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, this royal decree establishes the amounts to be applied from 1 January 2013, for both permanent and temporary workers, as well as for the employees of the household.

The new amounts, which represent an increase of 0.6 percent from 1 January to 31 December 2012, are the result of taking into account all factors together. referred to in Article 27.1 of the Staff Regulations.

This increase responds to the current difficult economic context that requires the adoption of wage policies during the year 2013 that can contribute to the priority objective of economic recovery and job creation; but, at the same time, recognition of the need for improvement, following the maintenance of the amounts decided for 2012. The increase is also in line with the guideline that for the increase in salaries in 2013 includes the II Agreement for Employment and Collective Bargaining signed by the social partners for the years 2012, 2013 and 2014.

This royal decree has been consulted to the most representative trade union organizations and associations.

In its virtue, on the proposal of the Minister of Employment and Social Security and after deliberation of the Council of Ministers at its meeting of 28 December 2012,

DISPONGO:

Article 1. Amount of the interprofessional minimum wage.

The minimum wage for any activities in agriculture, in industry and in services, without distinction of sex or age of workers, is fixed at 21.51 euros/day or 645.30 euros/month, according to the salary this fixed for days or months.

In the minimum wage, only the remuneration in money is computed, without the salary in kind, in any case, giving rise to the minorisation of the amount of the amount in money of that.

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. Wage supplements.

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 Article 1. Article 26 (3) of the Staff Regulations, recast text approved by Royal Legislative Decree 1/1995 of 24 March, 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. Compensation and absorption.

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 are 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 less than EUR 9,034,20.

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 this Article shall be increased.

Article 4. Casual and seasonal workers and household employees.

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 30,57 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 carried out in accordance with Article 38 of the Staff Regulations and other implementing rules.

2. According to Article 8.5 of Royal Decree 1620/2011 of 14 November, which regulates the employment relationship of a special nature of the family home service, which it takes as a reference for the determination of the minimum wage of the family household employees working for hours, on an external basis, that fixed for casual and seasonal workers and household employees and which includes all the remuneration concepts, the minimum wage of such household employees shall be EUR 5,05 per hour effectively worked.

3. The amounts of the minimum wage for days or hours set out in the preceding paragraphs only account for the remuneration in money, without the salary in kind being able, in any case, to give rise to the minorisation of the amount of money in those.

Final disposition first. Enablement for application and development.

The Minister of Employment and Social Security is authorised to lay down the implementing and development provisions of this royal decree.

Final disposition second. Entry into force and period of validity.

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 2013, consequence, the payment of the minimum wage in the same established with effect from 1 January 2013

Given in Madrid, on December 28, 2012.

JOHN CARLOS R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA