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The European Union has maintained a steadfast commitment to eliminating barriers hindering the free movement of services within the internal market. This commitment is reflected in the evolution of the EU Directive on the Posting of Workers, with its initial version dating back to 1996. Although this directive established minimum conditions for cross-border work, deficiencies emerged over time, leading to questionable practices due to unclear provisions.

To address these shortcomings, the EU introduced Directive (EU) 2018/957 of the Parliament and Council, approved on June 28, 2018. This modification of Directive 96/71/EC on the posting of workers in the context of transnational services marked a significant milestone by incorporating key changes.

Key Changes Introduced:

• Equal Treatment: A prominent feature of the amended Directive is the introduction of the principle of equal treatment. This provision aims to ensure that posted workers enjoy the same rights and working conditions as local workers, fostering a more equitable work environment and protecting the fundamental rights of all employees, regardless of their place of origin.
• Expansion of Remuneration Concept: Another crucial change is the broadening of the remuneration concept. The directive redefines and clarifies what constitutes remuneration, encompassing not only the basic salary but also other elements such as social benefits and expenses related to the posting. This expansion seeks to ensure fair and comprehensive compensation for posted workers, strengthening the integrity of the European labor market.
• Establishment of Maximum Duration for Posting: The new directive also sets a maximum duration for the posting of workers. This time limit aims to prevent abuses and ensure that postings do not become a prolonged practice that could negatively impact workers and fair competition in the market.

Each EU member country is responsible for implementing the Directive in its national legislation, adapting it to its specific rules and regulations. This decentralization encourages cooperation among member states, promoting an effective and consistent application of the legislation.

In alignment with this European commitment, Spain took a significant step by approving Royal Decree-Law 7/2021 on April 27, 2021. With this action, Spain has completed the transposition of the Directive into its national legal framework, reinforcing the protection of labor rights and contributing to the development of a fairer and more equitable labor market within the European Union.

Objective of the EU Directive on Posting of Workers

The EU Directive aims to ensure minimum labor conditions within the European Union. It specifically addresses the posting of workers within the EU, occurring when a company temporarily sends one of its employees to work in another EU member state, either for cross-border services or in the context of service provision.

The primary feature of the Directive is to guarantee that posted workers receive a minimum set of rights, including the host country’s minimum wage, working hours, rest periods, holidays, and general working conditions. Additionally, it establishes equal treatment with local workers concerning labor standards.

This directive is crucial for ensuring proper working conditions across the EU. It enables posted workers to enjoy fair conditions and allows companies to compete on a level playing field. It also contributes to social and economic cohesion, strengthening confidence in the European single market.

Moreover, the Directive imposes formal requirements, such as mandatory communication of each posting. Companies must notify the authorities of the host country and their workers about the posting, including the nature of the work, whether it is self-employed or on behalf of another, and the duration of the posting, as a general example of communication.

The Directive obliges all companies to communicate to the competent labor authority the posting of workers to each European country, taking into account specific requirements of each country, both in terms of formal requirements and the duration of the posting.

Need advice on the application of EU Directive 2018/957? Contact us!

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Currently, there are various ways to acquire Spanish nationality. One of these methods is through Spanish nationality by residence, which involves meeting specific requirements to qualify. If you’re seeking more information on this topic, we provide all the details below.

Requirements for Spanish Nationality by Residence

What are the residence requirements for obtaining Spanish nationality?

The general requirement to be eligible for Spanish nationality by residence is effective, continuous, and immediate residence for a period of 10 years. However, there are exceptions to this timeframe, which we will examine closely.

Exceptions and Conditions

Are there exceptions to the residence requirements?

Exceptions to the fulfillment of the residence time vary based on the applicant’s nationality of origin, their status, and the applicable current regulations. Here are some of the exceptions:

• Refugees: Those holding refugee status need only fulfill a requirement of effective residence for 5 years instead of 10.
• Nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal: Individuals from these countries must fulfill a requirement of effective residence for 2 years.
• Special Conditions: Depending on their situation, some applicants are required to provide evidence of only one year of effective residence. This applies to individuals born on Spanish territory, those who have not timely exercised the right to opt for Spanish nationality, individuals who have been legally under guardianship, legal representation, custody, or foster care of Spanish citizens or institutions for two consecutive years, those married to a Spanish man or woman, widows or widowers of a Spanish spouse in cases where there is no legal or factual separation, and those born outside of Spain to parents or grandparents who were originally Spanish.

