There is no turning back. The dismissal of a salaried worker for claiming the new minimum wage is considered void. And it is that, with the approval by the Government of Spain of the recent increase of the SMI to 1,080 gross euros per month divided into 14 annual payments for working 40 hours a week, retroactively from January 1, 2023, are miles employees who fear losing their job for claiming what is theirs. But there is nothing to fear if you know how to proceed correctly.
The first thing to know is that if you are one of the more than 2.5 million workers who receive the minimum wage in our country today, the employer must pay you the extra 80 euros gross in the salary of both the current month, that is, February, as well as the other 80 euros that correspond to January of this year. Remember that the fact that the SMI is retroactive from the first day of the year means that it is valid from that same date.
Can you fire me for asking for minimum wage?
The answer is blunt. No. In any case, the company cannot dismiss one or more of its employees for this reason. If he did, the dismissal would be considered void. Now, what is meant by null dismissal? It occurs when the employer is illegal when dismissing a worker, that is, when the cause is not actually a reason for legal dismissal, it will be declared void. This is the case, for example, of the company that fired one of its employees for reasons of race or gender.
To be more exact in this definition, it will be necessary to consult article 55 of the Workers’ Statute, which establishes that a dismissal will be void when the alleged cause is discriminatory, or when it violates the fundamental rights and public liberties of the person concerned. However, another question that arises is how to claim if they do not pay you the minimum wage. What to do in this case? Well, we will have to go a step further.
How to claim the minimum wage on the payroll
Charging less than the Minimum Interprofessional Salary in Spain is illegal. Therefore, in case this happens, the first thing that is recommended is to review the earnings section, which should be available in the base salary section. In the event that we do not know this terminology in terms of salary, accruals can be defined as all the salary concepts that an employee has generated in a month without being applied deductions. Right here should appear the 1,080 gross euros per month. About 1,120 euros if you have prorated bonuses.
If it finally appears like this, it means that the salary has been raised in accordance with Royal Decree 99/2023, of February 14. If this is not the case, the interested party must claim it. But there is no need to complain about possible reprisals, since if there are any, the dismissal will be considered null and void. At this point, it is convenient to speak with the company about this point, either directly with the worker, with the payroll department or with the human resources team and ask that it be corrected.
In the event that the explanations are not convincing, and the employee does nothing to correct the illegality, it will be necessary to go to the next level. It is time, then, to ask for a salary increase through a burofax. Of course, the shipment will have to be accredited to have proof that it has been notified correctly.
In the event that the burofax does not take effect, there will be no other left to increase the pressure and present the conciliation ballot at the mediation and arbitration center of our autonomous community. then when a lawyer will meet with the company to reach a solution. The normal thing is that the conflict ends here, however, otherwise, a lawsuit will be filed in the Social Court.
