Advanced Search

Royal Decree 2474 / 1985, Of 27 Of December, By Which Fixes The Minimum Professional Wage For 1986.

Original Language Title: Real Decreto 2474/1985, de 27 de diciembre, por el que se fija el salario mínimo interprofesional para 1986.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

ARTICLE 27 OF THE WORKERS 'STATUTE DETERMINES THAT THE GOVERNMENT, AFTER CONSULTING THE MOST REPRESENTATIVE TRADE UNION ORGANIZATIONS AND EMPLOYERS' ASSOCIATIONS, WILL SET THE MINIMUM INTER-PROFESSIONAL SALARY ANNUALLY.

IN APPLICATION OF SUCH A RULE, THE MINIMUM INTER-PROFESSIONAL SALARY IS FIXED IN THIS ROYAL DECREE, WHICH SHALL HAVE EFFECT DURING THE PERIOD FROM 1 JANUARY 1986 TO 31 DECEMBER OF THE SAME YEAR.

FOR THE FIXING OF THE AMOUNT OF THE NEW MINIMUM WAGE, THE FACTORS LISTED IN THE AFOREMENTIONED STANDARD HAVE BEEN MET: CONSUMER PRICE INDEX, NATIONAL AVERAGE PRODUCTIVITY ACHIEVED, INCREASED PARTICIPATION IN THE LABOUR MARKET NATIONAL INCOME AND GENERAL ECONOMIC SITUATION. GIVEN THE OVERALL CONSIDERATION OF ALL THESE FACTORS, WHICH DOES NOT THEREFORE IMPLY THEIR AGGREGATION, IT HAS BEEN ESSENTIALLY TAKEN INTO ACCOUNT THAT THE EFFECTIVENESS OF THE NEW MINIMUM WAGE IS CONSISTENT WITH THE MACROECONOMIC FIGURES WHICH QUANTIFY THE MEDIUM-TERM ECONOMIC POLICY OBJECTIVES.

IN SUCH A LINE, THE INCREASE IN THE MINIMUM WAGE IS 8 PERCENT, A PERCENTAGE THAT AT THE PRESENT TIME COINCIDES WITH THE RATE OF INFLATION PROVIDED BY THE GOVERNMENT FOR 1986, AND IT SHOULD ALSO BE TAKEN INTO ACCOUNT THAT IT IS IN THE THE AVERAGE AREA OF THE WAGE BAND AGREED IN THE INTERFEDERAL AGREEMENT CONTAINED IN THE ECONOMIC AND SOCIAL AGREEMENT, ALL OF WHICH IS PART OF THE ACHIEVEMENT OF THE OBJECTIVES OF INFLATION CONTAINMENT AND GROWTH OF INVESTMENT, ACTIVITY AND EMPLOYMENT.

A NOVELTY OF THE PRESENT ROYAL DECREE IS ITS APPLICATION FOR THE FIRST TIME TO THE SCOPE OF THE FAMILY HOME SERVICE, REGULATED BY ROYAL DECREE 1424/1985, OF 1 AUGUST, PROCEEDING THUS FOR THE BEST APPLICATION OF SUCH A NORM TO DETERMINE THE CORRESPONDENCE OF THE INTER-PROFESSIONAL MINIMUM WAGE WITH THE REMUNERATION FOR WORKING HOURS IN SUCH A SPECIAL FIELD.

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF LABOUR AND SOCIAL SECURITY, HAVING CONSULTED THE TRADE UNIONS AND EMPLOYERS ' ASSOCIATIONS MORE REPRESENTATIVE, AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT THEIR MEETING OF THE DAY 27 DECEMBER 1985, AVAILABLE:

ARTICLE 1. MINIMUM WAGES FOR ANY ACTIVITY IN AGRICULTURE, IN INDUSTRY AND IN SERVICES, IRRESPECTIVE OF THE SEX OF WORKERS, ARE SET OUT IN THE FOLLOWING AMOUNTS:

1. WORKERS SINCE EIGHTEEN YEARS: 1,338 PESETAS DAY OR 40,140 PESETAS MONTH, DEPENDING ON WHETHER THE SALARY IS FIXED FOR DAYS OR MONTHS.

2. SEVENTEEN-YEAR-OLD WORKERS: 821 PESETAS DAY OR 24,630 PESETAS MONTH, DEPENDING ON WHETHER THE SALARY IS FIXED FOR DAYS OR MONTHS.

3. WORKERS UP TO SEVENTEEN YEARS: 517 PESETAS DAY OR 15,510 PESETAS MONTH, DEPENDING ON WHETHER THE SALARY IS FIXED FOR DAYS OR MONTHS.

IN THE MINIMUM WAGES OF THIS ARTICLE, THE REMUNERATION IN MONEY AND IN KIND IS CALCULATED.

ART. 2.R THE MINIMUM WAGES SET OUT IN ARTICLE 1. THEY ARE REFERRED TO THE LEGAL WORKING DAY IN EACH ACTIVITY, NOT INCLUDING IN THE CASE OF DAILY WAGES THE PROPORTION OF SUNDAYS AND PUBLIC HOLIDAYS. IF THE DAY IS LOWER, PRO RATA SHALL BE COLLECTED.

ART. 3. TO THE MINIMUM WAGES REFERRED TO IN ARTICLE 1. THEY SHALL BE ADDED, SERVING THEM AS A MODULE WHERE APPROPRIATE AND AS LAID DOWN IN COLLECTIVE AGREEMENTS OR SECTORAL RULES:

THE PERSONAL ALLOWANCES OF SENIORITY, BOTH IN THE PAST AND PAST PERIODS OF TIME AFTER 1 JANUARY 1986.

