• Posting Workers

Posting workers to Spain: overview of requirements and obligations when sending workers abroad

requirements and obligations when posting workers to spain
An overview of requirements and obligations when organizing posting workers to Spain.

An introduction on how to post workers to Spain, from preliminary obligations, to salary conditions, penalties and more.

The posting of workers to Spain, whose employer is based in an EU Member State is regulated by Ley 45/1999, which transposes Directive 96/71/EC. A&P experts are at your disposal to support your company and your employees in the management of your posting to Spain.

Sending the posting notification and appointing the domiciled representative

At the latest one day before the start of the posting, the foreign employer must send a posting declaration to the competent Spanish authorities, which must include the identification and contact details of the natural or legal person present in Spain, who acts as a link with the competent Spanish authorities.

However, there are some exceptions to the submission of the posting declaration: for example, when the duration of the posting is less than 8 days and/or in the case of postings where there is no provision of services (conferences, business meetings, etc.).

Additional obligations for temporary agencies

In the case of posting of temporary workers, the posting notification must also include the certification issued by the State in which the agency is established, authorising it to carry out the activities of:

  • Administration;
  • Intermediation;
  • Search and selection;
  • Vocational outplacement support.
 

A declaration by the user undertaking shall be included, stating the temporary need to use the workers, with an indication of the type of contract in place between the user company and the temporary agency.

Furthermore, there is no exemption for assignments of temporary workers lasting less than 8 days, so the notification of posting must be valid from the first day of activity.

Application for A1 Certificate

According to EC Regulation 883/2004, the foreign employer must apply for the A1 Certificate for each posted worker to the relevant social security institution.

Compliance with Spanish minimum working and salary conditions

The company posting employees to Spain is subject to the legal and contractual provisions applicable to personnel employed by companies in the same sector of activity established in Spain.

This includes:

  • Labour law;
  • Working time
  • Compensatory rest;
  • Public holidays;
  • Working hours and night work;
  • Remuneration
  • and more.
 

Mandatory storage of documents about the posting

All documentation concerning the assignment must be kept for a fixed period of not less than two years after the end of the posting.

Documentation must be properly stored and kept available to foreign labour authorities.

Additional obligations when sending employees to Spain

Foreign companies that post their employees to Spain for more than 8 days to carry out activities in the construction sector are required to register with the REA (Registro Empresas Acreditadas). This registration serves to certify that the company meets the requirements for prevention of occupational risks and that the workers employed in the activities have adequate training in occupational health and safety.

Companies contracting or subcontracting work on sites must also check that the contractors or subcontractors of their companies meet these requirements. Similarly, it may be necessary to request the opening of a Centro de Trabajo, in order to inform the authorities about the start of the new activity, and the Libro de Subcontratación, in which information about the subcontractors involved must be indicated.

With dedicated support from Local Partners, A&P can support your company in the process of registration with the REA and other obligations.

Sanctions in case of non-fulfillment

The Spanish Penalty System establishes different levels of severity of infractions and the related sanctions amounts:

  1. Minor infringements, such as errors and formal shortcomings in the notification: in their minimum degree, with fines from €60,00 to €125,00; in their medium degree, from €126,00 to €310,00 and in their maximum degree, from €311,00 to €625,00;
  2. Serious infringements, such as late notification or failure to appoint a domiciled representative: with a fine, in their minimum level, from €626,00 to €1.250,00, in their medium level from €1.251,00 to €3.125,00, and in their maximum level from €3.126,00 to €6.250,00;
  3. Very serious infringements, such as failure to notify the authorities: with a fine between €6.251,00 and €25.000,00 in the minimum level; between €25.001,00 and €100.005,00 in the medium level; and between €100.006,00 and €187.515,00 in the maximum level.
 
 

Get a quotation from our Experts

Studio Arletti & Partners has been serving companies and individuals in their global mobility assignments for over 20 years. For further information or to get a quotation from our Experts, have a look at our dedicated web page about posting workers to EU, or contact us via the form below!

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