As of 02/19/2026, Royal Decree 126/2026 has already been published in the BOE, which sets the Minimum Interprofessional Salary (SMI) for 2026 at €1,221 per month in 14 payments (€17,094 gross/year). Since its publication, the SMI is mandatory, with the temporary effects established by the Royal Decree itself (including, where appropriate, retroactivity from January 1, 2026).
SMI 2026: applicable legal framework
- Workers' Statute, art. 27 (determination of the SMI).
- Royal Decree 126/2026 (BOE 02/19/2026).
- Workers' Statute, art. 26.5 (compensation and absorption).
- Supreme Court ruling 200/2005, of March 25 (calculation of seniority for the purposes of the SMI).
What the company should do after the publication of the SMI: 2026 operating plan
Identify affected groups
- Full-time salaries below €17,094 gross/year.
- Part-time contracts (proportional calculation).
- Personnel with variable salaries or mixed structures.
Verify economic impact
- Direct salary increase when the computable annual total does not reach the SMI.
- Impact on Social Security contributions.
- Effect on compensation, vacations not taken and concepts referenced to the SMI.
Review salary supplements
The critical point is absorption and compensation (art. 26.5 ET). Not all supplements are absorbable:
- Personal accessories (antique)
- Absorbable: Yes, it counts to reach the SMI
- Legal key: TS ruling 200/2005, of March 25
- Position complements (night shifts, shift work)
- Absorbable:No
- Legal key: Linked to specific conditions
- Voluntary absorbable improvement
- Absorbable: Yes, if the agreement so provides
- Legal key: Must be analyzed case by case
Jurisprudence requires attention to the nature of the complement, not only its name.
Regularization if the RD establishes retroactivity
If the RD establishes effects from 01/01/2026:
- Regularization of previous payrolls.
- Calculation of salary differences.
- Adjustment in contribution bases.
- Possible communication to workers.
Internal communication
Inform of the entry into force of RD 126/2026 and the corresponding adjustments in accordance with the standard and the applicable agreement.
How to apply the SMI 2026 on a part-time basis
The SMI is an annual reference in global calculation, not just monthly. An example would be:
- Annual SMI: €17,094
- Contract at 50% of the working day → annual minimum: €8,547
Critical aspects
- If the payments are prorated.
- If the variable salary exceeds the annual minimum.
- If there are non-absorbable supplements.
- If seniority allows the annual minimum to be reached without modifying the base salary.
The common mistake is to compare only the monthly base salary without analyzing the total annual calculation earned.
Frequent mistakes in practice
- Apply automatic increases without analyzing absorption and compensation.
- Failure to review the applicable collective agreement.
- Do not review partial contracts.
- Forget variables (commissions, incentives, availability bonuses).
- Do not recalculate contribution bases after regularization.
Frequently asked questions about the SMI 2026
Is it already mandatory to pay €1,221?
Yes. Since the publication of RD 126/2026 in the BOE on 02/19/2026.
Can it have retroactive effects?
Yes, if the Royal Decree so establishes (for example, from January 1, 2026).
Is it calculated based on base or total salary?
Compliance with the SMI is verified on the computable annual salary remuneration, excluding extra-salary payments. Seniority counts together with the base salary for these purposes (TS 200/2005).
Does it affect all agreements?
Yes. The SMI operates as a non-derogable minimum. The agreements cannot establish lower salaries on an annual basis.
Operational completion by 2026
The SMI is a legal minimum that must be complied with on an annual basis.
Correct application requires:
- Verification of the total computable annual salary.
- Technical analysis of compensation and absorption.
- Review of seniority as a computable concept.
- Immediate regularization if appropriate in accordance with the temporary effects of RD 126/2026.
