Posting of workers
European legislation lays down a number of obligations relating to secondment and the working conditions of seconded workers. The rights of seconded employees are protected and the employer must comply with the laws of the country of destination (pay, working hours, holidays, etc.). Many sectors of activity are affected by secondment: construction, transport, events, commerce, agriculture, temporary work, etc. Before sending your employees on a short assignment to another Member State, make sure you comply with the legislation. The period of secondment may not exceed two years, with an exceptional possibility of extension.
Secondment of employees to Spain
The rules on secondment in Spain have been updated by Royal Decree-Law 9/2017 of 26 May 2017 (in Spanish).
The company posting one or more employees must comply with the following obligations:
Declare the posting to the authorities before it comes into effect and appoint a representative on Spanish territory.
Keep all documents relating to the secondment (pay slips, record of working hours, residence/work permit), as these documents may be checked by the Spanish authorities. All these documents must be translated into Spanish.
Report to the authorities any employee health problems that arise during the secondment.
Penalties for non-compliance with obligations in the context of secondment assignments
In the event of fraud and failure to comply with the legislation, employers are liable to heavy penalties and fines as defined in Article 10 (in Spanish) of the Royal Decree of 4 August.
ASD SPW offers support to simplify your posting of workers procedures.
Contact our experts for more information.
