Better conditions for truckers and price reviews on public works

Automatic summary, not yet reviewed

1. Drivers of trucks over 7.5 tons will not be allowed to take part in loading and unloading goods, except in specific cases such as moving services, tankers or parcel delivery. The rule applies to all loading and unloading operations in Spain.
2. If a truck waits more than one hour to be loaded or unloaded, the carrier can claim compensation for the standstill. The first hour is not paid and at most ten hours per day count.
3. The price of transport must be adjusted if the fuel price changes by 5% or more between signing the contract and carrying out the transport. In ongoing contracts, the adjustment will apply at most every quarter.
4. The rule transposes Directive (EU) 2020/1057 on the posting of drivers in road transport. It sets out when a driver is not considered posted, what notifications and documents companies must provide, and what checks authorities can carry out.
5. The sanction regime is tightened to fight fraud by so-called letterbox companies, which operate outside their home state to benefit from lower costs. Failure to notify a posting and fraudulent posting of workers are now classified as very serious infringements.
6. Contractors with ongoing public works contracts can request an exceptional price review if the rising cost of certain materials (steel, aluminum, copper or bituminous materials) exceeds 5% of the amounts certified in 2021. The amount cannot exceed 20% of the contract award price.
7. A Code of Good Commercial Practices in road freight transport contracting is created, with voluntary adherence, along with a public register of companies that join. A standard will also be drawn up to certify loading and unloading areas.
8. Permanent seasonal workers (fijos discontinuos) will have access to unemployment benefits on the same terms as other employees. The rule takes effect the day it is published in the BOE, although the loading and unloading restriction takes effect six months later.

Who it affects

• Road freight transport companies and their drivers: They can no longer make the driver load or unload in most cases, can claim compensation for waiting times, and will see prices adjusted when fuel rises.
• Shippers, consignees and transport intermediaries: They are responsible for loading and unloading by default and can be sanctioned if the driver performs them against the new rules.
• Public works contractors: They can request an exceptional price review due to rising material costs, with limits and a specific procedure.
• Foreign transport companies and posted workers: They must notify postings and carry documentation, and letterbox companies face tougher sanctions.
• Permanent seasonal workers (fijos discontinuos): They will access unemployment benefits on the same terms as other employees.

Words worth knowing

Porteador (carrier)

The company or person responsible for carrying out the transport of the goods.

Cargador y destinatario (shipper and consignee)

The party who sends the goods and the party who receives them at destination.

Empresa buzón (letterbox company)

A company that actually operates in a country other than its own to benefit from lower tax and labor costs.

Transporte de cabotaje (cabotage)

Transport between two points in one country carried out by a company from another country.

Trabajador fijo discontinuo (permanent seasonal worker)

A worker with a permanent contract who only works at certain times of the year, depending on the company's activity.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries