Remarks: On November 11th, 2011 it has been approved a Royal Decree regulating the special labour relation of domestic workers, aimed to renew and modernize the current legislation applying for this category of workers. This Royal Decree will address among others, issues on minimum wage rates, in kind allowances payments, extraordinary payments, daily rest period, etc. The new domestic workers legal framework will be enforced from January 1st, 2012, and the provisions have been already included in the Database.
SOURCES
Name of Act
Royal Legislative Decree No. 5/2000, on Offenses and Penalties in the Social Order of August 4 2000 ( Ley sobre Infracciones y Sanciones en el Orden Social, aprobado por el Real Decreto Legislativo 5/2000, de 4 de agosto) as amended up to Royal Decree 306/2007 of 2 March 2007, Boletin Oficial del Estado No.67, March 19, 2007 pages 11749-50.
Spanish National Constitution, (Constitución Española de 27 de diciembre de 1978, Modificada por Reforma de 27 de agosto de 1992) of 29 December 1978 as amended up in 27 August 1992
Royal Decree No. 1/1995 enacting the Worker´s Charter, of 24 March 1995 as amended up to Law 35/2010 of 17 September of urgent measures to reform the labour market (Real Decreto Legislativo 1/95 de 24 de marzo 1995, Boletín Oficial del Estado No. 75/1995, 29 marzo 1995, Texto refundido de la Ley del Estatuto de los Trabajadores con las normas modificadoras de la Ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo).
Remarks: This Decree applies to all categories of workers in the private sector. Art.1
Name of Act
Royal Decree No.1795/2010 fixing Minimum Wages for 2011, (Real Decreto 1795/2010, de 30 de diciembre, por el que se fija el salario mínimo interprofesional para 2011. BOE 31 de diciembre de 2010, núm.318, pág. 109401) of 30 December 2010.
Shall mean any person who voluntarily renders services for remuneration under the organization and direction of another physical or legal person known as an employer or businessman.
Royal Decree No. 1 enacting the Worker’s Charter Art.1(1)
Employer
Shall mean any physical or legal person or entity which receives services from an employee.
Royal Decree No. 1 enacting the Worker’s Charter Art.1(2)
Wage
Shall mean all economic benefits, in cash or in kind, that the employee obtains (from the employer) for the rendering of services. This benefit should be enough to cover the worker’s needs, and those from his family.
Royal Decree No. 1 enacting the Worker’s Charter Art.26 Spanish National Constitution Art.35
MINIMUM WAGE FIXING
Procedure
Government decides after consultation of the social partners
The Government annually fixes the interoccupational minimum wage by Royal Decree following a period of consultation with the most representative trade unions and employers’ associations.
Royal Decree No. 1 enacting the Worker’s Charter Art.27
Minimum wage set through decentralized collective bargaining
Wage rates are also fixed through collective agreement.
Royal Decree No. 1 enacting the Worker’s Charter Art.26(3)
Criteria
Needs of workers and their families
Yes.
Spanish National Constitution Art.35(1) Royal Decree No. 1 enacting the Worker’s Charter Art.26(3)
Cost of living
Yes.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Level of wages and incomes in the country
Yes.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Economic development
Yes.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Productivity
Yes.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Inflation rate
Yes.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Coverage
Scope
The minimum wage legislation applies to workers from all occupations: agriculture, industry, services.
Royal Decree No. 1 enacting the Worker’s Charter Art.1
Excluded categories
» Other Provisions
The minimum wage legislation does not apply to certain workers, including public servants, executive directors, unpaid familiy workers, voluntary workers.
Royal Decree No. 1 enacting the Worker’s Charter Art.1(3)
Specific minimum wage rates
» Specific minimum wage by occupation
No - The interoccupational minimum wage applies to all occupations however, a specific minimum wage hourly rate is fixed for domestic workers. The specific minimum wage rate for domestic workers is fixed in 5,02 euros per hour.
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Article 4(2)
» Specific minimum wage by sector
No
» Specific minimum wage by region
No
» Minimum wage levels for specific categories of workers
» Trainees
The minimum wage for trainees with academic degrees is fixed by collective agreement, but it cannot be less than the 60 or the 75 per cent, respectively for the first and the second year of training, of the salary fixed by collective agreement for a regular worker who develops the same or equivalent work.
The minimum wage for trainees, aged between sixteen and twenty one years old, who do not have an academic or professional degree, is fixed by collective agreement, but it cannot be less than the minimum wage rate.
Royal Decree No. 1 enacting the Worker’s Charter Art. 11(1)(2)
» Domestic Workers
The national minimum wage rate apply for all domestic workers.
According to the article 6.5 of the Royal Decree 1424/1985 of 1 August, domestic workers employed per hours are governed by the same rules as for the casual workers regarding minimum wages. The minimum wage rate for domestic workers employed per hours is fixed in 5,02 euros.
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.1, 4(2)
» Domestic Workers
The legislation provides the obligation of the employer to pay in cash at least the amount of the national minimum wage to domestic workers. In kind allowances are permitted but shall not imply a reduction on the minimum wage rate or result in a reduction in the total salary over 30%.
Royal-Decree 1620-2011 Art.8.2
» Other categories
A specific minimum wage rate is fixed in 30,39 euros per day for temporary workers
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.4(1)
Level
Minimum wage level(s) in national currency
641,40 euros per month or 21,38 per day (for 2011)
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.1
Last minimum wage update
30 December 2010
Royal Decree No.1795/2010 fixing Minimum Wages for 2011
In-kind allowances
Minimum wages shall only be paid in cash and in no case in kind payments may imply a reduction in the minimum wage rate.
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.1
Rate of payment
» Daily
Yes
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.1
» Monthly
Yes
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.1
» Other
Depending on how the rate of payment is fixed in the contract.
Royal Decree No.1795/2010 fixing Minimum Wages for 2011 Art.2 Royal Decree No. 1 enacting the Worker’s Charter Art.26(3)
Specific provisions
All workers are entitled to two bonuses per year, one of them on the occasion of Christmas and the other in the month that is set by collective agreement or by agreement between the employer and the workers’ legal representatives. The amount of these bonuses will also be set by collective agreements.
Royal Decree No. 1 enacting the Worker’s Charter Art.31
Scheduled frequency of adjustment
Adjusted each year, although the law provides for half-yearly adjustment.
Royal Decree No. 1 enacting the Worker’s Charter Art.27(1)
Enforcement mechanisms
Labour inspection
Any and all omissions or actions performed by the employer against any and all labour standards, labour regulations and/or collective agreement clauses is considered to be a labour offence. An authorized labour inspector may carry out inspections in order to ensure compliance with labour standards, regulations and collective agreements clauses.
Royal Legislative Decree No. 5/2000, on Offenses and Penalties in the Social Order Art.5
Fines in national currency for non-respect of legislation
Fines depend on the seriousness of the ofense and they can range from 40 euros to 37.920 euros.
Royal Legislative Decree No. 5/2000, on Offenses and Penalties in the Social Order Art.40(1)(2)(3) (Decree of Amendment)
Results generated on: 20th April 2024 at 08:50:27.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.
