The international mobility of workers within the European Union (EU) is becoming increasingly common. According to data from a 2026 report[1], 182,127 A1 documents were issued in 2023 for posted employees sent to Spain. Portugal was the main country of origin for reported postings, accounting for 55%, followed by Germany (15%), Italy (12%), and France, Romania and Poland with figures around 5%.
However, temporarily posting an employee to Spain is not simply a matter of maintaining their foreign employment contract and allowing them to work in Spain.
The employer must simultaneously analyse labour, Social Security, and, most importantly, immigration requirements simultaneously when the worker is not an EU citizen. Non-compliance can have significant consequences. The aforementioned study recorded 324 infringements in 2024 involving third-country national workers, with average fines close to €10,000.
What Is Considered a Posting of Workers to Spain?
Law 45/1999 regulates the temporary posting to Spain of workers employed by companies established in another EU or European Economic Area (EEA) Member State to provide temporary services in Spain.
Common examples include:
⊹ Projects for Spanish clients.
⊹ Transfers between companies within the same corporate group.
⊹ Installation, technical assistance or industrial projects.
⊹ Certain postings carried out through temporary work agencies (TWAs).
The essential characteristic is that the worker remains employed by the foreign company while temporarily providing services in Spain.
Particular Attention to Non-EU Workers Residing in Another EU Country
This is one of the main sources of confusion for companies.
The fact that a non-EU worker holds a residence and work permit in Germany, Portugal, Romania, or Hungary does not, on its own, mean they can move to Spain and start working without completing further formalities.
Spain’s current Immigration Regulations specifically govern foreign nationals who hold a valid work permit in another Member State and are posted to Spain within the framework of a transnational provision of services under Law 45/1999. In these cases, the worker is exempt from obtaining a standard Spanish work authorisation. However, there is a particularly important limit: if the planned activity in Spain exceeds 90 calendar days, the worker must apply for a temporary residence authorisation under the applicable exemption from the work permit requirement.
If they are outside Spain, they must apply for the corresponding residence visa at the competent Spanish Consulate or, immediately upon arrival in Spain, apply directly at the Immigration Office (Oficina de Extranjería). In any case, certain requirements must be met and the necessary documentation must be prepared in advance and submitted.
Therefore, before posting a non-EU worker, we always recommend verifying their nationality, the type of permit they hold in the country of origin, the duration of the posting, and the specific characteristics of the services to be provided in Spain.
Foreign Companies Also Have Labour Obligations in Spain
The existence of a foreign employment contract does not preclude the application of certain Spanish employment regulations.
The company must review, among other aspects:
⊹ The posting notification required under Law 45/1999.
⊹ The applicable Spanish collective bargaining agreement.
⊹ Salary, working hours, rest periods, and annual leave.
⊹ Occupational health and safety (Prevención de Riesgos Laborales).
⊹ Documentation that must be made available in the event of a Labour Inspection (Inspección de Trabajo).
Spanish regulations require compliance with the minimum salary conditions set out in the applicable collective bargaining agreements based on the location, sector, and professional category applicable to the posted worker.
Is It Mandatory to Notify the Posting?
As a general rule, foreign companies must notify the Spanish labour authority of the posting before the provision of services begins.
In addition to identifying the company and the workers, it is crucial to correctly specify the duration, location, and nature of the services, as well as the Spanish entity receiving the services.
Certain technicalities and exceptions exist – including specific rules for short-term postings and particular sectors – so each project should be assessed before the workers arrive in Spain.
Furthermore, Immigration and Social Security matters must be considered separately. When the requirements set by European Social Security coordination regulations are met, the posted worker may temporarily remain subject to the Social Security system of the Member State of origin. In these cases, it is essential to obtain the A1 certificate, which proves which Social Security legislation remains applicable during the posting.
However, obtaining an A1 certificate does not exempt the company from the requirement to obtain the relevant residence authorisation in the circumstances mentioned above. The A1 form proves compliance with Social Security obligations, but it does not replace compliance with immigration requirements.
Plan the Posting Properly Before Arriving in Spain
At AGM Abogados, we advise Spanish and international companies on planning employee postings to Spain. We assess each case comprehensively, coordinating immigration, international mobility, labour law and Social Security to prevent issues and ensure the full legal compliance throughout the posting. Contact us.
[1] Carrascosa, M.D., Contreras, Ó. & Molina, J. (2026), Posted workers from and to Spain. Facts and figures, Comillas: Madrid & UCLM: Cuenca.
