La ordenación del salario y su dimensión garantista: Viejas y nuevas cuestiones en torno a la prestación salarial en España

This article offers a systematic analysis of the legal framework for wages in Spain from a guarantee-based perspective, focusing on their structural function in the employment relationship and their direct impact on the configuration of working conditions. Based on a study of the current regulatory framework, the article addresses the structural elements of the wage system: the legal concept of wages, their composition, and the criteria applicable to determining their amounts. In particular, special attention is paid to the Interprofessional Minimum Wage (SMI) as a key instrument for ensuring sufficient income, with particular emphasis on the protection of groups particularly vulnerable –such as women and young people– as well as its positive impact on wage adequacy and the future sustainability of the public pension system. It also analyzes payment mechanisms, the formal requirements associated with wage documentation, and the main legal guarantees linked to their protection, such as non-seizability, salary credit privileges, and the intervention of the Wage Guarantee Fund (FOGASA).Beyond these classic elements, the study identifies a series of emerging challenges that are putting pressure on the traditional wage model. These include the effective guarantee of equal pay between women and men, the implementation of new wage transparency obligations arising from Directive (EU) 2023/970, the adequacy of wages in a context marked by inflation and job insecurity, as well as the expansion of new wage formulas –such as stock options, pay systems linked to individual or collective performance, and digitalized payments through Bizum or cryptocurrencies– which require a review of the regulatory framework. In this regard, the study analyzes the advisability of moving toward a wage model that reinforces the principle of decent work, guarantees equal pay, and effectively adapts to the structural transformations of the contemporary labor market.