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What it is

Minimum working conditions for workers posted to Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 27 July 1999. Introduced by: Gobierno.

Official title: Government bill on the posting of workers in the framework of a cross-border service provision.

Follow this law

Source: Congreso de los Diputados, file 121/000181· updated 11 Nov

Automatic summary, not yet reviewed

  1. Companies from the European Union or the European Economic Area that send workers to Spain to provide a service must guarantee them minimum Spanish working conditions, even if the contract is governed by other law. Merchant marine crew and purely training activities are excluded.
  2. Those minimum conditions include working time, minimum pay, non-discrimination, work by minors, occupational risk prevention, dignity at work, and union, strike and assembly rights. Paid annual leave and minimum pay are not required if the posting lasts eight days or fewer.
  3. Minimum pay includes base salary, supplements, extra payments and, where applicable, overtime and night work, without deducting taxes or social security contributions. Travel, lodging or meal costs do not count toward the comparison if they only reimburse actual expenses.
  4. The company must notify the posting to the labor authority before it starts, with data on the company, the workers and the service. Postings of eight days or less need no notification, and temporary work agencies must provide additional data.
  5. The Labor Inspectorate can require companies to appear and submit documents, and can punish violations. Failing to notify a posting or falsifying its data is a very serious offense.
  6. Spanish companies sending workers to other European Economic Area states must guarantee them the working conditions of those countries. The law also lets foreign temporary work agencies supply workers in Spain and Spanish ones do so abroad.

Words worth knowing

Desplazamiento (posting)
Temporarily sending a worker to another country to work while remaining linked to their employer.
Prestación de servicios transnacional (transnational provision of services)
Work a company performs in another country for a client or workplace there.
Empresa de trabajo temporal (temporary work agency)
A company that hires workers and assigns them temporarily to other companies.
Convenio colectivo (collective bargaining agreement)
An agreement between employers and unions setting working conditions for a sector.
Espacio Económico Europeo (European Economic Area)
The area made up of the European Union plus Norway, Iceland and Liechtenstein.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced27 July 1999Someone registers the text in the Congreso.
  2. Admitted27 July 1999The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 July 1999Groups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate30 September 1999The Senate can pass it, amend it or veto it.
  7. BOE3 November 1999It is published in the Official State Gazette (BOE) and comes into force.
See the 7 official steps on a timeline
Jul 1999Aug 1999Sept 1999Oct 199911. 27 July 1999: Comisión de Política Social y Empleo Publicación desde 27/07/1999 hasta 29/07/199922. 27 July 1999: Presentación33. 27 July 1999: Calificación44. 29 July 1999: Comisión de Política Social y Empleo Enmiendas desde 29/07/1999 hasta 14/09/199955. 14 September 1999: Pleno Enmiendas desde 14/09/1999 hasta 30/09/199966. 30 September 1999: Senado desde 30/09/1999 hasta 03/11/199977. 3 November 1999: Concluido - (Aprobado con modificaciones) desde 03/11/1999 hasta 14/12/1999

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Act 45/1999, of November 29, on the posting of workers in the framework of a cross-border service provision.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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