The new "anti-crisis measures" regulation extends the minimum wage for the year 2023, the limitations for certain objective dismissals and includes changes in terms of contributions

Royal Decree-Law 8/2023, of 27 December, adopting measures to deal with the economic and social consequences of the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of the drought, includes several labour and social security measures, including the following:

• The minimum interprofessional wage (“SMI”) is extended for 2023, until the approval of the royal decree setting a new minimum interprofessional wage for 2024.
• The provision whereby the increase in energy costs may not constitute objective grounds for dismissal applicable to companies benefiting from the direct aid provided for in the regulation is extended until 30 June 2024. Failure to comply with this obligation will entail repayment of the aid received.
           
  Likewise, companies that avail themselves of reductions in working hours or suspensions of contracts regulated in article 47 of the Workers' Statute for reasons related to the invasion of Ukraine and that benefit from public support will not be able to use these reasons to make redundancies.
• The application of the regulation for partial retirement with the simultaneous conclusion of a relief contract is maintained for pensions accrued before 1 January 2025.
• In terms of contributions, the following novelties stand out. For the financial year 2024, and until the approval of the General State Budget Law:
  • The minimum contribution bases will be increased by the same percentage as the SMI increased by one sixth and the maximum bases of each professional category and the maximum ceiling of the contribution bases will be set by applying the pension revaluation percentage to which will be added that established in the 38th Transitional Provision of the General Social Security Law.
  • The contribution corresponding to the Intergenerational Equity Mechanism will be 0.70% (0.58% paid by the company and 0.12% paid by the worker).
  • Contribution rates are established for paid and unpaid training placements.
              
    It is also provided that the new legal regime will apply only from 1 January 2024 to traineeships commenced and not completed before that date, and an exceptional period is established, ending on 31 March 2024, for notifying the Social Security General Treasury of the registrations and cancellations corresponding to the commencement or completion of unpaid traineeships taking place between 1 January and 20 March 2024.
• Title IV of the General State Budget Act for 2023 is extended with regard to the determination and revaluation of pensions and other public benefits until the General State Budget Act for 2024 is approved. Without prejudice to the above, contributory pensions will be generally revalued in 2024 by 3.8% with respect to the amount they had on 31 December 2023 (average value of the CPI in the previous twelve months). The maximum limit for public pensions in 2024 will be 3,175.04 euros per month or 44,450.56 euros per year.