On May 27th in Spain a new regulation concerning the posting of workers in the framework of the provision of services has entered into force.
This law finally puts Spain among those countries that, such as France, Germany, Italy and Austria, have a regulation concerning this subject. The employer that is going to post his workers, in this case his employed haulers, in a foreign country will be obliged to name a legal representative in the country where the workers are going to be posted. In addition, the employer must complete an online form in order to inform the Spanish autorities. This requirement is very similar to those applied nowadays in other countries. Furthermore, a minimum wage rule has also to be respected in order for the worker to be posted abroad.
It is now mandatory to allow the authorities to identify and contact the natural or legal person that the company has chosen as a legal representative in Spain. This person will act as a connection between the company and the authorities, in order to recieve and/or send the necessary documentation.
Talking about documentation, this is what is now required:
- Payroll that proves that every worker is getting payed
- Authorization that allows to work in a foreign country
- Existing contract that proves that the hauler is contracted to that specific company
- A registry that proves the hours that the worker has covered
These new rules does not concern autonomous haulers. The documentation have to be translated in Spanish or in one of the other officially accepted languages. If the company should not fulfil these requirements, it will be fined by the authorities.