Labor and Social Security obligations in an international posting of workers from Spain (outbound)

What administrative obligations in the field of employment and social security must be fulfilled in the event of an international posting of workers from Spain? Our colleagues at Gesdocument have produced a Guide that addresses this situation from a practical point of view, summarizing and detailing the main obligations that must be fulfilled in this scenario.

This article gives you an overview and goes over the main obligations on this topic. If you would like more information, we recommend that you download the Guide. It's free. https://www.gdglobalmobility.com/guia/labor-social-security-obligations-posting-workers-from-spain?

It is important to specify that we will talk about administrative labor obligations in the case of an international posting (remaining registered with the Spanish Social Security) and not in the case of expatriation (deregistering from the Spanish Social Security and suspension/termination of the employment contract).

In the context of an international posting of employees from Spain, two main administrative employment obligations arise:

1.     Assignment letter.

2.     Posted worker communication.

1. Assignment letter

This is a document that must include in writing modifications to the essential conditions of the employment relationship. In this regard, the employer must inform the posted worker of at least four essential aspects:

· Posting duration;

·  Currency in which the salary will be paid;

·  What part of the salary will be paid in money and what part in kind;

·  Aspects and details of repatriation.

 2. Administrative obligation arising from the Posted Workers Directive

In addition to preparing the assignment letter and delivering it to the worker, there is an obligation arising from the Posted Workers Directive, which only affects to posted workers within the framework of the European Union.

Specifically, the employer must:

· Inform the employment authority of destination of the posting;

· Specify the duration of the posting;

· Describe the activity;

· Indicate a legal representative who can act as a liaison with the employment authorities of destination.

Another purpose of this Directive is to establish a series of minimum labor conditions:

· The posted worker must have equal remuneration under the same conditions as the employees of the destination country, without taking into account the increase in salary intended to compensate for the assignment;

· if the posting exceeds 12 months* (or 18 with an extension), all applicable working conditions according to labor law in the country of destination must apply, except for these two exceptions: (i) those relating to the formalities for the execution and termination of the employment contract; (ii) supplementary retirement schemes.

If working conditions are more favorable for employees in the country of origin than in the country of destination, the employer must maintain them for the duration of the posting.