W hen a company based in the EU sends employees to work in Spain, they must adhere to specific rules and conditions
Just as an example, let’s imagine that an Irish company is posting ten employees to participate in several assignments that will take place in different dates all around Spain. Each of the assignments will last for about four weeks and will take place in different stages and locations within a period of six months. What are the key elements to keep in mind when posting the employees to Spain?
First of all we must identify that this rules apply to a situation where a company has a contract with a Spanish partner company and temporary sends its own staff to provide services which will be located in Spain.
A key element is that there must be an employment relationship between the posting company and the person being posted.
This applies also when a person is hired through an agency providing temporary staff and is coming to work for the posting company. In this case there must be an employment relationship between the employee and the placement agency.
Posting workers and employees to Spain
Some key points to bear in mind when posting people to Spain are:
- Employment Relationship: In every case, an employment relationship must exist between the sender and the posted employee.
- Temporary Staff and Agencies: If a worker is hired through a temporary staffing agency from a different EU country, an employment relationship must exist between the worker and the agency.
- Conditions of Employment: The posted staff must receive the same employment conditions and terms as mandated by the host country’s laws or collective agreements. This includes aspects like rest periods, maximum working time, holidays, remuneration, health and safety, protection for certain groups (e.g., pregnant women), equal treatment, accommodation, and travel/boarding allowances.
- Maintaining Home Country Conditions: If the home country’s employment conditions are better than the host countries, the better conditions should be maintained.
- Long-Term Posting: If the posting period exceeds 12 months (or 18 months with notification), all mandatory employment terms of the host country apply, except for contract termination and supplementary pensions.
- Social Security: Posted workers will usually remain covered by their home country’s social security system, provided the relevant document is obtained. The document will confirm coverage under the home country’s system and exempts payment of contributions in the host country. This document issued by the posting company labour authoritiees is valid for up to 24 months, and extensions require mutual agreement between countries.
It’s important to note that this information is specific to the rules and regulations within the EU regarding the posting of employees across member states.
As part of the process in most cases the posting company will have to attain REA registration in Spain. Further information on how to apply for REA can be obtained in the following link or by contacting in the QR code on the side or the contact forms in our website.
If you company is in need of posting people to Spain do not hesitate to contact us. Our team will be able to provide you with the information you need.