HIGHER-THAN-MONTH PERIODIC MATURITY SUPPLEMENTS, SUCH AS EXTRAORDINARY PAGAS OR PROFIT SHARING.

THE PLUS OF DISTANCE AND THE PLUS OF PUBLIC TRANSPORT.

THE ADDITION OF JOBS, SUCH AS THOSE OF NOCTURNAL, PENOSITY, TOXICITY, DANGER, DIRTY WORK, BOARDING AND NAVIGATION.

THE AMOUNT CORRESPONDING TO THE GUARANTEED INCREASE OVER THE SALARY ON TIME IN THE REMUNERATION AT PREMIUM WITH INCENTIVE TO THE PRODUCTION.

RESIDENCE SUPPLEMENTS IN THE ISLAND PROVINCES AND IN THE CITIES OF CEUTA AND MELILLA.

ART. 4. THE MINIMUM WAGES LAID DOWN IN ARTICLE 1, PLUS THE ACCRUALS REFERRED TO IN ARTICLE 3, ARE COMPENSABLE, IN ANNUAL ACCOUNTS, WITH THE INCOME WHICH, IN NORMAL WORKING TIME, AND BY ALL THE CONCEPTS, ARE PAID BY THE WORKERS ON THE BASIS OF REGULATIONS, COLLECTIVE AGREEMENTS, ARBITRATION AWARDS, INDIVIDUAL CONTRACTS OF EMPLOYMENT AND ANY LEGAL PROVISIONS ON WAGES IN FORCE TO THE DATE OF ENACTMENT OF THIS ROYAL DECREE.

ART. 5. COLLECTIVE AGREEMENTS, SECTORAL RULES, ARBITRATION AWARDS AND LEGAL PROVISIONS RELATING TO SALARY, IN FORCE TO THE ENACTMENT OF THIS ROYAL DECREE, WILL SUBSIST IN THEIR OWN TERMS WITHOUT ANY MODIFICATION OTHER THAN THAT WHICH IS NECESSARY FOR ENSURE THE COLLECTION OF MINIMUM WAGES IN ARTICLE 1. MORE THE ECONOMIC ACCRUALS OF ARTICLE 3. IN ANNUAL COMPUTATION.

ART. 6. ONE. 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 (1), RECEIVE THE PROPORTIONAL SHARE OF THE REMUNERATION OF SUNDAYS AND PUBLIC HOLIDAYS, AS WELL AS THE TWO EXTRAORDINARY BONUSES, WHICH AT LEAST HAVE EVERY WORKER ' S RIGHT, CORRESPONDING TO THE SALARY OF TWENTY-ONE DAYS IN EACH OF THEM, THUS APPLYING THE FOLLOWING RESULTS:

1. WORKERS SINCE EIGHTEEN YEARS: 1,821 PESETAS PER LEGAL DAY IN THE ACTIVITY.

2. SEVENTEEN YEAR OLD WORKERS: 1,117 PESETAS PER DAY LEGAL IN THE ACTIVITY.

3. WORKERS UP TO SEVENTEEN YEARS: 704 PESETAS PER DAY LEGAL IN THE ACTIVITY.

AS REGARDS THE REMUNERATION OF THE EMPLOYEES ' HOLIDAYS REFERRED TO IN THIS ARTICLE, THOSE WORKERS SHALL RECEIVE, IN CONJUNCTION WITH THE MINIMUM INTER-PROFESSIONAL SALARY SET OUT IN ARTICLE 1, THE PART OF THE PROPORTIONAL TO THIS CORRESPONDING TO THE MINIMUM LEGAL HOLIDAYS, IN THE ASSUMPTIONS THAT THERE WAS NO COINCIDENCE BETWEEN THE PERIOD OF ENJOYMENT OF THE HOLIDAYS 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.

TWO. IN ACCORDANCE WITH ARTICLE 6., 5, OF ROYAL DECREE 1424/1985 OF 1 AUGUST, WHICH TAKES AS A REFERENCE FOR THE DETERMINATION OF THE MINIMUM WAGE OF HOUSEHOLD EMPLOYEES WORKING FOR HOURS AS DETERMINED FOR CASUAL AND SEASONAL WORKERS, AND TAKING INTO ACCOUNT THE AMOUNT OF THE MINIMUM OVERTIME AND THE MAXIMUM WORKING DAY OF SUCH STAFF, THE MINIMUM WAGES CORRESPONDING TO ONE HOUR ACTUALLY WORKED SHALL BE AS FOLLOWS:

1. WORKERS SINCE EIGHTEEN YEARS: 289 PESETAS PER HOUR EFFECTIVELY WORKED.

2. SEVENTEEN YEAR OLD WORKERS: 178 PESETAS PER HOUR EFFECTIVELY WORKED.

3. WORKERS UP TO SEVENTEEN YEARS: 113 PESETAS PER HOUR EFFECTIVELY WORKED.

FINAL PROVISIONS FIRST. THIS ROYAL DECREE SHALL TAKE EFFECT DURING THE PERIOD FROM 1 JANUARY TO 31 DECEMBER 1986.

SECOND. THE MINISTER OF LABOR AND SOCIAL SECURITY IS AUTHORIZED TO MAKE THE NECESSARY PROVISIONS IN APPLICATION AND DEVELOPMENT OF THE PROVISIONS OF THIS ROYAL DECREE.

GIVEN IN MADRID ON DECEMBER 27, 1985.

JOHN CARLOS R.

MINISTER OF LABOR AND SOCIAL SECURITY JOAQUIN ALMUNIA AMANN