On 26 May 2017 came into force the Spanish Law 9/2017 for the proper transposition of the current European directive on the posting of workers within the framework of a transnational of the provision of services, through which they have been strengthened significantly the obligations and responsibilities of the companies in order to give greater security to the displacement of workers in Spain.
First of all and one of the major changes is the obligation of communication to the competent Labor Authorities, by the employer who displaces workers to Spain for the provision of services before its beginning, specifying:
– Identification of the company that will displace workers, their address and their CIF.
– The personal and professional data of the workers who will be displaced.
– Identification of companies / work centers where the workers render their services.
– The start date and the expected duration of the trip.
– The determination of the provision of services.
– Identifying data of a legal representative of the company to liaise with the competent Spanish authorities for document management.
– The Identifying Data of a person who can act in Spain in representation of the company providing services.
In the case that the company that displaces workers to Spain was a temporary work company expands the content and the communication must also evidence that it meets the requirements to make available to another company the workers, and in addition specifying the temporary needs that sustain said displacement. All this will be registered in an Online Register of displaced workers.
Secondly, the law exhaustively specifies the documents that employers must have available to look up when needed, in their workplace or in digital format, for possible requirements. The labor authorities may request these documents, not only during the provision of services also after its termination. ThatÃ¢â‚¬â„¢s the reason why companies must have available the following documents:
– Employment contracts.
– Receipts of wages of each worker and the evidence of the payment of their wages.
– Time records that have been made in relation to their working days.
– Documents certifying the authorization to work of third-country nationals.
Thirdly, transposition reveals the principle of reciprocal assistance through the notification and cross-border enforcement of sanctions and fines as a result of non-compliance with the obligations set out above and the jurisdiction of the social court.
From Expat Feliu we are at your complete disposal to advise you on these new obligations.