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Show Applicable labour law

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<div class="ck-content" data-wrapper="true" dir="ltr" style="--ck-image-style-spacing: 1.5em; --ck-inline-image-style-spacing: calc(var(--ck-image-style-spacing) / 2); font-family: Segoe UI; font-size: 11pt;"><p style="margin: 0; text-align: justify;"><strong>Law 45/1999</strong> on the Posting of Workers in the Framework of the Provision of Transnational Services regulates the posting of workers in Spain. This law:</p><p style="margin: 0; text-align: justify;">&nbsp;</p><ul style="list-style-position: initial;"><li data-list-item-id="e0ac6b250725f6ba51d5f808385f162d0"><p style="margin: 0; text-align: justify;"><strong>Regulates employment conditions</strong> by requiring employers posting workers to Spain within the framework of a transnational service provision to comply with Spanish labour law, regardless of the law governing the employment contract. Key provisions include: adherence to working time regulations (Articles 34–38 of the Act on Workers' Statute), minimum salary and remunerations (Article 4 of Law 45/1999 and articles 26 to 29 of the Act on Workers’ Statute), and non-discrimination based on sex, origin, age, social status, beliefs, political opinions, sexual orientation, trade union affiliation, family ties, language, or disability (article 4.2.c) of the Act on Workers’ Statute and Organic Law 3/2007 on equal treatment on women and men. Employers must comply with rules on child labour (Article 6 of the Workers' Statute), occupational health and safety (including maternity and young worker protections) (Act 31/1995 on Labour Hazards Prevention), and ensure equal treatment for temporary and part-time workers (art. 3.1.f) of the Act 45/1999). The law also protects workers' privacy and dignity (Article 4.2.e) of the Act on Workers’ Statute), guarantees trade union rights (Organic Law on Trade Union Freedom), regulates hiring-out conditions (article 43 of the Act on Workers’ Statute and the Act 14/1994 on Temporary Work Agencies), sets standards for employer-provided accommodation (Annex V a) of Royal Decree 486/1997 on Occupational Safety and Health in workplaces) , and mandates travel and subsistence expense coverage (article 26.2 of the Act on Workers’ Statute) when workers travel for professional purposes.</p></li><li data-list-item-id="e7794fa570222409065fab59f5d8d2bf7"><p style="margin: 0; text-align: justify;"><strong>Defines a posted worker </strong>as any worker, whatever their nationality, employed by an undertaking covered by this Law, who is posted to Spain for a limited period of time in the framework of a transnational provision of services, provided that there is an employment relationship between such undertakings and the worker during the period of posting. Article 8 bis of the Act 45/1999 adds the conditions provided by art. 4 of Directive 2014/67/EU for genuine posting.</p></li></ul><p style="margin: 0; text-align: justify;">&nbsp;</p><p style="margin: 0; text-align: justify;"><strong>The definition of a worker</strong> is instead provided in the Act on <strong>Workers’ Statute</strong> (Ley del Estatuto de los Trabajadores, Royal Legislative Decree 2/2015 article 1.1). A worker is defined as a person who voluntarily provides his or her paid services as employee and within the framework of the organisation and management of another person, whether natural or legal, known as employer.</p><p style="margin: 0; text-align: justify;">&nbsp;</p><p style="margin: 0; text-align: justify;">The application of the Workers' Statute differs for workers posted to and from Spain:</p><p style="margin: 0; text-align: justify;">&nbsp;</p><ul style="list-style-position: initial;"><li data-list-item-id="e9f74d1ed9e9837fe1a1e6764a7d7ae9b"><p style="margin: 0; text-align: justify;"><strong>For workers posted to Spain</strong>, <strong>Law 45/1999</strong> ensures compliance with Spanish labour standards – such as working time, pay, health and safety, and equality – regardless of the law governing the employment contract. However, the full application of the Workers' Statute is not required. TCNs legally employed in another Member State and posted to Spain benefit from the same protections.</p></li><li data-list-item-id="e37833c6ca5ac0d6833733b886d15e6e1"><p style="margin: 0; text-align: justify;"><strong>For workers posted from Spain</strong>, the <strong>Workers' Statute</strong> (article 1.4.) provides that Spanish labour law applies to Spanish workers recruited in Spain by Spanish companies to work abroad, unless this conflicts with the host country's public order rules. These workers must receive at least the same economic rights they would have if working in Spain. In line with Law 45/1999, Spanish companies posting workers to EU/EEA countries must comply with the host country's working conditions under Directive 96/71/EC and Directive (EU) 2020/1057, while applying more favourable conditions according to the law applicable to their labour contract (pursuant Regulation Rome I 593/2008) and collective agreements (first additional provision of the Act 45/1999).</p></li></ul></div>

Employments contracts

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Table 2 - Overview of relevant national administrations

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Country-Fiche: Spain

Competent authorities

Request for information from national authorities

Table 1 - Overview of relevant national administrations

Applicable labour law

Employments contracts

Table 2 - Overview of relevant national administrations

Temporary Work Agencies

Social security

Electronic Exchange of Social Security Information (EESSI) system (includes public repository of social security institutions)

Institutions responsible for the issuance of PD A1

Online tool to check PD A1

European Health Insurance Card (EHIC) – List of institutions that issue the EHIC

Entry and stay requirements for TCNs

Visa

Table 3 - Visa types

Residence and work permits

Table 4 - Residence Permits

Table 5 - Work Permits

Special entry and stay requirements

Travel and residence documents

Useful Links

Table 6 - Useful links