Non-EU employees who, within the framework of a transnational service provision, are temporarily posted to Spain by companies established in a Member State of the European Union do not need authorization to work in Spain, provided they are authorized to work in the Member State of the company that hires and posts them.
“Posting within the framework of a transnational service provision” shall be understood as a posting to Spain carried out by companies established in the EU for a limited period of time in any of the following cases:
a. The posting of an employee under a contract for the provision of services to a company that is established or that operates in Spain.
b. The posting of an employee to a work centre of the company itself or of another company of the group of which it is part.
The posted employee must maintain the employment relationship with the company that posts him or her during the entire duration of the posting.
Likewise, during the entire duration of the posting, the employee will continue to be registered with and contribute to the Social Security in his or her country of origin, from where he or she is posted.
1. Obligations in relation to the Spanish company receiving the non-EU employee:
The Spanish company, prior to the start date of the posting and irrespective of its duration, must notify the competent labour authority corresponding to the territory where the services will be provided by the employee.
2. Obligations in relation to the company established in a Member State of the European Union that posts the employee to Spain:
The company established in a Member State of the European Union must notify the posting to the Social Security of its country, for the purpose of maintaining said Social Security during the posting.
The Social Security of that country will issue a European form called A1, accrediting the communication of the posting.
3. Obligations of the posted employee:
When the expected duration of the provision of services is longer than three months, the posted employee must apply for the appropriate residence visa at the Consulate of Spain in the country of origin.
Validity and renewal
The communication of the transnational provision of services enables the start of work activity in Spain and to reside for a maximum period of one year.
If after the maximum period of initial posting, the employee must continue to carry out his or her work, the company of origin must request the extension of the existing Social Security legislation of the country of origin.
The posting renewal will be made for a period of twelve months.
Once the continuous posting in Spain has lasted for 24 months, a new extension may be requested which, in this case, must be authorized by the Central Social Security Office of the country of origin.
The maximum duration of initial posting plus extensions cannot exceed 5 years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.