On May 27, Royal Decree-Law 9/2017 was published in Spain’s Official Gazette of 26 May, transposing into Spanish law six European Union directives in the financial, corporate/commercial and health fields, and on the posting of workers.
As regards to the posting of workers the framework of transnational provision of services, the amendment is primarily intended to ensure that the protection of the rights of posted workers for the provision of cross-border services is respected, more specifically, that the conditions of employment applicable in the Member State in which the service is to be provided are fulfilled.
To this end, Law 45/1999 of 29 November on the posting of workers within the framework of the provision of transnational services, is amended, clarifying definitions and incorporating an electronic communication system of postings; companies are imposed new obligations such as having documentation related to the contracts available to the authorities at the work centre where the service is provided, collaborating with the labour authority, etc., a central electronic registry of postings is created and mutual assistance between the administrations of the different states is recognized.
For its part, the amendment of the Law on Infringements and Sanctions in the Social Order, has resulted in a new wording of the infringements in this matter in order to include as an infringement the lack of communication of work accidents during the posting of workers, lack of available documentation regarding the postings, not presenting the documentation required by the Labour and Social Security Inspectorate, as well as the non-fulfilment of any of the obligations imposed in this matter by the European regulations.
