In compliance with the mandate to the Government to set annually the minimum inter-professional salary, contained in article 27.1 of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995, On 24 March, it is necessary, by means of this Royal Decree, to establish the new amounts to be applied from 1 January 2003, both for fixed and temporary workers, as well as for staff members. family home service.

The new amounts, which represent an increase of 2 percent from those of 2002, are the result of taking into account all the factors mentioned in the aforementioned article 27.1: the price index consumption, the national average productivity achieved, the increase in the participation of labour in national income and the general economic situation. In particular, the objectives of the government in the field of inflation containment and wage moderation have been taken into account, so that it is possible to continue contributing to the strengthening of the generation process in 2003. of employment in Spain since 1996.

In its virtue, the previous consultations with the trade unions and the most representative business associations, on the proposal of the Minister of Labour and Social Affairs and after deliberation of the Council of Ministers in their meeting of the day 27 December 2002,

D I S P O N G O:

Article 1.

The minimum wage for any activities in agriculture, in industry and in services, without distinction of sex and age of workers, is set at 15.04 euros/day or 451.20 euros/month, depending on the salary of the worker. fixed for days or months.

In the minimum wage, both the pay in money and in kind are computed. This salary is understood as referring to the legal working day in each activity, not including in the case of the daily wage the proportional share of Sundays and holidays. If the day is lower, it shall be charged pro rata.

For the annual calculation of the minimum wage, the rules on compensation that are set out in the following articles will be taken into account.

Article 2.

The minimum wage referred to in Article 1 shall be added, serving as a module, where appropriate, and as laid down in the collective agreements and contracts of employment, the salary supplements referred to in the Article 26 (3) of the Staff Regulations, as well as the amount corresponding to the guaranteed increase in the salary on time in the remuneration at premium or with incentive to production.

Article 3.

For the purposes of applying the last paragraph of Article 27.1 of the Workers ' Statute, in terms of compensation and absorption in annual accounts for the professional salaries of the increase in the minimum inter-professional salary, proceed as follows:

1. The revision of the inter-professional minimum wage laid down in this Royal Decree shall not affect the structure or the amount of the professional salaries which the employees would receive when such salaries as a whole and in annual accounts were higher than that minimum wage.

For such purposes, the minimum annual calculation wage to be taken as a comparison shall be the result of adding to the minimum wage set in Article 1 of this Royal Decree the accruals referred to in Article 2, without in any case being considered an annual amount of less than EUR 6,316,80.

2. These perceptions are compensable with the income which for all the concepts came from the workers in annual computation and full time according to legal or conventional norms, arbitration awards and individual contracts of work in force on the date of enactment of this Royal Decree.

3. The legal or conventional rules and the arbitral awards that are in force at the date of enactment of this Royal Decree will subsist in their own terms, without any modification that is necessary to ensure the perception of the amounts in annual accounts resulting from the application of paragraph 1 of this Article, and consequently the professional salaries below the annual total indicated in the amount necessary to be equated with it shall be increased.

Article 4.

1. Temporary workers whose services to the same undertaking do not exceed one hundred and twenty days shall, in conjunction with the minimum wage referred to in Article 1, receive the proportion of the remuneration on Sundays and (a) public holidays, as well as the two extraordinary bonuses which, at least, every worker is entitled to, corresponding to the 30-day salary in each of them, without in any case the amount of the professional salary less than EUR 21.37 per legal day in the activity.

With regard to the remuneration of the employees ' holidays referred to in this Article, those workers shall, in conjunction with the minimum inter-professional salary set out in Article 1, receive the proportional to that corresponding to the minimum legal holidays in the cases where there was no coincidence between the period of enjoyment of the holiday and the duration of the contract. In other cases, the remuneration for the holiday period shall be made in accordance with Article 38 of the Staff Regulations and other implementing rules.

2. According to Article 6.5 of Royal Decree 1424/1985, of 1 August, which takes as a reference for the determination of the minimum wage of the employees of household who work for hours the set for casual and seasonal workers, the Minimum wage of such household employees shall be EUR 3,51 per hour effectively worked.

Final disposition first.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State" and shall take effect during the period from 1 January to 31 December 2003, result, the payment of the minimum wage in the same established with effect from 1 January 2003.

Final disposition second.

The Minister of Labour and Social Affairs is authorised to lay down the implementing and development provisions of this Royal Decree.

Given in Madrid on December 27, 2002.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDO ZAPLANA HERNANDEZ-SORO