Skip to content The posting of workers to Spain, by an employer based in a EEA country, is regulated by Ley 45/1999, which transposes Directive 96/71/EC. The provisions of Law 45/1999 apply to companies that temporarily post their workers to Spain as part of a transnational provision of services.
More information on all EU Directives on the matter in our guide on EU Posted Workers Directives.
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
The employer that sends his workers to Spain in the framework of a transnational provision of services must notify the posting to the labour authority of the Autonomous Community where the services are to be provided.
The posting notification must include the identification and contact details of a domiciled representative of the company. Specifically, this is a natural or legal person present in Spain, acting as a link with the competent Spanish authorities. This person will act on behalf of the posting company in any consultation and negotiation procedures affecting the posted workers.
However, there are some exceptions to the submission of the posting declaration:
- when the duration of the posting is less than 8 days (this exemption does not apply to postings by temporary employment agencies) and
- in the event of postings where there is no provision of services (conferences, business meetings, etc.).
Additional obligations for temporary agencies sending employees to Spain
If the foreign company is a temporary employment agency, the posting notification must also include a certification issued by the State in which the agency is established, authorising it to carry out the following activities:
- Administration;
- Intermediation;
- Search and selection;
- Vocational outplacement support.
Additionally, the posting notification by a temporary agency shall also include a declaration by the user company. This shall state the temporary need to use the workers, as well as the type of contract in place between the user company and the temporary agency.
Temporary employment agencies must notify postings regardless of their duration, including assignments lasting eight days or less. The notification must be submitted before the posting begins.
Application for A1 Certificate
According to EC Regulation 883/2004, the foreign employer who posts his workers to Spain, as well as to any other EU or EEA country, must apply for the A1 Certificate to the relevant social security institution the posted workers are registered with in their home country.
Compliance with Spanish minimum working and salary conditions
Foreign companies posting workers to Spain to carry out a transnational provision of services are subject to the legal and contractual provisions applicable to personnel employed by companies in the same sector of activity established in Spain. This means that employers posting their workers to Spain must guarantee them at least the minimum terms and conditions of employment set out under Spanish labour legislation, with regard to the following matters:
- Labour law;
- Working time;
- Compensatory rest;
- Public holidays;
- Working hours and night work;
- Remuneration;
- and more.
Mandatory storage of documents about the posting of workers to Spain
During the posting, companies must have available in Spain a series of documents regarding the posted workers. They shall include employment contracts, pay slips, timesheets indicating the beginning, end, and duration of the working day, etc.
The documents must also be supplied after the posting ends if requested by the Spanish Labour and Social Security Inspectorate.
Documents submitted to the authorities must be translated into Spanish or the relevant co-official language of the territory where the services are provided.
Additional obligations for companies when sending employees to Spain
Companies that post their employees to Spain as contractors or subcontractors for more than 8 days to carry out activities in the construction sector are required to register with the REA (Registro Empresas Acreditadas).
The purpose of this registration is to certify that the company meets the requirements on the prevention of occupational risks. The company shall provide evidence that the workers employed in the activities have adequate training in occupational health and safety. Companies contracting or subcontracting work on construction sites must also check that their contractors or subcontractors meet these requirements.
For construction sites covered by Royal Decree 1627/1997, employers acting as contractors must submit a workplace-opening notification (comunicación de apertura de Centro de Trabajo) to inform the authorities about the start of the new activity. Furthermore, in all construction sites, each contractor must have a Subcontracting Book (Libro de Subcontratación), disclosing some information about the subcontractors involved.
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-compliance
The Spanish Penalty System establishes different levels of severity of infractions and the related sanctions amounts:
- Minor infringements: formal defects in the posting notification may attract fines from €70 to €750;
- Serious infringements: such as late notification or failure to appoint a domiciled representative. Fines range from €751 to €7,500;
- Very serious infringements, such as failure to submit the notification. At the maximum level, the fines imposed to the company may increase to €225.018,00.