Displacement , in the legal sense of the term , and understood as the change that requires that workers temporarily reside in a town other than their home , must comply with certain limits:
that there are economic, technical, organizational, production reasons; or also business shareholder database activity contracts that justify it;
that companies pay salaries, travel expenses and allowances, the amount of which is established in collective agreements or, failing that, must be agreed between the employer and the employee. worker;
and, furthermore, in all the displacements for more than three months, the following must be fulfilled: worker The decision must be communicated to him/her displacement at least five days before the date on which it is to be carried out; and that worker You will be entitled to four working days' leave at your home address for every three months ofdisplacement.
when the displacements exceed twelve months in a three-year period, will be considered a permanent transfer for all purposes, as already stated.
If, as an employer or employee, you find yourself in the situation of having to relocate for work, we recommend that you consult with lawyers who specialise in the subject, as they will be the ones who will best inform you of all your rights in these cases and will be able to advise you in a more personalised and efficient manner.
Nowadays, it is very common for companies to send workers abroad, as the business market extends beyond the borders of the country where they are located. But it is important to know that making this type of transfer involves obligations for both parties.
Thus, workers posted to countries to which Regulation 1408/71 continues to apply (for example, France) will be subject to the social security legislation of the country where they carry out their work .
However, if the transfers are temporary, Spanish Social Security legislation can be maintained, provided that the provisions of articles 14 to 17 of the aforementioned Regulation are complied with.
Knowing this, let's focus on the steps that must be taken to move workers abroad:
Initial posting : This is the initial procedure and is the same for all workers (regardless of the regime to which they belong). It is carried out when the posting is expected to be less than a year.
Form to be processed: the company or self-employed worker must complete form TA.300 "Request for information on applicable Social Security legislation". The Provincial Directorate or Administration will issue form E.101 certifying that the worker continues to be subject to Spanish Social Security legislation during his/her posting to a member country of the European Union or the European Economic Area or to Switzerland and is therefore exempt from paying Social Security contributions in the respective country.
Period to be authorized : the period of displacement may not exceed twelve months.
Ordinary extension : if the worker extends his posting beyond the initial twelve months, he must request an extension of the maintenance of Spanish Social Security legislation. The extension period may not exceed twelve months.
Other extensions: may occur in certain cases, such as: if the ordinary extension is exceeded or if the transfer is extended for a period of more than twelve months.
Transferring workers to France
If a company wants to relocate its employees to France, it must first appoint a company representative in France to act as a link between the company and the relocated employee. This appointment must be made in writing and translated into French.
In addition, certain documents will need to be translated into French :
Payrolls
Contract of the displaced worker
Minutes of appointment of representative
Record of working hours
Form A1
It is also necessary to make a certificate of assignment of posting, which will be notified to the French Inspection. This declaration includes all the information of the Spanish company and the posted worker, as well as the address where the employee will work.
A curious fact about workers posted to France is that they will benefit from all those measures that are more favourable than their contract or Spanish legislation. In other words, if Spanish labour legislation is less favourable than French legislation, posted workers benefit from the provisions of the French labour code during their stay there.
