Posted Workers Notification: What is it for?

Last Tuesday, February 11, in collaboration with the British Chamber of Commerce in Spain, we hosted a webinar on short-term employee postings. Our talent and mobility expert, Iván Boumakhrouta, explained in less than 60 minutes everything companies need to know about this topic.

To protect posted workers, in this post, we will explain one of the most important elements of the Posted Workers Directive: the process of notifying the authorities about the posting.

 

 

What must be reported when posting workers?

The posting of workers is regulated by Directive 96/71/EC, of December 16, 1996. Also known as the Posted Workers Directive, it was created to protect both posted and local workers from dumping and discrimination, while ensuring compliance with labor laws in each country.

Article 4 of the directive, which focuses on cooperation in information matters, establishes the obligation to respond to justified requests from authorities or relevant organizations.

As our talent and mobility expert Iván Boumakhrouta states, the notification process is simply about informing the authority of all the conditions of the posting. This includes dates, workplace, a brief description of the activities to be carried out, and other circumstances considered by Article 3 of the directive as “working and employment conditions.”

How does the notification system work?

In general, this process is carried out through online forms. However, it is important to note that notification does not exempt companies from complying with labor regulations.

In Spain, each Autonomous Community is responsible for managing notifications, meaning there is a separate notification process for each region.

There are also penalties for non-compliance. If a company fails to notify a posting on time, provides incorrect information, or submits false documentation, the European directive foresees sanctions. Iván Boumakhrouta recommends submitting the notification at least 15 days before the start of the posting. If this is not possible, it should be done before the work begins.

Specific rules for the construction sector

The First Additional Provision of Royal Decree 1109/2007, of August 24, which implements Law 32/2006, of October 18, establishes additional obligations for construction companies posting workers.

In these cases, the law requires that the notification process be completed before any work begins.

Additionally, for postings lasting more than eight days, companies must be registered in the Accredited Companies Register (REA), under the labor authority of the region where their first service will take place in Spain.

In other words, before posting workers, the company must already be registered in the REA.

Other relevant aspects

Once all the necessary information has been collected and the notification is ready, there are other key aspects to consider. While they are not directly related to the European Posted Workers Directive, they are still highly relevant for international postings:

• Immigration status: Non-EU employees may require additional permits depending on the duration of the posting.
• Taxation: In long-term postings, the employee’s **tax residency** may shift to the host country.
• Permanent establishment: If employees perform work abroad for their home employer, **there may be a risk of creating a permanent establishment** in that country.
• Specific local regulations: Some sectors (construction, agriculture, temporary employment agencies) may have **specific rules regarding postings**.

✅​ Contact our professionals and discover how we can help you comply with your obligations when posting workers abroad.