This Tuesday, February 28, is a long-awaited day for many workers, since they will see the rise in the minimum wage reflected in the payroll for the month of February. It was in the middle of the month when the Government of Spain, at a request from the Ministry of Labor and Social Economy, led one day by Yolanda Díaz, resulted in the new SMI, which goes from 1,000 to 1,080 gross euros per month spread over 14 you pay for working 40 hours a week.
Another point to take into account is that this increase will take effect retroactively from January 1, 2023, that is, those 80 gross euros more must be paid by the employer in the salary of the current month and last month. , that is, January. But it’s not always like this. What to do when my company does not pay me the minimum wage? There is nothing left to claim.
How to claim if you are not paid the minimum wage
First of all, to avoid making possible mistakes, it is advisable to review the earnings section in the base salary section. For those who do not know what it is, accruals can be defined as all the salary concepts that an employee has generated in a month without being applied deductions. That must include yes or yes the 1,080 euros nailed. About 1,120 euros if you have prorated bonuses. If it appears like this, it means that the salary has been raised in accordance with Royal Decree 99/2023, of February 14.
In the event that the salaried worker can observe a lower amount of money, it will have to be claimed. In any case, there is no need to fear reprisals for doing so, since dismissal for claiming the interprofessional minimum wage is considered null and void. In any case, the first thing that is recommended, before initiating legal action, is to speak and dialogue with the company. A good example of this would be going to the payroll department, or the human resources team, exposing the error and asking that it be corrected.
In the event that the explanations do not convince them, and the employee does nothing to correct it, they will have to go to the next level. It is time to ask for a salary increase through a burofax. It will be necessary to accredit the shipment to have proof that it has been notified correctly. In the event that the burofax does not take effect, there is no other option 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.
