Relocating employees to Spain involves a range of legal responsibilities that companies must understand and fulfill. This article delves into the key aspects of posting workers to Spain. From understanding what constitutes a temporary posting to ensuring proper working conditions and meeting communication requirements with the relevant authorities, this article provides essential information to manage these processes efficiently and effectively.
Relocating employees to Spain: Regulation
The posting of workers is regulated by Law 45/1999, which applies to companies established in European Union or European Economic Area countries that send employees to Spain. This law defines posting as when a company temporarily sends employees to Spain:
- To execute a contract.
- To transfer to a subsidiary.
- By a temporary employment agency to a user company.
It also covers chain postings of workers by temporary employment agencies.
What constitutes a temporary posting in Spain?
A temporary posting refers to relocating employees to Spain for a limited period in the following scenarios:
- When a worker is sent by their company to fulfill a contract with a client in Spain.
- When a worker is transferred to a workplace of their own company or another company within the same group in Spain.
- When a temporary employment agency sends a worker to be employed by another company in Spain.
However, business trips to other EU countries that do not involve providing services there are not covered by these regulations. For instance, if a worker attends a conference in another country but does not provide services there, it is not considered a temporary posting.
Working conditions for posted workers
Companies relocating employees to Spain must ensure compliance with the following working conditions, regardless of the law applicable to the employment contract:
- Working time: Governed by the Estatuto de los Trabajadores (Workers’ Statute), which covers working hours, overtime, night work, weekly rest, holidays, and leave.
- Wage amount: According to Article 4 of Law 45/1999, the minimum wage and applicable collective agreements in the relevant location and industry.
- Equal treatment and non-discrimination: Principles of equal treatment and non-discrimination based on sex, origin, age, religion, among others, must be respected.
- Occupational health and safety (OHS): Employers must ensure safety and health at work, according to the current legislation and regulations.
- Non-discrimination of temporary and part-time workers: In line with Articles 15.6 and 12.4 of the Workers’ Statute.
- Respect for dignity and privacy: Privacy and dignity of workers, including protection against harassment, must be respected.
- Freedom of association and labor rights: Workers have the right to freedom of association, strike, and assembly, protected by relevant legislation.
- Specific conditions of posting: These include accommodation, per diems, and reimbursement for travel and stay expenses during the posting.
These working conditions are based on the applicable legislation and collective agreements in the relevant location and industry. Additionally, posted workers may benefit from more favorable conditions as stipulated in their employment contract, collective agreements, or individual agreements.
Notification of temporal intra-company transfer
Article 5 of Law 45/1999 stipulates that companies posting workers to Spain within the framework of a transnational service provision must notify the relevant labor authorities. Key aspects of this notification include:
Obligation to notify posted workers
The notification must be made before the start of the posting, regardless of its duration, to the labor authority of the Autonomous Community where the services will be provided. For services in Ceuta and Melilla, the notification is directed to the Labor and Immigration Areas of the respective Government Delegations. The notification is done electronically, unless the company is a temporary employment agency or the posting does not exceed eight days, in which case it is not required.
Notification content
- Company details and its representative in Spain.
- Personal and professional details of the posted workers.
- Identification of the location and duration of the posting.
- Description of the services to be performed in Spain.
- Information about the company’s representative in Spain for inquiries and notifications.
- Details of the person representing the company in labor procedures in Spain.
- For temporary employment agencies and chain postings, additional information about the user company and the services to be provided is required.
Notification procedure
The competent Autonomous Community establishes the procedure for making the notification. This obligation does not exempt companies from fulfilling other communication or activity declaration obligations according to current legislation.
In summary, the notification of posting is a legal requirement to ensure transparency and compliance with labor regulations during the services provided in Spain.
Managing administrative procedures to post workers to Spain
The regulation of worker posting in Spain addresses fundamental aspects such as working conditions, notification of posting, and guaranteeing rights for temporary workers. Complying with these regulations is not only a legal requirement but also a way to ensure a fair and transparent working environment for all involved.
To simplify the management of labor postings and ensure compliance with all applicable regulations, utilizing specialized advisory services in international business can be very valuable. At Euroaccounts, our international advisory service for companies in Spain features a team of professionals who provide expert guidance and customized solutions to ensure that the process of relocating employees to Spain is carried out efficiently and lawfully. Leverage this resource to optimize your international operations!
