Supreme recalls that the increase in SMI should not apply to those who receive high salaries with supplements

The minimum interprofessional wage (SMI) has experienced several drastic increases over the last four years: from € 735 in 2018 to € 1,000 in 2022. The Supreme Court has issued several rulings in which it intends to clarify certain doubts about who is acting and what its role is. Make supplements that have already been taken by workers. The answer is that those who have already received more than € 1,000 in basic salaries and wage supplements, fixed or variable, will not benefit from the increases that take effect this year.

This is not the first ruling by the Social Chamber of the Supreme Court in this regard. A few weeks ago the same judges decided the case of the workers of the labor centers of the disabled in Catalonia and concluded that the calculation of the new salary did not require the conversion of a new SMI into a basic salary and then. Calculate the supplements. The Supreme Court then ruled that “it would have a multiplier effect on all collective agreements whose basic wages were lower than the SMI.”

The argument, which has now been expanded to include three sentences and an informative post, was released this Friday. “Despite the direct nature of the royal decree, the increase must be applied in accordance with the terms of the workers’ statute, so that it does not affect those who already receive higher wages on an annual basis,” the Supreme Court said in a plenary session. level. The 2018 Royal Decree, which was applied to the Supreme Court case studies, clarifies that the revision of the SMI “will not affect the structure of the professional salaries or the amount that the workers were receiving at the time. Such wages as a whole were higher than the minimum wage mentioned in the annual calculations.

The Supreme Court will now issue three sentences explaining that “in order to achieve an effective understanding of a guaranteed SMI, one must comply with the provisions of the collective agreement, including various wage supplements,” unless the collective agreement applies in each case. Otherwise.

The opposite, they say, means that the SMI “will end differently for each group, which is normally regulated, or even for each person (taking into account their additions)”. One of the cases decided by them explains that the service supplement is a part of the salary that should be compared to the new SMI, while the other extends it to “all salary supplements”, including variables. Beyond the rule, according to the third sentence, is the extra salary.