Posted workers in Spain are becoming increasingly common as more foreign companies carry out projects in the country and temporarily send their employees to provide services. The posting of workers in the framework of cross-border service provision is regulated by both Spanish and European legislation and involves several administrative obligations that companies must fulfil before starting their activity.
Below we explain what the posting of workers means in practice, which rules apply and what foreign companies should take into account in order to operate legally and avoid problems during project execution.
Posting of workers occurs when a company established in another country temporarily sends its employees to Spain in order to provide services while maintaining the employment relationship in the country of origin.
This may apply to situations such as:
• construction and installation projects carried out on Spanish construction sites
• industrial assembly, welding and maintenance services
• technical services performed at the premises of a Spanish client
• temporary assignments of specialised workers within international service contracts
• subcontracting activities related to infrastructure, manufacturing or energy projects
In all these cases, workers remain employed by the foreign company but temporarily perform their work in Spain.
Which regulations apply to posted workers in Spain?
The posting of workers within the European Union is regulated primarily by European directives on posted workers and by Spanish national legislation that implements these rules.
The main legal framework includes:
• Directive 96/71/EC concerning the posting of workers in the framework of the provision of services
• Directive 2018/957/EU revising the rules on posted workers in the European Union
• Law 45/1999 on the posting of workers in the framework of transnational provision of services in Spain
These regulations aim to ensure that posted workers receive adequate protection and that companies operating across borders respect the same basic labour standards.
As a result, foreign companies posting workers to Spain must comply with certain minimum working conditions established by Spanish law, including rules related to working time, occupational safety and minimum remuneration levels applicable in the sector.
What obligations do foreign companies have when posting workers to Spain?
Companies posting workers to Spain must comply with several administrative and labour obligations before and during the performance of services.
These obligations are designed to ensure transparency of cross-border activities and allow Spanish authorities to verify whether labour regulations are respected.
The most important obligations include the following:
Posting declaration (notification of posted workers)
Before work begins, the company must notify the competent Spanish labour authority about the posting of workers. This notification is usually submitted electronically through the official platform of the regional labour authority and requires the use of a Spanish digital certificate.
Appointment of a representative in Spain
Foreign companies must designate a representative in Spain who will serve as the contact person for Spanish authorities, including the labour inspectorate. The representative may be an individual or a company established in Spain and is responsible for communication with authorities during inspections or administrative procedures.
Document availability
Certain documents must be available at the workplace or in electronic form during the entire period of activity in Spain.
These documents usually include:
• employment contracts of posted workers
• records of working hours
• payslips or salary documentation
• proof of salary payments
• documentation related to occupational health and safety training
All these documents should be translated into Spanish or into the official language of the region where the work is performed, for example Catalan in Barcelona.
They must be kept for at least four years after the completion of the project.
Additional documentation that must also be available includes the posting declaration submitted to the Spanish labour authority, A1 certificates confirming the applicable social security legislation, confirmation of social security registration in the country of origin and certificates proving occupational health and safety training.
Inspections and penalties related to posted workers
Spanish authorities carry out regular inspections to verify whether companies posting workers comply with legal requirements.
These inspections are conducted by the Inspección de Trabajo y Seguridad Social, the Spanish labour inspectorate responsible for monitoring compliance with labour regulations.
During an inspection, authorities may request documents related to the posting declaration, employment contracts, salary payments, working hours or occupational safety training.
Failure to comply with posting obligations may result in significant administrative penalties. Depending on the severity of the infringement, fines may range from several thousand to tens of thousands of euros. In serious cases, authorities may also suspend activities at the construction site or prohibit the continuation of services until the situation is regularised.
For this reason, proper preparation of documentation and compliance with the rules governing posted workers is essential for companies operating in Spain.
Why it is important to comply with posted workers regulations
Compliance with posted workers regulations is not only a legal requirement but also an important factor in building trust with clients and contractors in the Spanish market.
Companies that correctly manage the posting of workers reduce the risk of inspections, project interruptions and financial penalties.
Proper preparation of documentation, timely submission of the posting declaration and compliance with Spanish labour standards allow foreign companies to operate smoothly and focus on the successful completion of their projects.
Understanding the rules governing posted workers in Spain is therefore a key step for any company planning to provide services in the Spanish market.