POSTING OF WORKERS GENERAL REGULATIONS
European law lays down a number of obligations relating to posting of workers regarding working conditions. The rights of posted workers are protected and the employer must respect the laws of the country of destination (salary, working time, leave, etc.). Many sectors are involved in posting of workers: construction, transport, events, trade, agriculture, temporary work among others. Before sending your employees for a short mission to another Member State of the European Union, make sure you comply with the law. Posting of workers may not exceed two years, with an exceptional possibility of extension.
POSTING WORKERS TO SPAIN
The rules of posting of workers to Spain have been updated by Royal Decree-Law 9/2017 of May 26, 2017.
The company posting one or more employees must respect the following obligations:
– Declare the posting to the authorities before it is implemented and appoint a representative located in Spain.
– Keep all documents relating to the posting (pay slips, record of working hours, residence / work permit), these proofs being likely to be checked by the Spanish authorities. All these documents must be translated into Spanish.
– Report to the authorities any health problems of employees occurring during the mission.
In case of fraud and non-compliance with the law, the employer faces heavy penalties and fines as defined by Article 10 of the Royal Decree of 4 August.
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