National Mechanisms / Organisations working with Posted Workers - Spain
The Inspection sctions: The Labor and Social Security Inspectorate is responsible for monitoring and requiring compliance with the obligations imposed on employers who post workers to Spain. In order to implement and ensure compliance with the regulations on the posting of workers, the competent authorities may carry out an overall assessment of factual data such as, inter alia, the place where the company carries out its principal activity and the nature of the activities provided by the displaced worker. Employers must appear at the request of the Labor Inspectorate at the designated public office and provide the necessary documentation to justify compliance with this Act, including the documentation accrediting the company’s valid constitution. During the travel period, employers must have available in the workplace or in digital format the following documents: Work contracts. The earnings of each worker’s salary and the salary vouchers for each worker. The hourly records that have been made, indicating the beginning, end and duration of the daily business day. The document certifying the work permit to third-country nationals in accordance with the legislation of the State of establishment. The documentation referred to in the previous sections must be submitted in the Spanish or official languages of the territories where the services will be provided. More information about the Labor and Social Security Inspectorate: http://www.empleo.gob.es/itss/web/index.html Data on provincial labor inspectorates and social security: http://www.empleo.gob.es/itss/web/Quienes_somos/Estamos_muy_cerca/index.html
The General Directorate for Employment Inspection and Social Security: Monitor the following violations: Formal deficiencies in the communication of the movement of workers in Spain within the framework of transnational provision of services within the statutory timeframe. Lack of report, form and timing of the competent employment authority, in accordance with the provisions in force, of the occurrences of workplace accidents and of the occupational diseases reported when classified as negligible. Presentation of the posting notice after the start or non-appointment of a company representative to serve as a liaison with the competent Spanish authorities and to send and receive documents or notifications to a person who may be acting in Spain on behalf of a company providing services in the field the procedures for informing and consulting workers and negotiations concerning workers posted to Spain.
The IMI System: In order to strengthen the instruments for administrative cooperation and mutual assistance between Member States provided for in Directive 2014/67 / EC, IMI is relied on as a software application accessible free of charge by the regulatory authorities to facilitate the exchange of information between States EU on the issue of transnational posting of workers. In fact, IMI allows the competent control authorities of a Member State registered and authorized to operate in the system (the National Labor Inspectorate and its own territorial offices in Spain) to identify the relevant competent authorities of other EU countries and to communicate with them quickly and effectively by means of a standard set of pre-translated questions and answers as well as through a possible automatic translation of the free text from and into any official language of the Union. These issues are aimed at obtaining information both for companies sending workers in EU countries and also for posted workers needed in transnational posting inspections within the competence of the requesting authority. Directive 2014/67 / EU provided for the activation of two new functions to be implemented through the IMI system related to the request for notification of administrative or judicial measures and the request for the recovery of administrative pecuniary sanctions to the authorities of another Member State. These functions can be used by the requesting authority with an exclusive reference to acts relating to violation of transnational posting legislation.