The minimum wage (SMI) and pay floors in collective agreements

Terms used

• SMI — The SMI is Spain's legal minimum wage, set each year by the Government.
• Convenio colectivo — The convenio colectivo is a collective agreement between unions and employers that sets pay and conditions for a sector, province or company.
• Tabla salarial — The tabla salarial is the pay table in a collective agreement, listing pay by professional group and category.
• Papeleta de conciliación — The papeleta de conciliación is the request for a mandatory settlement meeting before a wage claim goes to court.
• FOGASA — FOGASA is the state wage guarantee fund that can pay unpaid wages when an employer is insolvent.

Key rules

• Legal floor: The SMI is the minimum for full-time work, stated per month in 14 payments, and reduced in proportion if you work part-time.
• Annual test: Compare your total annual gross pay with the annual SMI, because spreading extra payments over 12 months does not change the total.
• Agreement floor: If your collective agreement's pay table gives a higher figure for your category, that figure is your minimum.
• Time limit: Claims for unpaid wages expire one year after the day the pay was due.

The legal floor is the SMI, stated on a 14-payment basis

The salario mínimo interprofesional (SMI) is the lowest pay an employee in Spain can legally receive. The Government sets it each year. It is usually revised from 1 January and can be backdated. The figure is published per day, per month in 14 payments, and per year.

The monthly figure assumes full-time work. If you work part-time, it is reduced in proportion to your hours. Look up the current amount with the Ministry of Labour or in the BOE before you compare anything.

Compare your annual pay, not one payslip

The test is your total gross pay over the year against the annual SMI. The "14 payments" are twelve monthly payments plus two extra payments. Many contracts spread the extra payments over twelve months instead. That is allowed, and the yearly total stays the same. In that case, your monthly SMI equivalent is the annual SMI divided by 12.

So a monthly payslip that looks lower than the 14-payment figure is not automatically wrong. Add up the year.

Your collective agreement may set a higher floor

Most jobs are covered by a convenio colectivo, a collective agreement for a sector, a province or a company. Its pay table (tabla salarial) lists pay by professional group and category. If the table's figure for you is higher than the SMI, that figure is your floor. A contract cannot pay less than the agreement or the SMI.

To find your agreement:

• Check your contract or payslip. It should name the agreement.
• Search the official register REGCON, the BOE, or your regional or provincial official bulletin for the agreement and its pay table.
• Ask your HR department or a union if you cannot find it.

The documents list below shows what to gather.

Your category affects your pay

Your professional category sets which line of the pay table applies to you. It also determines your Social Security contribution group, so a wrong category can lower your pay and your future benefits. If you do clearly higher-level work than your category describes over a prolonged period, you can claim reclassification and the pay difference.

If you are paid below the floor

Do these in order:

1. Demand the difference from your employer in writing and keep a copy.
2. Optionally, file a complaint with the labour inspectorate (Inspección de Trabajo y Seguridad Social), which can inspect and fine the employer.
3. File a request for conciliation (papeleta de conciliación) at your regional mediation body. This is required before going to court.
4. If that fails, sue for the unpaid amounts in the labour court (Juzgado de lo Social).

Act promptly. The time limit for wage claims is set out in the timeline below. If you are also dismissed, the deadline to challenge the dismissal is much shorter: 20 working days. If your employer cannot pay, you may be able to claim from the state wage guarantee fund, FOGASA.

Procedures differ by region, so a union or labour lawyer can tell you the exact route where you live. This applies to employees, not the self-employed.

Timeline and deadlines

• Demand the pay difference from your employer in writing: as soon as you see your pay is below the SMI or your agreement's pay table

• File a complaint with the labour inspectorate (Inspección de Trabajo y Seguridad Social), which can inspect and fine the employer: if your employer does not pay the difference

• File a request for conciliation (papeleta de conciliación) at your regional mediation body, for example SMAC or UMAC: before going to court, which is mandatory

• Sue for the unpaid amounts in the labour court (Juzgado de lo Social): if conciliation fails

• Make sure your wage claim is filed in time: within one year of the day the pay was due

• If you are also dismissed, challenge the dismissal: within 20 working days

• Claim the unpaid wages from FOGASA, the state wage guarantee fund: if your employer is insolvent

Documents you need

• Your employment contract, which states your professional group or category and should name the collective agreement that applies to you.

• Your latest payslip (nómina), which shows your category, your pay lines and how extra payments are paid, whether in 14 payments or spread over 12.

• The pay table (tabla salarial) of your collective agreement, which you can get from the official register REGCON, the BOE or your regional or provincial bulletin. It sets pay by group and category and often sits above the SMI.

Checklist

• Look up the current SMI on the Ministry of Labour website or in the BOE.

• Add up your annual gross pay and compare it with the annual SMI, which is the legal test. If your extra payments are spread over 12 months, divide the annual SMI by 12 to compare monthly amounts.

• Reduce the SMI in proportion to your hours before comparing it, if you work part-time.

• Find the collective agreement named in your contract or payslip and open its pay table for your group and category.

• Compare your pay with the pay table. The agreement's figure is your floor if it is higher than the SMI.

• Write to your employer to demand the difference if your pay is below the SMI or the agreement's floor, and keep a copy.

• Ask a union or a labour lawyer about the next steps if your employer does not pay. A wage claim must be made within one year of the day the pay was due.

Frequently asked questions

Does the SMI apply if I work part-time?

Yes, the SMI applies to part-time work too, but the monthly figure is reduced in proportion to your hours. The full monthly figure is for full-time work. Compare your pay with the share that matches your hours.

Where can I find the pay table for my collective agreement?

You can find it by searching the official agreement register (REGCON) of the Ministry of Labour, the BOE or your region's or province's official bulletin. Your contract or payslip should name the agreement (convenio colectivo). The pay table (tabla salarial) gives pay by group and category. Union websites and your HR department can help too.

What can I do if I do more demanding work than my professional category says?

You can claim a move to the higher category and the pay difference if you have done the higher-level duties for a prolonged time. Your category sets your pay under the agreement and your Social Security contribution group, so a wrong one can lower your pay and future benefits. Start by asking your employer in writing.

Can I still claim unpaid wages if my employer cannot pay?

Yes, if your employer is insolvent you can claim the unpaid wages from FOGASA, the state wage guarantee fund. You still need to claim through the labour court or conciliation first. Ask a union or a labour lawyer how to file.