Comunication of posting of workers in the framework of the transnational provision of services

HOW DO I QUALIFY?

The cases of posting are as follows:

• The posting of a worker on behalf of and under the direction of his company in execution of a contract entered into between the company and the recipient of the provision of services, who is established or who carries out his activity in Spain.
• The posting of a worker to a work centre of the company itself or of another company of the group of which it forms part.
• The posting of a worker by a temporar.

What documents do I need?

Application on a standard form, bearing in mind that:

• If the company posts its workers to carry out subcontracting work in the construction sector, it must be registered in the Register of Accredited Companies (REA).
• If it is registered, the registration number in the Register of Accredited Companies must necessarily appear in the communication. REA number.
• If it is not registered and the duration of the trip is longer than eight days, in addition to submitting this document, it must also include the information and documents established in Article 4 of Royal Decree 1109/2007, of 24 August (BOE of 25 August), which implements Law 32/2006, of 18 October, regulating subcontracting in the construction sector, in order to proceed with its registration in the Register of Accredited Companies, given that in this case, the notification implies an application for registration, as established in the subcontracting law. On the other hand, article 3.1 of RD 1109/2007 states that "Companies that intend to be contracted or subcontracted for work on a construction site must be registered in the Register of Accredited Companies".

If the company posting its workers is a temporary employment agency, the following documents must accompany the notification:

• Accreditation that the company meets the requirements of the legislation of its State of establishment to make workers hired by it available to another user company on a temporary basis.
• Specification of the temporary needs of the user company that are to be satisfied with the contract of provision, indicating the corresponding case of those provided for in article 6 of Law 14/1994, of 1 June, which regulates temporary employment agencies.

The notification shall be completed in Spanish and all accompanying documentation shall be submitted in its original language and translated into Spanish.

The notification of transnational transfer shall be addressed to the Territorial Labour Offices of the province where the services are provided, which shall inform the Labour Inspectorate and the State Tax Agency.

WHAT TIME DO I HAVE TO ASK?

Companies must give notice of such movement before the start of the activity.

APPLICABLE LEGISLATION:

• Law 45/1999 of 29 November 1999 on the posting of workers in the framework of the transnational provision of services (BOE 30-11-2009)
• Directive 96/71/EC of the European Parliament and of the Council of 16 December on the posting of workers in the framework of the provision of services (OJEU 21-01-1997)
• Law 32/2006, of 18 October, regulating subcontracting in the construction sector (BOE 19-10-2006)
• Royal Decree 1109/2007, of 24 August, implementing Law 32/2006, of 18 October (BOE 25-08-2007)
• Law 14/1994, of 1 June 1994, regulating temporary employment agencies (BOE 02-06-1994)
• Royal Legislative Decree 2/2015, of 23 October, approving the revised text of the Workers' Statute Law (BOE 24-10-2015)

Organisation:

Organisation responsible

• Consejería de Industria, Comercio y Empleo
• Dirección General de Trabajo y Prevención de Riesgos Laborales

MANAGING ORGAN:

Oficinas Territoriales de Trabajo

ORGAN THAT RESOLVES:

Oficinas Territoriales de Trabajo