As the global workforce becomes increasingly mobile, it is essential for employers and employees to be aware of the legal requirements and obligations associated with posting workers across borders. For companies operating within the European Union, the Posting of Workers Directive (PWD) plays a crucial role in ensuring fair employment conditions and compliance.
Key obligations for posted workers in Spain:
Notification requirements:
Employers must notify the Spanish labour authorities of the posting of workers. This includes providing details such as the duration of the posting, the nature of the work and the identity of the posted workers.
Conditions of employment:
Posted workers are entitled to the same terms and conditions of employment as local workers. This includes minimum wages, working hours, health and safety standards and other employment rights.
Documentation:
Employers must ensure that posted workers carry the necessary documentation, employment contracts and proof of social security coverage (Form A1).
Compliance with local laws:
Employers must comply with Spanish labour laws and regulations, which may vary from region to region. It is important to keep abreast of any changes to ensure full compliance, particularly in relation to collective agreements.
Social security contributions:
Employers are responsible for paying social security contributions for posted employees to ensure they have access to healthcare and other social benefits while in Spain.
Fulfilling these obligations can be complex, but with the right guidance and resources, companies can ensure a smooth and compliant posting.
adminex Spain offers to manage this posting process for EU legal entities. We will be delighted to advise you!
Begonya Pelegrin, adminex Spain