1. The special rules for the posting of drivers in road transport established in chapter V of Law 45/1999 will only be applicable in the case of employed workers referred to in Article 2.1.1.a) of the Law 45/1999.
The rest of the provisions of Law 45/1999 will be applicable in matters not provided for in this chapter and as long as they do not oppose it.
The provisions of article 3.3 of Law 45/1999 are excepted from the foregoing, so that the working conditions established in Spanish labour legislation relating to paid annual holidays and the amount of salary will apply to driver trips in road transport, whatever its duration.
2. State of establishment is understood as that in which the transport company is established.
3. This chapter will apply to companies established in third-party countries when they carry out transport operations in accordance with bilateral or multilateral agreements that give access to the European Union market.
1. A driver will not be considered a posted worker for the purposes of Law 45/1999 when he or she carries out bilateral freight transport operations based on a transport contract from the Member State of establishment to Spain or from Spain to the Member State of establishment.
A driver will not be considered posted when making the initial or final road journey of a combined transport operation as defined in Directive 92/106/EEC, if said road journey, considered in isolation, is a bilateral transport operation, as indicated in the previous paragraph.
2. Nor will the driver be considered a posted worker when, in addition to carrying out a bilateral transport operation from the Member State of establishment to another Member State or third-party country or from another Member State or third-party country to the Member State of establishment, he or she carries out a loading and/or unloading in the Member States or third-party countries that he or she crosses, as long as he or she does not load and unload goods in the same Member State, that is to say, as long as he or she does not carry out internal or cabotage transport.
Where during the bilateral transport operation starting in the Member State of establishment no additional loading and/or unloading activity is carried out and is followed by a bilateral transport operation towards the Member State of establishment, the exclusion with respect to activities will be applied to a maximum of two additional loading and/or unloading activities, under the conditions established in the previous paragraph.
The exclusions regarding additional loading and/or unloading activities established in the two previous paragraphs will apply as long as the drivers manually record the border crossing data in accordance with article 34.7 of Regulation (EU) 165/2014, regarding the tachographs in road transport, until the date on which the smart tachographs that meet the requirement to record border crossings and other additional activities referred to in article 8.1, first paragraph, of the aforementioned Regulation (EU) 165/2014 must be installed in vehicles registered for the first time in accordance with article 8.1, fourth paragraph, of said Regulation. As of that date, the aforementioned exclusions regarding additional activities will only apply to drivers using vehicles equipped with smart tachographs, in accordance with articles 8, 9 and 10 of Regulation (EU) 165/2014.
3. In no case shall a driver who travels through Spain without loading or unloading goods in their territory be considered a posted worker.
1. A driver will not be considered a posted worker for the purposes of Law 45/1999 when carrying out bilateral passenger transport operations referred to in Regulation (EC) 1073/2009 of the European Parliament and of the Council, of 21 October 2009, for which common rules are established for access to the international market for coach and bus services and which modifies Regulation (EC) 561/2006, picking up passengers in the Member State of establishment and leaving them in Spain, or picking them up in Spain and leaving them in the Member State of establishment, or picking them up and leaving them in the Member State of establishment in order to carry out local excursions in Spain, in accordance with the aforementioned regulation.
2. This exclusion with respect to bilateral passenger transport operations will also apply when, in addition to carrying out a bilateral transport operation from the Member State of establishment to another Member State or third-party country or from another Member State or third-party country to the Member State of establishment, the driver picks up passengers once and/or drops off passengers once in Member States or third-party countries that they cross, provided that they do not offer passenger transport services between two places located within the Member State that they cross. The above will also apply to the return trip.
The exclusion regarding additional activities established in the previous paragraph will apply, provided that the drivers manually record the border crossing data, in accordance with article 34.7 of Regulation (EU) 165/2014, regarding tachographs in road transport, until the date from which the smart tachographs that meet the registration requirement for border crossings and other additional activities referred to in article 8.1, first paragraph, of Regulation (EU) 165/2014 must be installed in vehicles registered for the first time in accordance with article 8.1, fourth paragraph, of the aforementioned Regulation. As of that date, the exclusion regarding additional activities established in the previous paragraph will apply only to drivers who use vehicles equipped with smart tachographs, in accordance with articles 8, 9 and 10 of said Regulation.
3. In no case shall a driver who travels through Spain without picking up or dropping off passengers in its territory be considered a posted worker.
1. The driver who carries out cabotage transport, as defined in Regulations (EC) 1072/2009 and 1073/2009, will be considered in any case a posted worker.
2. Non-bilateral international transport operations carried out between a State other than that of establishment and Spain, will be considered posting when the conditions provided for in Law 45/1999 are met.
