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What do you need to know?
Undertakings must communicate the temporary posting of workers to Catalonia in the framework of a provision of transnational services, in order to avoid discrimination between workers of a Member State and workers displaced in that State, and avoid unfair competition between companies.
The labor authority of the territory where the services will be provided informs of the reported displacements to the Labor Inspectorate and the State Tax Administration Agency.
The communication can only be done, with digital certificate, by the physical or legal person of contact, present in the Spanish State, designated to serve as liaison with the competent authorities (art.5.2.g of Spanish Law 45/1999).
1. If the transnational displacement is carried out in the construction sector and the company that displaces the workers does not appear to be registered in the Register of Accredited Companies (REA), in addition to presenting the communication of displacement, they will have to request the registration in said Register.
Once the registration has been made, communications related to successive posting of workers will have to include, together with the data legally required, the registration number in the Register of Accredited Companies.
2. Go to the procedure Register of Accredited Companies of Catalonia to be able to contract in the sector of the construction (REA)
Remember that if the communication is to be sent by a company from any other European country or by a foreign person from Spain, you must follow the instructions in 'How to handle procedures with the Generalitat de Catalunya if you are a foreign national or live in another country'
Authority responsible
Other related authorities
It is aimed at entrepreneurs of European Union companies (EU), or from the European Economic Area (EEA), or from companies from States that have signed international agreements that are applicable, who carry out the posting of workers in execution of a contract concluded with a company that carries out the activity in Catalonia, or entrepreneurs who carry out the displacement of workers to a work center of the company or its business group, or Temporary Employment Companies for the implementation of provision of workers to a user company.
It is able to communicate at any time before the displacement.
The obligation to communicate is for displacements of more than 8 days (Except in the case of displacements made by temporary work agencies, that doesn't requery a minim of days).
In case of transnational displacements that take place in the construction sector, companies must comply with:
- Certify the observance of the requirements provided in article 4.2a) of Law 32/2006, of October 18, by means of documentation justifying fulfillment of the obligations established in the national regulations for the transposition of articles 7 and 12 of Council Directive 89/391/EEC, of 12 June 1989, on the application of measures to promote the improvement of the safety and health of workers at work.
- Enroll in the Register dependent on the labor authority in the territory where it will be carrying out their first provision of services in Spain. For this purpose, the first communication that the company makes in accordance with article 5 of Law 45/1999, of November 29, will have the character of the registration request, to which a declaration will be attached according to the model established in Annex I. Reial decret 1109/2007, of August 24. The request thus formulated will allow the company to intervene temporarily in the subcontracting process until the date of registration or denial. The application can be sent or presented at any of the places indicated in article 38.4 of the Llei 30/1992, of November 26. Notwithstanding the provisions of this point, it will not be necessary to enroll in the Register when the duration of the displacement does not exceed 8 days.
- Once the registration has been made, communications regarding successive displacements must include, together with the data legally required, the registration number in the Register of Accredited Companies.
Note: in the case of posting more than 10 workers, another communication must be submitted.
There are no fees associated with this procedure.
Steps to follow
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1
Step one
Communicate
The communication can only be done with digital certificate.
Remember that if the communication is to be sent by a company from any other European country or by a foreign person from Spain, you must follow the instructions in 'How to handle procedures with the Generalitat de Catalunya if you are a foreign national or live in another country'
By Internet
Comunication of transnational posting of workers in the construction sector
Start . Go to Comunication of transnational posting of workers in the construction sector -
2
Step two
Consulta de l'estat del tràmit
Podeu consultar l'estat del tràmit:
Podeu consultar l'estat del tràmit:
- A Canal Empresa (amb idCAT Mòbil o/i certificat digital).
- A l'Estat de les meves gestions (amb l'identificador del tràmit i el DNI/NIF).
- Al telèfon 012 (amb l'identificador del tràmit i el DNI/NIF).
