Key data
| Regulation | Resolution of July 30, 2026, from the General Labor Directorate, registering and publishing the Amendment Agreement to the V State Collective Agreement on Youth Reform and Child Protection |
|---|---|
| Publication | August 10, 2026 |
| Effective date | August 10, 2026 |
| Affected parties | Workers and companies in the youth reform and child protection sector |
| Category | Labor Legislation |
| Year | 2026 |
| Official source | BOE-A-2026-17490 |
Companies in the youth reform and child protection sector have a new salary obligation in effect from the same day of its publication in the BOE, August 10, 2026. The amendment to the V State Collective Agreement on Youth Reform and Child Protection recovers a salary guarantee clause that existed in the IV Agreement but was not carried over to the V: the obligation to supplement salary up to the SMI when certain compensation items do not reach that threshold.
The agreement was signed by the employer associations AEFYME, AEEISSS, FEPJJ, APAES and HEBE, and by CCOO, which represents more than 50% of the worker representatives. UGT and CIG showed agreement but did not sign as they were not signatories to the original agreement.
What does this regulation establish?
The amendment introduces a sixth additional provision in the V State Collective Agreement. Its content is clear: when the sum of certain salary items does not reach the current SMI at any given time, the company must pay the difference through an ad hoc supplement.
The key is in which items are included in the calculation and which are excluded:
| Salary item | Does it count toward the SMI? |
|---|---|
| Base salary | Yes |
| Specific supplement | Yes |
| Transitional supplement | Yes |
| Closed or semi-open facility supplement | Yes |
| Seniority supplement | No — expressly excluded |
| Night shift supplement | No — expressly excluded |
| Insularity supplement | No — expressly excluded |
| Holiday supplement | No — expressly excluded |
This distinction is relevant: a worker who receives night shift or seniority bonuses may have total compensation above the SMI, but if the sum of the four countable items does not reach the SMI, the company must still pay the guarantee supplement.
Comparison with the previous agreement
| Aspect | IV Agreement | V Agreement (before amendment) | V Agreement (after amendment) |
|---|---|---|---|
| SMI guarantee clause | Yes, included | Not included (omission) | Yes, recovered through sixth additional provision |
Economic and operational impact
The direct impact falls on companies managing youth reform and child protection facilities that have workers whose base salary plus specific, transitional, and closed or semi-open facility supplements do not reach the current SMI.
Operationally, this implies:
- Immediate payroll review: it is necessary to verify, worker by worker, whether the sum of the four countable items exceeds the SMI or not. It is not enough to check total compensation.
- Creation of a new payroll item: if there is a difference, a specific SMI guarantee supplement must be paid that covers exactly that gap.
- Continuous monitoring: the SMI can be updated annually by Royal Decree. Each time the SMI increases, it will be necessary to recalculate whether the guarantee supplement remains sufficient or must be increased.
- Risk of retroactive claims: given that the clause existed in the IV Agreement and was omitted in the V, claims may arise for the period when it was not in effect, although this will depend on judicial interpretation in each case.
Who does it affect?
- Companies and entities managing youth reform facilities (closed and semi-open centers).
- Entities in the child protection sector covered by the V State Collective Agreement.
- Human Resources and payroll departments of these organizations, which must review and adapt salary slips.
- Labor advisors and accounting firms providing services to sector entities.
- Workers in the sector who receive low base salaries supplemented with night shift, seniority, insularity, or holiday bonuses.
Practical example
Let's imagine a worker at a semi-open youth facility with the following monthly salary structure:
| Item | Monthly amount | Does it count toward the SMI? |
|---|---|---|
| Base salary | 800 € | Yes |
| Specific supplement | 150 € | Yes |
| Transitional supplement | 50 € | Yes |
| Semi-open facility supplement | 80 € | Yes |
| Night shift supplement | 200 € | No |
| Seniority supplement | 120 € | No |
The sum of countable items amounts to 1,080 €. If the SMI in effect at that time is higher than 1,080 €, the company must pay the difference as an SMI guarantee supplement, even though the worker's total compensation (1,400 €) far exceeds the SMI. This is the most relevant effect of the express exclusion of night shift and seniority supplements from the calculation.
What should companies do now?
- Audit all sector payrolls immediately: identify which workers have a sum of base salary + specific supplement + transitional supplement + closed or semi-open facility supplement below the current SMI.
- Create the SMI guarantee supplement in the payroll system: for affected workers, add a compensation item that covers the difference up to the SMI. Document it correctly on the salary slip.
- Establish a periodic review process: each time the Government updates the SMI through Royal Decree, repeat the calculation to verify if the supplement needs to be increased.
- Inform affected workers: communicate the change and the new payroll item to avoid confusion or claims.
- Consult with specialized labor advisors if there are doubts about possible retroactive claims arising from the period when the clause was not included in the V Agreement.
Frequently asked questions
Which supplements count toward calculating whether the SMI is reached in the youth reform agreement?
According to the sixth additional provision introduced by this amendment, the base salary, specific supplement, transitional supplement, and closed or semi-open facility supplement count. Seniority, night shift, insularity, and holiday supplements are expressly excluded from the calculation.
Since when is the SMI guarantee supplement mandatory in the youth reform agreement?
The obligation is effective as of August 10, 2026, the date of publication and entry into force of the Resolution from the General Labor Directorate that registers and publishes the amendment agreement to the V State Collective Agreement.
Can a worker with night shift or seniority supplements earn a base salary below the SMI?
Yes, according to the wording of the sixth additional provision. If the sum of the four countable items (base salary, specific supplement, transitional supplement, and facility supplement) does not reach the SMI, the company must pay the guarantee supplement. But if the worker exceeds the SMI thanks to night shift, seniority, insularity, or holiday bonuses, those bonuses do not trigger the supplement obligation, as they are excluded from the calculation.
Who signed the amendment agreement to the V Youth Reform Agreement?
It was signed by the employer associations AEFYME, AEEISSS, FEPJJ, APAES and HEBE, and on the union side by CCOO, which represents more than 50% of worker representation. UGT and CIG showed agreement but did not sign as they were not signatories to the original agreement.
Is this SMI guarantee clause new or did it exist before?
It is not new: it existed in the IV Collective Agreement of the sector, but was not included in the V Agreement. This amendment expressly recovers it through the sixth additional provision, thus remedying the omission in the previous text.
Official source
Consult complete regulation at official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17490
