Ministerio de Trabajo y Economía SocialPosting of workers in the framework of the transnational provision of services carried out by undertakings established in Spain. Ministerio de Trabajo y Economía Social

Posting of workers in the framework of the transnational provision of services carried out by undertakings established in Spain

Additional provision one of Law 45/1999

Undertakings established in Spain that temporarily post their workers to the territory of Member States of the European Union or states that are signatories to the European Economic Area Agreement in the framework of the transnational provision of services must guarantee these workers the terms and conditions of employment at the place of the posting in accordance with the national rules that transpose Directive 96/71/EC and Directive (EU) 2020/1057. This is without prejudice to application of more favourable working conditions for these workers as a consequence of the provisions set out in legislation applicable to their work contract, in the collective agreement or in the individual contracts.

Information about the applicable terms and conditions of employment

The following website of the European Commission contains the links to the single national websites with information on the terms and conditions of employment applicable to posted workers as well as on employers obligations in the receiving Member State:

Single national websites on posting

This website includes the following link with the contact details of the liaison offices of all Member States which may be contacted by those interested in the posting of workers to receive information about the terms and conditions of employment that must be guaranteed to posted workers and the employers’ obligations:

National liaison offices and authorities

Administrative infractions and sanctions in accordance with Spanish legislation

Administrative infractions are those acts or omissions by these undertakings through which they breach the terms and conditions of employment at the place of the posting pursuant to national standards transposing Directive 96/71/EC and Directive (EU) 2020/1057, typified and sanctioned in accordance with Spanish labour legislation.

This cannot give rise to the sanctioning of acts and omissions of the obliged subjects that have already been criminally or administratively sanctioned in the country of posting in cases in which the identity of the subject, the event and the background are known.

Spanish social jurisdiction competency

The Spanish social jurisdictional bodies shall be competent in any litigation pursuant to this additional provision and which take place as a consequence of the posting. This is without prejudice to the possibility of commencing legal action in the territory of the Member State where the worker is or has been posted, pursuant to the provisions set out in this regard in national legislation through which the provisions set out in article 6 of Directive 96/71/EC are applied.

Provisions applicable to the transnational activity of Spanish temporary work agencies.

Article 26 of Law 14/1994

    • Temporary employment agencies that have administrative authorisation in accordance with the provisions of Law 14/1994 may place their workers at the disposal of user companies established or operating in other EU or EEA States under the terms provided for in the legislation of those States and in this Law.

      The contract of provision between the temporary employment agency and the user company shall be governed by the provisions of Chapter II, with the exception of the provisions of Articles 8. c) and 9, which shall not apply.

    • In the cases referred to in the previous section, labour relations in the temporary employment agency shall be governed by the provisions of Chapter III of this Act. In any case, Spanish temporary employment agencies shall guarantee their workers the working conditions provided for in the country of posting by the national rules transposing Directive 96/71/EC, and shall be subject to the provisions of the first additional provision of Law 45/1999.

    • Without prejudice to the provisions of the preceding paragraph, temporary employment agencies whose workers are temporarily posted by user companies established or operating in Spain or in other EU or EEA States to another such State to carry out work in the framework of a transnational provision of services must guarantee their workers the working conditions provided for in the latter State by the national rules transposing Directive 96/71/EC and comply with the obligations laid down in that State for companies which temporarily post their workers to another such State in the framework of a transnational provision of services.

      The obligations of temporary work agencies in accordance with the previous paragraph should be understood without prejudice to the responsibilities that correspond to the user companies established or operating in Spain in accordance with Spanish legislation, or to the user companies established or operating in other EU or EEA States in accordance with the provisions of the national rules transposing Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008, on temporary agency work and the Council Directive of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-term employment relationship or a temporary employment relationship (91/383/EEC).