessional salary

With the repeal of decree “buse” the Up of the minimum interprofessional salary (SMI) of 2024 It has been without effect, so it should reduce to levels of 2023, when it was set at 1,080 euros per month in fourteen still pays. Even so, all workers will continue to charge the 2024 SMI set at 1,134 euros and those who do not comply with these regulations may be sanctioned. Thus, the Secretary of State for Labor, Joaquín Pérez Rey, explained that The Labor Inspection will be alert and will fine all companies that pay less than the 2024 SMI to their workers.

Speaking to La Sexta, the Secretary of State for Labor has explained that the General Directorate of Labor has issued an instruction by which, “in all cases”, workers must charge at least the 2024 SMI, it is Say 1,134 in fourteen payments and 1,323 if they are in twelve payments, either for new or old contracts.

He Minimum wage is guaranteed both by the Spanish Constitution in its article 27 as for him Workers Statutewithout leaving aside, the European Social Charter, signed by Spain, determines that the SMI has to be equivalent to 60% of the average salary. Joaquín explains that “Both constitutional reasons and for reasons related to the international treaties that Spain has signed, continue to respect in full, in all cases and in all circumstances, the minimum interprofessional salary“And continue”The last time we have updated 60% of the average salary in our country was last year and resulted in 1,134 euros. Therefore, any business attempt, any new hiring that wants to be below 1,134 euros can be investigated for the inspection and even, where appropriate, of sanction

Therefore, it is not possible to pay less of current minimum wage, in addition to doing so, it would entail sanctions and fines to the company that try to skip this standard.

Sanctions of up to 7,500 euros for each worker

The Law on Infractions and Sanctions in the Social Order (smooth), collected in the Royal Legislative Decree 5/2000, of August 4(consultable in this official state newsletter), regulates sanctions related to labor breaches, including the payment of salaries below the minimum interprofessional salary (SMI).

Article 7 of Royal Decree 5/200 | Photo: BOE

In its article 7.10, it establishes that it constitutes a serious infraction “Failure to comply with salary rules”which includes not respecting the payment of the SMI set annually by the Government. For the current year, this minimum wage is established in 1,134 euros monthly gross in fourteen payments.

Article 7.10 of Royal Decree 5/200 | Photo: BOE
Article 7.10 of Royal Decree 5/200 | Photo: BOE

Therefore, companies or employers who do not comply with this obligation will incur a serious infraction. The sanctions contemplated in this case apply For each affected workerwith fines that range between 751 and 7,500 eurosdepending on the seriousness of the breach, the number of affected workers and other aggravating factors.

Up of the minimum interprofessional salary in 2025

The Ministry of Labor is already hands to “accelerate everything possible” and get the increase in the minimum wage in 2025. In principle, this Wednesday will have the meeting to “culminate with approval as soon as possible the minimum wage by 2025” explains Joaquín Pérez.

Work wants the SMI to rise 4.4% to comply with the recommendation of the European Social Charter, which always seeks to place in the “Spanish minimum wage is located in 60% of the average salary”. That is to say, move from 1,134 to 1,184, a 50 euros rise. CEOE does not see it with good eyes and propose a 3%rise, about 1,168 euros. In spite of the reluctance, the Secretary of State for Labor has asked for “tranquility”, since the Ministry of Labor will do nothing that can have a negative impact on the workers’ salary.