Posting of workers to Spain
Spain is one of the more popular destinations for posting workers, especially in industries such as construction or transportation. As a European Union country, it offers favorable conditions for foreign companies, but it also sets specific formal requirements for entrepreneurs posting workers to its territory.
Posting of workers to Spain - the most important information
To legally post an employee to Spain, a company must comply with both EU requirements (Directive 96/71/EC and 2014/67/EU) and local regulations. Key obligations include:
- Notification of posting – you must notify the Spanish Ministry of Labor of the worker’s posting before the work begins
- Designation of a representative – the posting company must designate a contact person (representative) residing in Spain who will be responsible for contacting Spanish authorities during the posting.
- Terms and conditions of employment – the employee must be paid in accordance with Spanish minimum wages or the collective agreements (convenios colectivos) in effect in the region or sector.
- Documentation – keep at the workplace documents such as the employment contract, A1 form, confirmation of notification of posting, confirmation of payment of wages and proof of registration of the employee (if required locally).
Registration with REA - an obligation for companies in the construction industry
If the posting is in the construction industry, the company must be registered with Spain’s REA (Registro de Empresas Acreditadas) – or Registry of Accredited Companies. The purpose of this registry is to confirm that the company complies with Spanish health and safety regulations and employs workers in accordance with applicable standards.
- Registration must be done in the region where the work is performed.
- The procedure can take several days, so it’s a good idea to start in advance.
- The REA number is required by many contractors and is often checked during inspections.
Posting of third-country nationals to Spain
Posting non-EU workers to Spain is possible, but comes with additional obligations. The employee must have legal residence and employment in Poland and be covered by the social security system. Spanish authorities may require additional documents or permits – especially for longer stays.
Posting of the self-employed to Spain
Sole proprietors can provide services in Spain under the principle of freedom to provide services in the EU. However, in some sectors (e.g., construction, installation, technical services), additional notifications, registration with the REA or compliance with local professional requirements may be required.
Why choose IMPOL?
IMPOL, as a representative of hundreds of foreign companies in France, has developed over the years an online secondment management know-how that allows you to manage all your secondment responsibilities. Including storing mandatory documents, managing seconded employees. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labor laws, which will translate into a smooth stay for your employees and the completion of the assigned work.
Representative
We support you through the entire process of posting employees to France. We provide advice. We assist you in emergency situations. We apply for special permissions to ensure maximum impact and profitability.
Application and documentation management
Depending on your needs, we will take care of all the formalities related to posting to France , from setting up the account to the declaration of the posted employees.
Assistance in case of inspections
We intervene in the event of an inspection by an inspectorate, providing the required documents for the necessary to justify compliance with posting obligations. As a sworn Polish-French translation agency and having our own lawyer specializing in social law, we offer you comprehensive care.