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SPAIN – New Notification and Document Storage Requirements for Posted Workers

Effective 29 May 2017, employers posting workers to Spain must comply with new notification and document retention requirements. Spain has implemented EU Directive 2014/67 67 (concerning the posting of workers in the framework of the provision of services) by amending Act 45/1999.

New Requirements

Employers must now submit the posting notification electronically – although the details of this electronic system are not yet clear.

It is now mandatory to include the following information in the posting notification:

  • Details of a designated contact person in Spain responsible for receiving and sending documents and notifications from and to the Spanish authorities;
  • Details of a person in Spain who can represent the foreign employer on any employment issues related to the posting.

It is now also mandatory to keep the following documents available in paper or digital form, along with translations into Spanish if necessary, during the posting and after its termination:

  • Employment contract or other documentation evidencing the working conditions;
  • Payslips;
  • Record of hours worked;
  • Work permit, if required.

Action Items

  • Companies posting foreign national employees to Spain should ensure that they comply with the new notification and document retention requirements immediately.

This news alert was prepared using information provided by Sagardoy Abogados.

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DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.