After the announcement of the call for general elections for next November 29, the current Government of Spain wanted to carry out the last modifications before the end of its mandate. One of the most debated in recent days is the intention of the Ministry of Labor and Social Economy, with Yolanda Díaz at the helm, to raise the Minimum Interprofessional Salary (SMI) by 2027. A measure that would mean increasing the salary of those who charge below the legal amount.
In this year 2026, the SMI stands at 17,094 euros per year, distributed in 14 payments of 1,221 euros per month, which represented an increase of 3.1% compared to the previous year. With the proposal of the Minister of Labor, by 2027 that figure would increase by up to 5%. A measure that, although does not force companies to automatically increase the salary of its employees, according to the Workers’ Statute; It does force the salary of those whose remuneration is lower than the new threshold to be raised.
However, this is not the only reason why workers have the right to request a salary increase from their companies. According to the applicable labor law, there are a series of conditions under which the employee can initiate a wage claim: when there is a breach of the collective agreement, when there is a wage inequality or when there is insufficient salary.
The increase in the SMI can mean an increase in salary
According to labor lawyer Miguel Benito Barrionuevo, better known on social networks as @Empleado_Informado, the company has the legal obligation to raise the salary of its workers whenever a series of circumstances occur. Being the first of them the increase in the Minimum Interprofessional Wagewhenever this affects the employee, or the minimum wage of the agreement for his category.
It is necessary that the worker’s salary becomes below the established threshold. This case and “Automatically, with that raise my salary goes up“explains the lawyer. This is because the SMI establishes by law the mandatory remuneration floor that the company must pay its workers for their working day. Although it does not affect all those who exceed the indicated figure, so they will only be able to request a salary increase under the following assumptions.
Also if tasks greater than the assigned job are performed
Beyond the increase in the SMI, the employee may demand an increase in salary as long as he receives a salary according to a category lower than that which would correspond to for the tasks you usually perform. “For example, it turns out that I am a kitchen assistant, but I am a cook, I also have the right to have my salary raised if I earn less than what a cook earns according to my collective agreement,” says Barrionuevo.
This also resolves one of the issues that most concerns employees: how to act when a superior assigns tasks that are higher than those that should be performed according to their job. According to the ‘solve et repete’ principle, the worker has the obligation to comply with the company’s orders, even if they are not in accordance with their work in it. Otherwise, could receive disciplinary sanctions.
It must comply with what is established in the collective agreement
However, just as you have the obligation to do them, as long as they do not involve an illegal act or detriment to your integrity, you also have the right to legally claim them. Therefore, what lawyers specialized in labor law recommend is to carry them out, collect evidence and, if they are repeated over time, make a formal written communication to Human Resources. to request dismissal or promotion.
Finally, they may request a salary increase when this has been agreed in the company’s collective agreement. This means that if the text provides for a salary increase for its workers, they will have the right to claim it if it has not been applied to their individual case. In the rest of the cases, and “to get an increase, you will have to negotiate it with the company“concludes labor lawyer Miguel Benito Barrionuevo.