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Royal Decree 44/1993, Of 15 January, By Which Fixes The Minimum Professional Wage For 1993.

Original Language Title: Real Decreto 44/1993, de 15 de enero, por el que se fija el salario mínimo interprofesional para 1993.

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TEXT

In compliance with the mandate to the Government to set the minimum inter-professional salary annually, contained in Article 27.1 of Law 8/1980 of 10 March of the Staff Regulations, it is necessary, by means of this Royal Decree, to establish the new amounts to be applied from January 1, 1993, for both permanent and temporary workers, as well as for the staff at the family home service.

The new amounts, which represent an increase of 4 per 100 compared to those of 1992, are the result of taking into account all the factors referred to in Article 27 (1) together with the price index. consumption, the national average productivity achieved, the increase in the share of work in national income and the general economic situation, taking into account, in particular, the objective of containment of the inflation pursued by the Government and the unfavourable economic situation for 1993.

This Royal Decree maintains in full for 1993 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 In the case of the elderly or under 18 years of age, this last age wage differentiation takes the principle of equal pay equal pay, so that its implementation takes place in the light of the realization by young workers of a job which involves an experience and a lower intensity of effort than those who carry out older workers.

Consequently, prior consultations with the most representative trade union organisations and employers ' associations, on a proposal from the Minister for Labour and Social Security and after deliberation by the Council of Ministers at their meeting on 15 January 1993,

DISPONGO:

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: 1,951 pesetas/day or 58,530 pesetas/month, depending on whether the salary is fixed for days or months.

2. Workers under the age of 18: 1.289 pesetas/day or 38,670 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 lower day is realized, prorrata will be collected.

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 modules, where applicable, and as laid down in the Collective Agreements or Sectoral Rules:

The personal allowances of seniority, both of the expired periods and of those that expire after 1 January 1993.

Periodic maturity add-ons higher than month, such as extraordinary pagas or profit sharing.

The plus of distance and the plus of public transport.

Job supplements, such as those for Nocturnity, Penosity, Toxicity, Danger, Dirty Jobs, Shipping and Navigation.

The amount corresponding to the guaranteed increase over the salary on time in the remuneration at premium or with incentive to the production.

Add-ons of residence in the island provinces and in the cities of Ceuta and Melilla.

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.

To such effects the minimum wage in annual computation that will be taken as a term of comparison 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 considered an annual amount less than 819,420 or 541,380 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 come to be perceived by the workers in annual computation and full day according to regulatory norms, collective agreements, arbitration awards, contracts individual work, and any legal provisions on wages in force at the date of enactment of this Royal Decree.

3. The collective agreements, sectoral rules, arbitration awards and legal provisions relating to the salary, which are in force at the date of enactment of this Royal Decree, will subsist in their own terms without any modification is necessary to ensure the collection of the quantities in annual accounts resulting from the application of paragraph 1 of this Article, and the professional salaries below the annual total indicated in the amount necessary to be equated to this.

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 daily amounts of the professional salary be less than:

a) Workers since eighteen years: 2,773 pesetas per legal day in the activity.

b) Workers under the age of 18: 1,832 pesetas per day legal 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 this, corresponding to the minimum legal holidays in the cases where there was no coincidence between the period of holiday enjoyment 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 the Home 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: 454 pesetas per hour effectively worked.

b) Workers under the age of eighteen: 300 pesetas per hour effectively worked.

Final disposition first.

This Royal Decree will take effect during the period from 1 January 1993 to 31 December 1993, and consequently the minimum wage will be paid in the same established with effect from 1 January 1993. 1993.

Final disposition second.

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

Given in Madrid on January 15, 1993.

JOHN CARLOS R.

The Minister of Labour and Social Security,

LUIS MARTINEZ NOVAL