Guide to business in Spain Guía de negocios en España

INVEST IN SPAIN

11. Relocation of workers under a cross-border working arrangement within the EU and the EEA


11. RELOCATION OF WORKERS UNDER A CROSS-BORDER WORKING ARRANGEMENT WITHIN THE eu AND THE eea

Foreign employees temporarily posted to Spain under cross-border working arrangements can maintain the employment contract signed in their country of origin, although a number of minimum working conditions established in Law 45/1999, of November 29, 1999 must be observed.

This Law applies to workers relocated by employers from the European Union, and from the European Economic Area (the EU plus Norway, Switzerland, Iceland and Liechtenstein) for a limited time period in the following cases:

  • Within the same company or within a group of companies.
  • Under international services contracts.
  • When the workers of a temporary employment agency are posted to a client company in Spain.

The only exceptions to the above are in the case of employee relocations during training periods and postings lasting less than eight days, unless they involve workers employed by temporary employment agencies.

The minimum working conditions to be guaranteed by employers in the above countries in accordance with Spanish labor legislation and, regardless of the law applicable to the employment contract, are: (i) working time, (ii) salary (which must be at least the amount provided for the same position under a statutory or regulatory provision or collective labor agreement), (iii) equality of treatment, (iv) the rules on underage work, (v) prevention of occupational risks, (vi) nondiscrimination against temporary and part-time workers, (vii) respect for privacy, dignity, and the freedom to join a union, and (viii) rights of strike and assembly. However, if employees relocated to Spain enjoy more favorable conditions in their country of origin, those conditions will apply.

Employers in such cases must also notify postings to the Spanish labor authorities before the worker starts work and regardless of the duration of the posting (except for those lasting less than eight days).

The legislation on labor infringements and penalties classifies a series of infringements in this connection. Formal defects in notifying the relocation of workers to Spain constitute a minor infringement, while notification of the relocation after it has taken place is classed as a serious infringement. Failure to notify the relocation or any misrepresentation or concealment of the data contained in the notification are considered very serious infringements.

Failure to meet the minimum working conditions mentioned above, which are classified according to the penalties applicable to Spanish employers, are considered administrative infringements.

We will be under situations of local hiring instead of temporary transfers when companies without establishment in Spain hire workers in the country.

Guide to business in Spain

Labor and Social Security regulations

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