In compliance with the mandate to the Government to set the minimum inter-professional salary annually, contained in article 27.1 of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of 24 March, it is necessary, by means of this Royal Decree, to establish the new amounts to be applied from 1 January 1996 for both permanent and temporary workers, as well as for the staff to the family home service.

The new amounts, which represent an increase of 3.5 per 100 compared to 1995, are the result of taking into account all the factors referred to in Article 27.1: the price index for the 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 the moderation of wage incomes which are necessary for the Spanish economy to continue to register during 1996 have been taken into account. (a) to consolidate the process of economic recovery and job creation.

This Royal Decree maintains in full for 1996 the amendments introduced in 1990 to the legal system of the minimum wage, both as regards the establishment of a guarantee in annual terms of the salary minimum, with the inclusion for this of the computation of two extraordinary bonuses of thirty days of salary each, as for the maintenance of two single age brackets in the amount of the salary, according to the workers However, the present Royal Decree initiates a process of In the case of the Commission, the Commission has been able to draw up a proposal for a Council Regulation on the approximation of the provisions of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament the elderly, compared to the 66.1 per 100 it currently represents.

Consequently, prior consultations with the most representative trade unions and employers ' associations, on a proposal from the Minister for Labour and Social Security and after deliberation by the Council of Ministers at its meeting on 28 December 1995,

D I S P O N G O:

Article 1.

Minimum wages for any activity in agriculture, in industry and in services, without distinction of sex of workers, are set in the following amounts:

1. Workers since eighteen years: 2.164 pesetas/day, or, 64,920 pesetas/month, depending on whether the salary is fixed for days or months.

2. Workers under the age of 18: 1,674 pesetas/day, or, 50.220 pesetas/month, depending on whether the salary is fixed for days or months.

In the minimum wages of this article, both the pay in money and in kind are computed. These minimum wages are understood as referring to the legal working day in each activity, not including in the case of daily wages the proportional share of Sundays and public holidays. If the day is lower, the proportion shall be paid.

For the application in annual computation of these minimum wages, the rules on compensation that are set out in the following articles will be taken into account.

Article 2.

At the minimum wages referred to in Article 1, they 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 Article 1. Article 26 (3) of the Workers ' Statute, as well as the amount corresponding to the guaranteed increase in 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 respect of compensation and absorption in annual accounts for professional salaries for the increase of the inter-professional minimum wage 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 wage in annual computation that will be taken as a comparison term will be the result of adding to the minimum wages fixed in Article 1 of this Royal Decree the accruals referred to in the article 2, without in any case being regarded as an annual amount less than 908,880 or 703,080 pesetas, in the case of workers for eighteen years, or seventeen and sixteen years.

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. Casual and seasonal workers whose services to the same undertaking do not exceed one hundred

20 days shall be collected, together with the minimum wage referred to in Article 1, the proportional share of the remuneration of Sundays and holidays, as well as the two extraordinary rewards, at least: is entitled to every worker, corresponding to the 30-day salary in each of them, without in any case the amounts of the professional salary being less than:

a) Workers since eighteen years: 3,076 pesetas per legal day in activity.

b) Workers under the age of 18: 2.380 pesetas per day of legal 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 this, 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 determined for the casual and seasonal workers, the minimum wages for an effective time worked shall be as follows:

a) Workers since eighteen years: 504 pesetas per hour effectively worked.

b) Workers under the age of eighteen: 390 pesetas per hour effectively worked.

Final disposition first.

The Minister of Labour and Social Security is hereby authorized to lay down the implementing and development provisions of this Royal Decree.

Final disposition second.

This Royal Decree will take effect during the period from 1 January 1996 to 31 December 1996, and consequently the minimum wage will be paid in the same established with effect from 1 January 1996. 1996.

Given in Madrid at December 28, 1995.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