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Posting of workers in the framework of the transnational provision of services carried out by undertakings established in Spain

Additional provision one of Law 45/1999

Undertakings established in Spain that temporarily post their workers to the territory of Member States of the European Union or states that are signatories to the European Economic Area Agreement in the framework of the transnational provision of services must guarantee these workers the terms and conditions of employment at the place of the posting in accordance with the national rules that transpose Directive 96/71/EC. This is without prejudice to application of more favourable working conditions for these workers as a consequence of the provisions set out in legislation applicable to their work contract, in the collective agreement or in the individual contracts.

Information about the applicable terms and conditions of employment

The following website of the European Commission contains information sheets on the transposition of Directive 96/71/EC in each Member State, including the terms and conditions of employment applicable to posted workers:

http://ec.europa.eu/social/main.jsp?catId=726&langId=en

This website includes the following link from where you can download a PDF with the contact details of the liaison offices of all Member States.

Posting of workers - national liaison offices.

Moreover, those interested in a temporary posting of workers to one of the States mentioned can receive information about the terms and conditions of employment they must guarantee, either by contacting the authorities of these States that are responsible for information or the Spanish Labour Administration, which shall pass on information requests and provide any responses facilitated. When the Labour Administration receives this information directly from the competent bodies of other States, it shall also provide this notification.

Administrative infractions and sanctions in accordance with Spanish legislation

Administrative infractions are those acts or omissions by these undertakings through which they breach the terms and conditions of employment at the place of the posting pursuant to national standards transposing Directive 96/71/EC, typified and sanctioned in accordance with Spanish labour legislation.

This cannot give rise to the sanctioning of acts and omissions of the obliged subjects that have already been criminally or administratively sanctioned in the country of posting in cases in which the identity of the subject, the event and the background are known.

Spanish social jurisdiction competency

The Spanish social jurisdictional bodies shall be competent in any litigation pursuant to this additional provision and which take place as a consequence of the posting. This is without prejudice to the possibility of commencing legal action in the territory of the Member State where the worker is or has been posted, pursuant to the provisions set out in this regard in national legislation through which the provisions set out in article 6 of Directive 96/71/EC are applied.

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