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The express or presumed acts contrary to the legal system by which acquire powers or rights when the essential requirements for their acquisition are lacking", may initiate the corresponding review procedure of the alleged act through, in this case, article 146 LRJS in which, in addition to the precautionary measures it deems appropriate, The judgment of the Supreme Court of June 12, 2018 for which the Hon. Mr. José Manuel López García de la Serrana determines.

The limit of the responsibility of the Wage Guarantee Fund (FOGASA), in accordance with art. 33.1 of the Workers' Statute (ET), at the time of paying the salaries and indemnities at their expense due to business insolvency; and, specifically, to establish moible number data whether, in the case of workers with a part-time contract, the maximum salary to be computed, double the interprofessional minimum wage (SMI) -previously triple-, should be reduced, or not, by the same percentage.




As the day that the interested party carries out in comparison with the ordinary one of a full-time worker of the same activity. The Royal Decrees that annually set the amount of the SMI for each year have been indicating in the third paragraph of its article 1 that the SMI "if a shorter day is carried out, it will be received pro rata". For this reason, the sentence resolves that a systematic logical interpretation of these Royal Decrees and of art.