Directive 96/71 and 2014/67 fulfillments
Posting Workers To Spain
1
Professional Services For Directives 96/71 and 2014/67

Directive 96/71/EC and 67/2014/EU fulfillments for Spain

Maximum work periods and minimum rest periods
Directive 96/71/EC – Art. 3, par. 1(a)

Yes

Minimum rates of pay, including overtime rates
Directive 96/71/EC – Art. 3, par. 1(c)

Yes, overtime rates depend on the collective agreement.

Health, safety and hygiene at work
Directive 96/71/EC – Art. 3, par. 1(e)

Yes

Obligation to present a posting declaration to the responsible national competent authorities
Directive 67/2014/EU – Art. 9, par. 1(a)

NO,  if the posting does not exceed 8 days.
YES, if the posting exceeds 8 days.

The registration of the posting is required only in case the duration of the posting exceeds 8 days. In case the posted worker was previously posted to Spain to perform the same activity within the same year, and the total duration of the two postings exceeds 8 days, the notification is required.

How to submit a posting declaration
Directive 67/2014/EU – Art. 9, par. 1(a)

ONLINE REGISTRATION OR BY POST SUBMISSION

Registration of the posting to the Competent Territorial Labour Inspectorate where the service is performed (the registration can be submitted either online or by post according to the rules of the Competent Dirección General de Trabajo).

Obligation to keep and make available all documents in the workplace
Directive 67/2014/EU – Art. 9, par. 1(b) e (d)

Yes

All documents must be translated into Spanish or any other official language of the region where the service is performed.

Storage of posting documents
Directive 67/2014/EU – Art. 9, par. 1(c)

Yes

Designation of domiciled representative in the Host Country
Directive 67/2014/EU – Art. 9, par. 1(e) e (f)

Yes