SPAIN (June 2, 2017) – Posted worker rules implemented
Companies will have additional documentary and notice requirements for posted workers
IMPACT – MEDIUM
What is the change? Spain has implemented the EU directive on posted workers that covers requirements for companies assigning or seconding foreign workers to Spain.
What does the change mean? The new law imposes certain changes to Spain’s existing “Communication of Transfer” rules that have been in place since 1999.
Background: The EU Directive 2014/67 on enforcement of posted workers was adopted in 2014 and gave EU member countries two years to implement it. The directive requires certain notifications and retention of documents for workers posted temporarily in an EU country.
The Spanish law, Act 45/1999, transposes the EU directive rules into Spain’s national laws. Among the changes, the law will require the following:
BAL Analysis: Spanish authorities have begun implementing the communication of transfer rules that have been on the books since 1999 but not fully enforced until recently, and companies are subject to penalties for non-compliance. Further details on changes brought by the implementation of the EU directive are expected to be released soon.
This alert has been provided by the BAL U.S. Practice group and our network provider located in Spain. For additional information, please contact BerryApplemanLeiden@balglobal.com.Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact firstname.lastname@example.org.