In light of the European Labour Authority (ELA) national event in the Netherlands, in December of 2023, which focused on third-country nationals (TCNs) being posted by companies established in one member state to work in another member state1, there has been a significant increase in the movement of TCNs2. ÌýThis increase has been accompanied by numerous queries regarding the definitive scope of the European Union’s Posting of Workers Directive (PWD)3, particularly concerning the potential sanctions for non-compliance.
WHY THIS MATTERS
Any change in criteria applied by the Spanish national-level and regional-level labour authorities could potentially affect:
- the preliminary analysis that is part of assessing PWD compliance responsibilities and corresponding immigration procedures,
- the determination of appropriate strategies for bringing employees into Spain and incorporating them at their employers, as well as
- the consideration of feasible timelines for the review/approval process to be completed.
Employers and their employees (as well as their professional services advisers) may encounter difficulties due to unexpected changes that may occur.ÌýÌý
Background
Spain implemented the PWD of 1996 through Law 45/19994, which mandates that PWD submission is required irrespective of the employee's nationality. ÌýFurthermore, while this legislation primarily pertains to movement within the European Union (EU), it provides an exception (DA 4º) for posted employees from outside the EU, provided their countries have established international treaties with Spain on this matter.Ìý This PWD rule exception situation poses additional challenges, as each of Spain’s 19 regions (Comunidad Autónoma) have labour authorities that may have their own interpretation of this exception, thereby potentially complicating compliance efforts.
Broader Context
In today's global economy, cross-border worker mobility can entail complex immigration procedures. Ìý
Work permits, which authorise foreign nationals to work in a host country, vary by the worker's origin, job nature, and length of stay. ÌýIt is crucial to determine if current permits are transferable or if new permits are needed. ÌýAdditionally, the duration of the stay, whether short-term or long-term, impacts the immigration process.
More Details
Recent developments in Spanish immigration law are set to impact workers from outside the EU and non-EU nationals posted within the EU. ÌýPublished in the BOE on 20 November 2024, Royal Decree 1155/20245 approves the updated Immigration Regulation. ÌýThis regulation, effective from 20 May 2025, revises the rights and freedoms of foreign nationals in Spain, in an effort to achieve a better social integration outcome (stay tuned for further updates from ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Spain).
ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø INSIGHTS
Companies may wish to consult with their usual immigration counsel and HR professionals about the procedures that need to be followed to foster proper compliance in respect of Spain’s PWD rules and implement systems that can help streamline the process. ÌýBest practices include researching host-country requirements, maintaining open communication with employees, developing timelines for permits, and collaborating with legal and HR experts. Ìý
This GMS Flash Alert aims to make readers aware of the current situation in Spain under the 19 systems for PWD and the support ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Spain intends to provide where necessary. ÌýAffected parties should contact their usual immigration adviser or a member of the Immigration team with ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Spain (see the Contacts section) for individualised support.
ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø strives to remain abreast of relevant changes and will endeavour to keep readers of GMS Flash Alert informed as developments occur.Ìý
Footnotes:
1Ìý European Labour Authority, "."
2Ìý See GMS Flash Alert 2024-222, 12 November 2024.
3Ìý For information on the PWD and a link to the Directive, see the European Commission .ÌýÌý
4Ìý .
5Ìý BOE-A-2024-24099 Real Decreto 1155/2024, de 19 de noviembre, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social at: .Ìý See (23 December 2024).
Ìý
Contacts
More information
Disclaimer
* Please note the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in the United States does not provide immigration or labour law services. However, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in Spain.
GMS Flash AlertÌýis a Global Mobility Services publication of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LLP Washington National Tax practice. The ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø name and logo are trademarks used under license by the independent member firms of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø global organization. ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International or any other member firm vis-à -vis third parties, nor does ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
© 2025 ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Abogados, S.L.P., sociedad españolam de responsabilidad limitada profesional y firma miembro de la organización global de ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø de firmas miembro independientes afiliadas a ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International Limited, sociedad inglesa limitada por garantÃa. Todos los derechos reservados.