Effective immediately, Spain has implemented the EU Directive on the posting of workers.   There are three main changes to the requirements for these applications.

First, the Communication of Transfer (COT) will be required to be filed electronically.  The central register is expected to be in operation in six months.  Until then, COT may be submitted as previously, online or manually. 

Second, the COT must contain the details of the natural or legal person in Spain who represents the foreign company in regards to the communication of transfers as well as in regards to the workers and the negotiation related to posted workers. Previously it was only the data, rather than the contact details, of the representative that were required.

Third, the following documents must be available and translated to Spanish, if in another language, during the transfer and termination of foreign nationals: the employment contract and documentation evidencing the work conditions, pay slips, registry of working hours, and Work Permit (when applicable).

What This Means for Employers and Foreign Nationals

Employers and foreign nationals submitting posted worker applications in Spain will need to take these new requirements into account when preparing the applications.

Fragomen can assist with applications and ensure they fully comply with the new requirements.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com.