Documentation and Process

What is the process of applying for Spanish nationality by residence?

In all cases, residence must be effective, continuous, and immediate. This necessitates the provision of necessary evidence and official documentation for each application. It is essential to contact and initiate the process with specialized professionals, as the average processing time for applications is around 2 years. If documentation is not presented correctly, additional documentation may be required, or in the case of denial, recourse to legal proceedings through Administrative Litigation may be necessary.

At Expat Feliu, we thoroughly analyze each client’s situation to determine the applicable scenario. Furthermore, we meticulously review all necessary documentation to ensure successful outcomes in the process of obtaining Spanish nationality by residence. ¡Contact us!

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Did you know that before traveling abroad, you can register in the Travelers Registry? This tool from the Ministry of Foreign Affairs, European Union, and Cooperation (MAEC) is designed to ensure your safety and well-being during your stay in another country.

Traveling abroad is an exciting experience, but it can also involve certain risks, such as natural disasters, armed conflicts, and other emergency situations.

What is the Travelers Registry?

The Travelers Registry is a completely free tool that operates with the utmost confidentiality. Its goal is to gather essential information about travelers and their plans so that Spanish authorities can locate and contact citizens in the event of a serious emergency abroad.

Although the Travelers Registry is a valuable tool, it’s important to remember that the ultimate responsibility for staying safe abroad lies with the traveler. It is recommended to act with the utmost diligence to avoid risky situations and follow the travel recommendations of the MAEC.

Who can register?

This travelers’ registry is created by the MAEC and is intended for Spanish citizens who temporarily move to another country for a maximum of 182 days, with no intention of doing so permanently. In the latter case, it is advisable to register with the Spanish Consulate’s Registration Office in that destination.

Therefore, the difference between the Travelers Registry and the Consulate’s Registration is the duration of the stay in the destination country.

In summary, if you have plans to travel abroad, make sure to register in the Travelers Registry of the Ministry of Foreign Affairs. This measure can make a difference in your safety and well-being in the event of a serious emergency abroad. Travel with confidence and be prepared for any contingency.

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Introduction

On July 22, 2023, the ISM/835/2023 Order was published in the Official State Gazette (BOE), marking a significant development in the regulation of Social Security enrollment for workers posted abroad in service of companies operating within Spanish territory.

The Changing Business Landscape

In a rapidly evolving global business landscape, the 1982 regulations of the Ministry of Labor no longer adequately address the demands of today. The internationalization of companies, enhanced global communication, and increased labor mobility have reshaped the business world. Companies now operate globally, establish branches in various countries, and relocate employees, necessitating a reevaluation of labor regulations to accommodate the complexities of expatriation.

Objectives of the Order

The primary objective of Order ISM/835/2023 is to establish a clear and comprehensive regulatory framework that precisely defines the scope and conditions under which a situation equivalent to Social Security registration is considered. This is particularly relevant for workers posted in the service of their respective companies outside national borders.

Protecting Workers’ Rights

The significance of this regulation lies in its role in safeguarding and guaranteeing the rights of workers who are compelled to work temporarily abroad for various employment reasons. This protection covers essential aspects, including social security coverage, medical care, retirement, and other benefits crucial for the welfare and economic security of both workers and their families.

Key Assumptions

The Order defines specific assumptions that are equivalent to the situation of registration in the social security system. These assumptions, according to Article 3 of the Order, encompass scenarios such as:

• Dispatch of workers to a country where international instruments for coordinating Social Security systems do not apply.
• Dispatch of workers to a country where, despite the application of international instruments, they are not included within its subjective scope.
• Dispatch of workers to a country where international instruments for coordinating Social Security systems apply, allowing the application of the home country’s Social Security legislation during the dispatch.
• Dispatch of workers to a country where international instruments do not allow the dispatch of workers by their companies to the territory of the other party.

Implementation and Transition

The introduction of this new Order represents a significant departure from traditional approaches, opening doors to innovative opportunities in crafting expatriation strategies. Set to commence on November 1, 2023, this Order brings substantive changes and includes a transitional regime to facilitate a smooth transition period.

Expert Guidance

At ExpatFeliu, we are prepared to offer expert guidance on navigating this new regulation. We conduct individual assessments for each expatriate based on this Order, striving to create the most optimal expatriation strategy for new assignments. Please don’t hesitate to reach out to us for assistance and support.

