Posted Worker Notification Process
EU Directive (2018/957/EU)
The Labour and Social Security Inspectorate (ITSS) is responsible for ensuring compliance with the obligations imposed on business owners that post their workers to Spain.
Form of Declaration
Click here for information on how to register the declaration
general overview
Click here for further information on the Spanish Notification process
Legislation
European Union (Posting of Workers) Directive (2018/957/EU)
An employer who posted workers to Spain in the framework of a transnational provision of services must notify the posting, prior to its commencement and regardless of its duration, to the employment authority of the Autonomous Region where the services will be provided. In case services are provided in the autonomous cities of Ceuta and Melilla, attention should be paid to the displacement in the working and immigration areas of the respective governmental delegations, communicating electronically. To this end, the Ministry of Employment and Social Security has established, in coordination with the Autonomous Communities, a central electronic register of these communications.
The following information is required:
- Identification of the company that posted the worker.
- The fiscal location of that company and its identification number for the purposes of value added tax.
- Personal and occupational data of posted workers.
- Identify the company or companies and, where appropriate, the center or work centers where displaced workers will provide their services.
- Expected starting date and duration of the trip.
- Determination of the provision of services to be posted by the posted workers in Spain, with reference to the relevant case.
- Identity and contact information of a natural or legal person present in Spain designated by the company as his representative to serve as liaison with the competent Spanish authorities and to send and receive documents or notifications if necessary. Identifying information and contact details of a person who can act in Spain on behalf of a company providing services in information and consultation procedures for workers and negotiations concerning workers posted to Spain.
As the Posting of Workers Directive requires EU countries to cooperate and share information, national liaison offices and authorities have been set up in each country.
Please click here to view the National Liaison Offices where the notifications should be sent to.
Spanish Labour Authorities
Employers who move workers to Spain must communicate their posting before it begins , to the competent labor authority by reason of the territory where the services are going to be provided, which will inform the Labor and Social Security Inspection thereof.
Please click here for a list of Labor authorities on working conditions and posting communication.