3. When in bilateral international transport operations, the additional activities exceed those provided for in articles 19 and 20 of Law 45/1999, the transport company will be considered to carry out a trip.
They must respect the conditions provided here: Terms and conditions of employment of posted workers.
Sources of consultation of collective agreements and arbitration awards applicable to posted drivers
Sectoral collective agreement code search engine:
If the name of the applicable sectoral agreement is not known, select the second section "b) You do not know the name of the applicable sectoral collective agreement".
On the next screen, the provinces where the services will be provided will be marked, and then the CNAE of the company's economic activity will be entered, if known; if it is not known, it can be searched by the section of the economic activity by clicking on the link to the "Search for economic activities by section" of the INE (National Institute of Statistics).
Within the CNAE 49 "Land and pipeline transport", the relevant CNAES are these:
The result is a list of the sectoral collective agreements of the selected provinces, plus the state ones, which contain the indicated CNAE.
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1. In the case of the posting of drivers referred to in these special regulations, the provisions of article 5 of Law 45/1999 shall not apply. In any case, the transport company must make a posting communication, before its start, using a standard multilingual form of the public interface connected to the Internal Market Information System (IMI), established by Regulation (EU) 1024/2012.
The communication must be made through the following link https://www.postingdeclaration.eu/. You can find information on how to manage communications in IMI on this website, as well as in the tutorials published by the European Labour Authority on Youtube (https://www.youtube.com/watch?v=esTcTnJIWgg and https://www.youtube.com/watch?v=h4BpmKXIuyE).
Said posting communication will include the following information:
2. For control purposes, the transport company will keep the travel communications updated on the public interface connected to IMI.
3. Posting notification information will be kept in the IMI repository for verification purposes for a period of 24 months.
4. Shippers who, within the framework of a business activity, contract the performance of transport on a regular basis, carriers, transport operators and passenger transport intermediaries, must verify compliance by the effective carrier, with which they contract, of the obligation to make the communication of posting.
Eleventh additional provision of Law 45/1999
When companies established in third-party countries referred to in article 18.3 of Law 45/1999 are not allowed to use the standard multilingual form of the public interface connected to the Internal Market Information System (IMI) to carry out the communication of posting provided for in article 22.1 of Law 45/1999, such companies will carry out this communication by electronic means before the competent Spanish labour authority by reason of the territory where the service begins or ends in Spain. In the case of a cabotage transport, the communication will be made before the competent Spanish labour authority by reason of the territory where the service begins.
Their contact details can be found here:
1. The transport company must guarantee that the driver has at their disposal, in paper or electronic format, and must keep and provide, when requested in road control:
2. After the posting period, the Labour and Social Security Inspectorate or the Land Transport Inspectorate, within the framework of their respective powers, may require the transport company to send through the public interface connected to the IMI https://www.postingdeclaration.eu/, a copy of the documents listed in letters b) and c) of the previous section, as well as the documentation related to the driver's remuneration corresponding to the posting period, the employment contract or an equivalent document and the records with driver schedules and proof of payments.
The transport company will send the documentation through the public interface connected to IMI https://www.postingdeclaration.eu/, within eight weeks from the date of the request. If the transport company does not present the requested documentation within said period, the Labour and Social Security Inspectorate or the Land Transport Inspectorate may request, through IMI, the assistance of the competent authorities of the Member State of establishment.
Reciprocally, the Spanish Labour and Social Security Inspectorate and the Land Transport Inspectorate, in the case of transport companies established in Spain whose drivers have moved, will guarantee that the competent authorities of the Member States in which it has taken place are provided the documentation requested through the IMI, within a period of twenty-five working days from the date of the request for mutual assistance.
For the purposes of control, in the cases listed in articles 19 and 20 of Law 45/1999, drivers may only be required to keep and provide, when requested to do so at the roadside control, the proof on paper or in electronic format of the relevant international transport, such as the electronic consignment note (e-CMR) or the evidence referred to in article 8, paragraph 3, of Regulation (EC) 1072/2009, and the data recorded by the tachograph referred to in letter c) of article 23 of Law 45/1999.
For the purposes of determining the duration of the posting in accordance with article 3.8 of Law 45/1999, a posting will be deemed to end when the driver leaves the host Member State as part of their international freight or passenger transport activity. Said posting period will not be accumulated to previous posting periods in the context of such international operations carried out by the same driver or by another driver whom they have replaced.
The infractions and sanctions provided for here are applicable:
In addition, in accordance with article 42.4 of the consolidated text of the Law on Infractions and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of 4 August, (TRLISOS), the subjects referred to in the article 22.4 of Law 45/1999 will be jointly and severally liable with the transport company for the infractions provided for in article 10 of the TRLISOS in regard to the obligation to communicate the posting in the manner provided by article 22.1 of said Law.