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On May 8, 2023, the transposition of Directive (EU) 2021/1883 concerning the migration of highly qualified individuals was officially published in the Official State Gazette (BOE).

This transposition brings about significant changes related to the entry and residence conditions for third-country nationals seeking highly qualified employment within the European Union. Notable changes include:

1. Inclusive Entry Criteria: This Directive introduces two types of authorizations for highly qualified personnel, removing the previous requirement for a university degree. Applicants with higher education qualifications are now eligible. This includes a residence authorization for EU Blue Card holders.
2. Wider EU Blue Card Eligibility: The EU Blue Card, originally for highly qualified workers, can now be granted to their spouses, partners, minor and adult children who are economically dependent, and dependent ascendants, subject to specific legal requirements.
3. Simplified Employer Requirements: Size and turnover requirements for employers have been eliminated, extending the scope to include small and medium-sized enterprises.

These changes offer greater flexibility and opportunities for highly qualified professionals and their families. For more information, please don’t hesitate to contact us.

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Article 162-2-e) of the Foreign Regulation has long been the basis for terminating temporary residence permits in Spain, citing the absence of periods lasting six months or more per year. However, a momentous shift occurred on June 5, 2023, when the contentious-administrative chamber of the Spanish Supreme Court issued its ruling 731/2023. In this groundbreaking decision, the Supreme Court declared article 162-2-e) of the Aliens Regulation null and void, asserting that it encroached upon the fundamental right to free movement of foreign citizens residing in Spain, as stipulated in Organic Law 4/2000.

This watershed ruling brings sweeping changes to the landscape of Spanish immigration law. As of June 5, 2023, individuals holding temporary residence permits are now free to remain absent for extended periods beyond six months without risking the revocation or extension of their temporary residence permits in Spain. Moreover, the Supreme Court’s declaration of nullity for this particular article underscores the principle that no regulatory norm should ever impose limitations or contradictions to laws of higher rank, such as the Organic Law 4/2000.

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Webinar of Impatriation, new developments in Immigration, Start up Law, EU Directives and the importance of expatriates complying with their tax obligations in Spain. The creation of multinational teams is strategic for the internationalisation of companies and we must be aware of the opportunities that corporate immigration offers us.

Thank you Amec and all the companies attending!

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The purpose of the regulation is to establish a specific regulatory framework to support the creation and growth of emerging companies in Spain, aimed at promoting their relocation to Spain, attracting talent and international capital, as well as stimulating public and private investment in them, among other objectives.

On many occasions, workers in start-up companies can carry out their work remotely, as long as they have a computer and internet connection. Among other novelties, to regulate the residence of this profile of itinerant professionals and of many others who may choose Spain as a more stable place of remote working, a new category of visa and residence permit has been created.

The international telecommuting visa allows you to enter and reside in Spain for a maximum of one year – unless the work period is shorter – while its holders work for themselves or for employers anywhere in the world. The international telecommuting visa is a sufficient title to reside and work remotely in Spain during its validity. Within sixty calendar days before the expiration of the visa, international teleworkers who are interested in continuing to reside in Spain may request residence permit for international teleworking, as long as the conditions that generated the validity of the visa are maintained.

In addition, the residence permit for international remote working allows foreigners who are already regularly in Spain to request an authorization for a maximum period of three years -unless it is requested for a shorter period of work-, renewable for a period of two years -when the conditions that generated the validity of the permit are maintained-, being able to obtain permanent residence after five years.

The national of a third State is authorized to remain in Spain to carry out a work or professional activity remotely for companies located outside the national territory, through the exclusive use of means and computer systems, telematics and telecommunications;

• In the case of carrying out a work activity, the holder of the permit for international teleworking may only work for companies located outside the national territory.
• In the case of exercising a professional activity, the holder of the permit for international teleworking will be allowed to work for a company located in Spain, as long as the percentage of that work does not exceed 20% of the total of their professional activity.
• Qualified professionals who can prove that they are graduates or postgraduates from prestigious universities, professional training centers and business schools of recognized prestige or with a minimum of three years of professional experience may apply for a visa or residence permit for telecommuting.

This assumption of “international teleworkers” is added to those provided for in Law 14/2013, of September 27^th, on support for entrepreneurs and their internationalization, to benefit from all the advantages granted by that Law, not only in terms of the tight processing times, with positive silence at the end, but also because of the possibility of family reunification from an initial moment.