On 26 May, by Royal Decree 9/2017 the Spanish Government introduced the provisions of the EU directive on delegating employees. The decree entered into force on the date of publication in the Spanish journal of laws (Boletín Oficial del Estado), that is May 27. For the time being it will apply to transport only to a small degree.
The National Federation of Transport Unions (Fenadismer) announced that Spain has implemented the provisions arising from the directive 06/71/EC on delegating employees as part of the provision of services.
“The new rules resemble those that have been introduce earlier by France, Germany, Austria or Italy.
According to the federation, the goal of the Spanish government is to fight against the “”mailboxes”” which operate in Spain.”
Decree 9/2017 provides for the following requirements for employers who delegate employees in Spain:
- the obligation of reporting that an employee is delegated before the transport service is carried out. The report should be made by electronic means, in accordance with the provisions detailed by the Ministry of Labour (we will inform you about the details regarding the reports as soon as we have the information)
- giving in the report information such as: company details, personal data of the delegated employee and details about their qualifications, date of the transport service start and finish
- appointment of a representative in Spain who will be representing the company in agencies, store, send and receive appropriate documentation (requirement in conflict with the changes proposed in the mobility package)
The new regulations are not so horrible for foreign carriers
For years Fenadismer has been fighting for the implementation of the directive regarding delegating employees. It was supposed to allow for controlling the situation on the Spanish transport market and the fight against unfair competition from abroad (“mailbox” companies). According to the federation, the activities of large companies with offices in “”cheaper”” Eastern European countries have a very negative impact on the Spanish transport sector and, in particular, on the smallest enterprises. The Federation, however, wants to discuss the provision in the Decree according to which the requirements apply to employees who in Spain are delegated for more than 8 days (according to the proposal of the Mobility Package the period is 3 days). Members of Fenadismer are expecting that the provision about the minimum period of delegation shall be removed. Otherwise, the new legislation will not improve the situation on the Spanish market.
We talked to the Technical Director of the Spanish transport union ASTIC, José Manuel Pardo about the impact of the new rules. He believes that because of the minimum period of delegating employees the provisions will only marginally apply to foreign transport companies. Pardo also points out that the minimum wage in Spain is so low that even if Polish carriers will have to pay it to their drivers it will not be a heavy financial burden (23.59 EUR/day, 707.70 EUR/month).
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