Spain
I. Legal notice – disclaimer
This sheet aims to provide a general overview of the main substantive rules concerning terms and
conditions of employment to be respected in accordance with the legislation transposing Directive
96/71/CE concerning the posting of workers in the framework of the provision of services (OJ L 18 of
21.1.1997). By its very nature, such a sheet can only summarise and does not necessarily contain all
information relevant in this context. In no way can it replace legislative, regulatory or administrative
texts, or applicable collective agreements. The information below has been provided by the
authorities of the Member States, who have made every effort to ensure its accuracy. Neither the
Commission nor the Member States concerned can, however, guarantee that the information
provided is always precise, complete, accurate and up to date. Furthermore, publication on the
portal of the European Commission does not imply in any way that the latter or its services consider
the rules presented in this way to be in conformity with Community law.
II. Instrument transposing Directive 96/71/EC
Act 45/1999 of 29 November 1999 concerning the posting of workers in the framework of the
transnational provision of services
Officially published: Boletín Oficial del Estado, 30 November 1999
Consolidated version:
http://www.boe.es/buscar/act.php?id=BOE-A-1999-22895
III. Information on legislation applicable in accordance with the Directive
Information on legislation applicable to undertakings which, for a limited period of time, post
workers to the territory of another Member State can be obtained at the following address: see list
of liaison offices in the pdf file entitled “Posting of workers - national liaison offices” in the right
column at this link:
http://ec.europa.eu/social/main.jsp?catId=726&langId=en
Information can also be obtained at:
Full information on Spanish labour legislation, including information on posting of workers, may be
found in the Labour Guide issued annually by the Ministry of Employment and Social Security. Easy
access to this information is provided by the link to the Guide on the Ministry's website:
http://www.empleo.gob.es/es/Guia/index.htm
The page of the Labour Guide dealing with posting of workers for cross-border service provision gives
a general overview. The relevant links are given below:
, The websites of the most representative trade unions at national level are:
http://www.ccoo.es/csccoo/menu.do
www.ugt.es
The websites of the most representative employers' associations at national level are:
http://www.ceoe.es/
www.cepyme.es (for SMEs)
IV. Failure to comply with the prescribed terms and conditions of employment
Cases of failure to comply with the prescribed terms and conditions of employment in Spain and
possible cases of illegal transnational activities can be reported to the Labour and Social Security
Inspectorate of the province concerned or the competent liaison office. Details of monitoring
authorities in Spain can be found in the pdf file in the right column of this website:
http://ec.europa.eu/social/main.jsp?catId=726&langId=en
Where there is doubt as to the territorial unit within which non-compliance has occurred, the central
inspection authority may be contacted:
Dirección General de Inspección de Trabajo y Seguridad Social
Subdirección General de Relaciones Institucionales y Asistencia Técnica
C/. Agustín de Bethencourt, 4
28003 Madrid
Tel.: (+34) 91.363.11.63
Fax: (+34) 91.363.06.78 / (+34) 91.363.06.82
V. Situations constituting a posting [Article 1 of the Directive]
Act 45/1999 concerning the posting of workers in the framework of the transnational provision of
services applies to undertakings established in a Member State of the European Union or in a
Contracting Party to the Agreement on the European Economic Area which post workers to Spain for
purposes of cross-border service provision, except for merchant navy undertakings as regards
seagoing personnel.
For the purposes of this Act, "posting of workers in the framework of the transnational provision of
services" means posting to Spain by the undertakings falling within the scope of this Act for a limited
period of time in any of the following cases:
a) Posting of a worker for the account and under the direction of the undertaking making the posting,
under a contract concluded between that undertaking and the party established or operating in
Spain for whom the services are intended.
I. Legal notice – disclaimer
This sheet aims to provide a general overview of the main substantive rules concerning terms and
conditions of employment to be respected in accordance with the legislation transposing Directive
96/71/CE concerning the posting of workers in the framework of the provision of services (OJ L 18 of
21.1.1997). By its very nature, such a sheet can only summarise and does not necessarily contain all
information relevant in this context. In no way can it replace legislative, regulatory or administrative
texts, or applicable collective agreements. The information below has been provided by the
authorities of the Member States, who have made every effort to ensure its accuracy. Neither the
Commission nor the Member States concerned can, however, guarantee that the information
provided is always precise, complete, accurate and up to date. Furthermore, publication on the
portal of the European Commission does not imply in any way that the latter or its services consider
the rules presented in this way to be in conformity with Community law.
II. Instrument transposing Directive 96/71/EC
Act 45/1999 of 29 November 1999 concerning the posting of workers in the framework of the
transnational provision of services
Officially published: Boletín Oficial del Estado, 30 November 1999
Consolidated version:
http://www.boe.es/buscar/act.php?id=BOE-A-1999-22895
III. Information on legislation applicable in accordance with the Directive
Information on legislation applicable to undertakings which, for a limited period of time, post
workers to the territory of another Member State can be obtained at the following address: see list
of liaison offices in the pdf file entitled “Posting of workers - national liaison offices” in the right
column at this link:
http://ec.europa.eu/social/main.jsp?catId=726&langId=en
Information can also be obtained at:
Full information on Spanish labour legislation, including information on posting of workers, may be
found in the Labour Guide issued annually by the Ministry of Employment and Social Security. Easy
access to this information is provided by the link to the Guide on the Ministry's website:
http://www.empleo.gob.es/es/Guia/index.htm
The page of the Labour Guide dealing with posting of workers for cross-border service provision gives
a general overview. The relevant links are given below:
, The websites of the most representative trade unions at national level are:
http://www.ccoo.es/csccoo/menu.do
www.ugt.es
The websites of the most representative employers' associations at national level are:
http://www.ceoe.es/
www.cepyme.es (for SMEs)
IV. Failure to comply with the prescribed terms and conditions of employment
Cases of failure to comply with the prescribed terms and conditions of employment in Spain and
possible cases of illegal transnational activities can be reported to the Labour and Social Security
Inspectorate of the province concerned or the competent liaison office. Details of monitoring
authorities in Spain can be found in the pdf file in the right column of this website:
http://ec.europa.eu/social/main.jsp?catId=726&langId=en
Where there is doubt as to the territorial unit within which non-compliance has occurred, the central
inspection authority may be contacted:
Dirección General de Inspección de Trabajo y Seguridad Social
Subdirección General de Relaciones Institucionales y Asistencia Técnica
C/. Agustín de Bethencourt, 4
28003 Madrid
Tel.: (+34) 91.363.11.63
Fax: (+34) 91.363.06.78 / (+34) 91.363.06.82
V. Situations constituting a posting [Article 1 of the Directive]
Act 45/1999 concerning the posting of workers in the framework of the transnational provision of
services applies to undertakings established in a Member State of the European Union or in a
Contracting Party to the Agreement on the European Economic Area which post workers to Spain for
purposes of cross-border service provision, except for merchant navy undertakings as regards
seagoing personnel.
For the purposes of this Act, "posting of workers in the framework of the transnational provision of
services" means posting to Spain by the undertakings falling within the scope of this Act for a limited
period of time in any of the following cases:
a) Posting of a worker for the account and under the direction of the undertaking making the posting,
under a contract concluded between that undertaking and the party established or operating in
Spain for whom the services are intended.
