In fulfilment of the mandate to the Government to fix annually the national minimum wage, contained in article 27.1 of the law of the Statute of workers, consolidated text approved by Royal Legislative Decree 1/1995 of 24 March, comes by this Royal Decree to establish the amounts which must govern as of January 1, 2012, for the casual or seasonal workers both permanent workers , as well as for household employees.
The amounts for the year 2012 are the maintenance of existing ones during 2011, once taken into account jointly all the factors referred to in the aforementioned article 27.1 of the Statute of workers.
This responds to the difficult context economic current that advises the adoption of political wage during the year 2012 that can contribute to the objective priority of recovery economic and to the creation of employment.
This Royal Decree has been consulted most representative business associations and trade union organizations.
By virtue, on the proposal of the Minister of employment and Social Security, after deliberation by the Council of Ministers at its meeting of December 30, 2011, I HAVE: article 1. Amount of the wage minimum interprofessional.
The minimum wage for any activities in agriculture, industry and services, without distinction as to sex or age of employees, shall be fixed at 21,38 €per day or 641,40 euros per month, according to which the salary is fixed for days or months.
In the wage minimum is computes only the remuneration in money, without the wage in species can, in no case, give place to the deduction of the amount full in money of that.
This wage is understood to be referred to the legal workday in each activity, excluding in the case of the daily wage the proportional part of Sundays and public holidays. If is done day lower is paid to pro rata.
Rules about compensation set forth in the following articles shall be taken into account for the application on an annual basis of the minimum wage.
Article 2. Wage supplements.
To the wage minimum recorded in the article 1 is added, serving the same as module, in its case, and according to it established in them conventions collective and contracts of work, them complements wage to is concerns the article 26.3 of the Statute of them workers, text consolidated approved by Real Decree legislative 1 / 1995, of 24 of March, as well as the amount corresponding to the increase guaranteed on the wage full-time in the remuneration to prima or with incentive to the production.
Article 3. Compensation and absorption.
For the purposes of apply the last paragraph of the article 27.1 of the Statute of them workers, as regards compensation and absorption in computation annual by them wages professional of the increase of the wage minimum interprofessional is will proceed of it form following: 1. it review of the wage minimum interprofessional established in this real Decree not will affect to it structure or to the amount of them wages professional that came perceiving them workers when such wages in its joint and in computation annual they were higher than the minimum wage.
To such effects, the wage minimum in computation annual that is will take as term of comparison will be the result of add to the wage minimum set in the article 1 of this real Decree them accruals that is concerns the article 2, without in any case can consider is an amount annual lower to 8.979,60 euros.
2. these perceptions are compensated with income for all concepts came receiving workers on annual basis and full-time in accordance with legal or conventional rules, arbitration awards and individual employment contracts in force on the date of promulgation of this Decree.
3. them standards legal or conventional and them awards arbitration that is are in force in the date of enactment of this real Decree persist in their own terms, without more modification that which was necessary for ensure the perception of them amounts in computation annual that are of the application of the paragraph 1 of this article, must, accordingly be increased professional wages lower than the indicated annual total needed to match this amount.
Article 4. Workers casual and seasonal and employees of home.
1 casual workers and temporary workers whose services to the same company do not exceed of one hundred and twenty days shall receive, together with the minimum wage referred to in article 1, the proportional part of the reward of Sundays and public holidays, as well as the two extraordinary perks, as a minimum, every worker, corresponding to the salary of thirty days in each one of them has the right , without in any case the amount of the salary professional can be lower to 30,39 euros by day legal in the activity.
In regards to the remuneration of the holidays of the workers referred to in this article, these workers will receive, together with the national minimum wage set in article 1, based on the proportional this corresponding to the minimum legal holidays in the cases in that there is no correlation between the period of enjoyment of the holidays and the time of validity of the contract. In other cases, the remuneration of the holiday period shall be carried out in accordance with article 38 of the Statute of workers and other applicable regulations.
2. in accordance with the article 8.5 of the Real Decree 1620 / 2011, of 14 of November, by which is regulates the relationship labor of character special of the service of the home family, that takes as reference for the determination of the wage minimum of them employees of home that work by hours, in regime external, the set for them workers any and seasonal and employees of home and that includes all them concepts remuneration will the wages of such employees of home 5.02 euros per hour actually worked.
3. in the amounts of the minimum wage for days or hours laid down in the preceding paragraphs is computed only remuneration in money, while the wage in kind may, in any case, give rise to the deduction of the full amount in money of those.
First final provision. Room for the application and development.
The Minister of employment and Social Security is authorized to issue rules for implementation and development of this Royal Decree.
Available to finish second. Entry into force and period of validity.
This Royal Decree shall enter into force the day following its publication in the "official State Gazette" and will take effect during the period between January 1 and December 31, 2012, proceeding, as a result, the payment of the minimum wage in the same established with effect from January 1, 2012.
Given in Madrid, on December 30, 2011.
JUAN CARLOS R.
The Minister of employment and Social Security, MARIA FÁTIMA BÁÑEZ GARCIA