The case was publicised by David Martínez Sánchez, a court-appointed expert at Tachotec Control, who reviewed documents from a recent labour inspectorate action. The carrier has not been named. The details reported here therefore reflect findings recorded during the inspection, rather than a final court judgment.
According to the documents cited by the expert, the company invited workers from Peru to relocate to Spain and planned to hire them as professional freight drivers.
Before starting work, the candidates had to complete the requirements for professional driving in Spain. These included having their driving licences recognised and obtaining the Certificate of Professional Competence, known as the CAP.
Travel, housing and training costs later deducted from pay
The company initially covered various costs associated with bringing the workers to Spain, including travel, housing, food and training.
The issue identified during the inspection concerned how those costs were subsequently recovered.
According to the cited documentation, the amounts were deducted from the workers’ wages and daily allowances. The company also kept records showing the accumulated debt and the amounts deducted from their pay each month.
The report said the arrangement could leave the workers’ actual earnings below the levels required under employment law and the applicable collective agreement.
€2,000 tied to a two-year commitment
The inspectorate also focused on an additional clause in the employment contracts.
Under the clause, the training was valued at €2,000, while each worker agreed to remain with the company for at least two years after completing the training.
Information provided by the company during the inspection also indicated that there was a verbal agreement to deduct outstanding amounts from wages and daily allowances.
The case is particularly relevant as more Spanish carriers turn to workers from outside the European Union to fill driver vacancies.
Recruiting workers abroad can help carriers bring new employees into the Spanish market, but it does not remove employers’ obligations regarding pay, working hours, rest periods or working-time records.
The inspection also flagged working-time breaches
The issues examined went beyond the financial terms offered to the drivers.
According to the disclosed document, the inspection also identified problems with the organisation of working time. These reportedly included shifts exceeding legal limits, insufficient rest between shifts, possible breaches involving weekly rest and a high number of overtime hours.
Spanish law sets specific rules for mobile workers in road transport.
Royal Decree 1561/1995 requires employers to record these employees’ working time and retain the records for at least three years. It also distinguishes between effective working time and periods of availability, an important distinction for activities such as loading, unloading and waiting.
As a general rule, workers covered by this regime cannot work more than 12 hours a day, including overtime. Road transport is also subject to specific rules for mobile workers and European limits on driving and rest periods.
Working-time records remain a major risk for carriers
The documentation cited by Martínez also pointed to shortcomings in working-time records and in demonstrating that workers had actually taken their holidays and rest periods.
Reliable records are particularly important in road transport. Spanish law expressly requires employers to record mobile workers’ working time and provide employees with a copy on request.
The obligation covers more than the time recorded by the tachograph. Employment rules also take account of activities that may qualify as working time while the vehicle is stationary, including certain loading and unloading waits when their duration is not known in advance.
Hiring abroad does not remove a carrier’s legal duties
The case illustrates one of the risks associated with the growing recruitment of workers from outside the European Union.
Driver shortages are prompting carriers across Europe to look for professionals in Latin America, Asia and Africa. However, helping with relocation, training or the qualifications required for the job does not automatically allow an employer to pass those costs on to the worker without complying with the limits set by employment law.
The same applies to working time.
Road transport rules cover more than the driving periods captured by the tachograph. Carriers must also monitor the full working day, overtime, rest periods and certain periods of availability.
The case involving the Peruvian drivers therefore highlights an issue likely to become more important as international recruitment expands: how to fill driver shortages without turning onboarding and training costs into a burden ultimately borne by the driver.
