Royal Decree-Law 7/2021, transposing Directive (EU) 2018/957 into Spanish law
Main new developments
> The aim of the law is to ensure that workers posted to Spain are effectively integrated into the Spanish labor market after a given period, to avoid social dumping and unfair competition practices between companies.
> The company must guarantee that posted workers are granted with all the basic labor conditions applicable in Spain, including elements of remuneration, conditions of accommodation, allowances, and reimbursement of expenditure to cover travel expenses.
> Where posting lasts for more than 12 months, workers must be guaranteed all employment conditions applicable in Spain, whether by law or under a collective bargaining agreement, with certain exceptions.
> Spanish law also guarantees the same employment conditions in the case of workers hired out by a temporary employment agency of a Member State to provide services in Spain.
> It also tightens control on fraud and imposes new penalties to ensure compliance with these provisions.