The adoption of Directive (EU) 2018/957 of the European Parliament, which amends Directive 96/71/EC or Posting Directive, generates important changes in the international mobility of workers in the provision of services. 

The amendment is the result of an evaluation of the Directive, which aims to level the playing field and provide greater protection for the rights of posted workers. As well as the obligation to respect the working conditions of the country of destination, and to maintain the principle of equal pay. 

What’s new in the new Posting of Workers Directive? 

Protection of posted workers: 

• After 12 months from the posting, (or 18 months, in case there is a reasoned notification) the posted worker will be fully governed by the labor law of the country of destination. Unless the worker has more favorable working conditions derived from the labor legislation in origin. 
• When the effective duration of the posting exceeds 12 months, the companies must guarantee all the working conditions provided for in Art. 3.1 of Law 45/1999, in addition to the other conditions provided for by Spanish legislation; except for procedures, formalities and conditions for the conclusion and termination of the employment contract, including non-competition clauses; and supplementary retirement schemes. 

Guarantee of the application of Spanish legislation in salary and extra-salary concepts: 

The extension in the conditions of accommodation, food, and travel expenses, may make it more expensive for workers to travel from Spain to the rest of Europe, where salaries are higher than here. However, it will be necessary to respect the applicable collective bargaining agreements and the established salaries. 

Labor inspection and Social Security: 

The new Directive raises transparency in the accompaniment of inspectors in the work visit by equivalent experts from other EU member countries, or from the European Labor Authority. 

Likewise, Law 14/1994, which regulates temporary employment agencies, as well as Royal Legislative Decree 5/2000, are also amended to guarantee equal remuneration and treatment between temporary workers assigned by temporary employment agencies and the company’s workers in the destination country. 

Within the framework of the fight against transnational labor fraud, Spain reinforces the enforcement of the regulations regarding the posting of workers with the creation of the Special Coordination Unit, and the additional measures to avoid Social Dumping and to guarantee greater protection to posted workers. At Duguech&Dip we are specialists in international mobility and posting of workers. If you need more information, schedule an appointment with us. 

This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.

* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.

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