Key Benefits:
Second transient disposition. Non-involvement of the new amount of the inter-professional minimum wage in the references contained in non-state rules and private relations.
1. Given the exceptional nature of the increase established by this royal decree, the new amounts of the inter-professional minimum wage that are established will not be applicable:
(a) To the rules in force at the date of entry into force of this royal decree of the autonomous communities, of the cities of Ceuta and Melilla and of the entities that make up the local administration that use the minimum wage interprofessional as an indicator or reference of the level of income to determine the amount of certain benefits or to access certain benefits, benefits or public services, unless otherwise expressed in the way autonomous communities, the cities of Ceuta and Melilla or the entities that make up the Local administration.
(b) To any contracts and covenants of a private nature in force at the date of entry into force of this royal decree using the minimum inter-professional salary as a reference to any effect, unless the parties agree the application of the new amounts of the inter-professional minimum wage.
2. In the cases referred to in the preceding paragraph, unless otherwise provided or otherwise agreed, the amount of the inter-branch minimum wage shall be referred to during 2017 as referred to in Royal Decree 1171/2015 of 29 December 2015. for the following years at the same percentage as the increase in the public multi-purpose income indicator (IPREM).
3. The provisions of the above paragraphs are without prejudice to the need to amend the salaries established in contracts or covenants of a lower private nature as a whole and in annual calculation of the minimum wage amounts (a) the amount of time required to ensure that such amounts are collected, the rules on compensation and absorption laid down in Article 3 being applied.
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 2017 to 31 December 2017, as a result, the payment of the minimum wage in the same established with effect from 1 January 2017.
Given in Madrid, on December 30, 2016.
FELIPE R.
The Minister of Employment and Social Security,
FATIMA BANEZ GARCIA
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, which in no case can be considered an annual amount less than EUR 9,907,80.
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 33.51 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 made in accordance with Article 38 of the recast of the Law on 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 temporary workers and which includes all the remuneration concepts, the minimum wage of such household employees shall be EUR 5,54 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.
First transient disposition. Rules for the payment of the new amount of the inter-professional minimum wage in collective agreements.
1. The amounts of the minimum inter-professional salary set out in Royal Decree 1171/2015 of 29 December 2015, unless the legitimate parties agree to the application of the new amounts of the minimum inter-professional salary and the nature of the Exceptional from the increase established by this royal decree, will continue to apply during 2017 to the collective agreements in force at the date of entry into force of this royal decree that use the minimum wage interprofessional as reference to determine the amount or increase of the basic salary or salary supplements.
2. Where the validity of those agreements exceeds 2017, unless otherwise agreed, the amount of the inter-branch minimum wage shall be understood as referring, for the following years, to the one set out in Royal Decree 1171/2015 of 29 December 2015. according to the inflation objective of the European Central Bank.
