Spain

28. 6. 2012

The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.

Notification duty

Spain does not require notification. A contract with a company for whom posted workers will pursue the services has to be signed. The posting company must notify the competent institution in its home country of posting employees to Spain.

Notification office

No

Tax office where posted employees must register when exceeding 183 days in Spain

The competent territorial Financial Office – Hacienda

more information: www.asesores.com

Period of notification of posting

No

Sanctions for failure to notify

No

Notification form

No

Data to be notified

A client in Spain has to be submitted copies of a confirmation of registration of the Czech company posting workers to Spain issued by the Financial Office in the CR and valid for 1 year. The client shall also receive copies of documents issued by the competent office in the CR following the notification of posting of workers. Translation to Spanish is recommended.

Maximum length of working time

40 hours a week. Exemptions from this rule apply to certain professions working in the security and health sector.

Minimum length of a rest period

1 and half day a week. Exemptions from this rule apply to certain professions working in the security and health sector.

Minimum length of holidays

30 calendar days – en employee is entitled to 2.5 days of holidays for every month (30 days) of the employment contract.

Minimum wage

The current minimum wage in Spain is 633.30 EUR. Wages and overtime remuneration are stipulated in collective agreements according to the type of a position.

Documents to be available at the place of pursuance of work

  • E 101 or E 102 form
  • EHIC – European Health Insurance Card
  • Identification document

It is also required to keep certificates of professions requisite in compliance with the EU legislation.

Necessity to translate documents

Certified translation of all documents is recommended in order to prevent from possible conflicts with labour inspectors.

Obligation to store the documents

4 years are required, 5 years are suggested

Obligation to entrust a responsible representative

No

Obligation to entrust a responsible representative for receiving papers

No

Discussion

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