New document requirements for those being posted to Spain

Employers posting foreign nationals to Spain must now submit posting notifications electronically and must ensure that specific documents are retained during the posting and following its termination.

New document requirements for those being posted to Spain
From 29 May 2017, employers posting workers to Spain must comply with new notification and document retention requirements. Spain has implemented EU Directive 2014/67 67 (concerning the posting of workers in the framework of the provision of services) by amending Act 45/1999.

New Requirements

Employers must now submit the posting notification electronically – although the details of this electronic system are not yet clear.It is now mandatory to include the following information in the posting notification:
  • Details of a designated contact person in Spain responsible for receiving and sending documents and notifications from and to the Spanish authorities;
  • Details of a person in Spain who can represent the foreign employer on any employment issues related to the posting.
It is now also mandatory to keep the following documents available in paper or digital form, along with translations into Spanish if necessary, during the posting and after its termination:
  • Employment contract or other documentation evidencing the working conditions;
  • Payslips;
  • Record of hours worked;
  • Work permit, if required.

Action Items

Companies posting foreign national employees to Spain should ensure that they comply with the new notification and document retention requirements immediately.This news alert was prepared by Peregrine, the global immigration services provider, using information provided by Sagardoy Abogados.For related news and features, visit our Immigration section.Access hundreds of global services and suppliers in our Online DirectoryClick to get to the Relocate Global Online Directory  Get access to our free Global Mobility Toolkit Global Mobility Toolkit download factsheets resource centre

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