If your company intends to move workers temporarily to Spain, it is VERY IMPORTANT to know the latest new regulations applicable and approval in Spain.
On 26th May 2017, the Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (Official Journal L 159 of 28.5.2014) it has been transposed into the Spanish legal system by the Royal Decree-Law No. 9/2017, whose was entry into force a day after publication.
What is the new in this Directive and what does the transposition of the Royal Decree – Law 9/2017 mean?
The employer who moves his workers to Spain in the framework of a transitional provision of services shall:
Communicate the displacement of their workers
The displacement (lasting more than 8 days) must be communicated to the competent Spanish labor authority in which the services are to be carried out before its start.
Communication shall be by electronic means.
The content of the communication is regulated by the decree law 9/2017, where we can see the following requirements among others: the identification of the company that displaces the worker, the tax address of the company, and the identification number of the Value Added Tax, the dates that the displacement carry out, and the description of the services to be provided.
When the company want to come to Spain for temporary work, the communication of displacement, must contain an additional information also regulated by the decree law No. 9/2017.
During the period of trip, employers must have available, in the workplace in digital format the following documents to make easy the process of consultation, record, etc.
- A) Employment contracts.
- B) The receipts of wages of each worker and proof of payment of wages to each worker.
- C) The time records, indicating the date when start and finish the work, and duration of the daily working day.
(D) The document certifying the authorization to work for nationals from third countries in accordance with the law of the State of establishment.
The employers must notify in writing to the Labor Authority in line and terms established by law: the damage to the health of displaced workers that have occurred like consequence of the work that is carried out when the employees are in Spain.
The documentation referred to in the two previous sections must be translated into Spanish or into the co-official languages of the territories in which the services are to be provided.
For more information about the update requirements and how to implement them, you can contact us by email: email@example.com