Royal Decree-Law 7/2021, of April 27, incorporates into Spanish regulations, among others, Directive (EU) 2018/957, which modifies Directive 96/71/EC on the posting of workers to carry out services. The main objective of the new labor measures included in the RDL is to guarantee the rights of posted workers, as GD Global Mobility first mentioned here: New guidelines on posted workers.
New measures for posted workers
This new regulation supposes the modification of certain legal texts. These are the main changes affecting the posting of workers to Spain:
- Application of most of the Spanish labor legislation (or of the respective host/destination country) to postings of more than 12 months or 18 months, in case of notification of extension. Companies must guarantee their posted workers the other working conditions provided for in the legislation of the host country, with the exception of the procedures, formalities, and conditions of conclusion and termination of the employment contract, including the non-competition and supplementary retirement regime clauses.
- Application of the principle of equal remuneration is guaranteed.
- Expansion of the working conditions of posted workers that must be guaranteed by employers who send their workers to Spain. Specifically, matters on which the application of Spanish legislation must be guaranteed have been widened to the conditions of accommodation and to the supplements for reimbursement of travel, accommodation, and living expenses provided for workers who are away from their home for professional reasons during their stay in Spain. In fact, to limit the spread of COVID-19 as well as other infectious diseases, the European Parliament has asked the Member States to guarantee quality accommodation for border and seasonal workers, unrelated to their remuneration.
- Requirement of transparency regarding the salary or extra-salary nature of the supplement paid for the posting.
- Improved inter-administrative cooperation to prevent fraud and abuse.
- Classification of the infractions that derive from legal breaches.
- The standard also reinforces the work of the Labor Inspectorate since it provides that inspectors may be accompanied on their visits by experts from other EU or EEA member states, the European labor authority, or others qualified for such a situation.
Labor protection for workers assigned by foreign temporary employment agencies
In addition, it is important to note that the application of the principle of equal pay and other essential working conditions is also guaranteed for workers assigned by temporary employment agencies (ETT) from another Member State of the European Union or the European Economic Area, and workers of Spanish users.
In turn, the consequences of “chain” posting of workers provided by ETTs to user companies from the same or another EU or EEA member state to carry out temporary work in Spanish territory are regulated.
We would also like to highlight other main modifications that have been made in Law 14/1994, of June 1, which regulates temporary employment companies:
- User companies that carry out their activity in Spain and that send workers who are assigned to them by temporary employment agencies to another EU or EEA member state are obliged to indicate in the provision contract the estimated start dates and end dates of the posting, and to report the posting to the ETT sufficiently in advance so that it can communicate the posting to the other State to which the worker is sent.
- The ETTs are also obliged to communicate to the competent labor authority specific additional information when undertaking a posting (such as the identification of the foreign user company that sends the worker to Spain).
This content is for information purposes and only includes certain general aspects of Royal Decree-Law 7/2021. If you need advice or are interested in hiring specialized services for advice and management of the international mobility of workers, you can contact our experts on International Mobility for Companies.
