The transposition (late) of the Directive on the control of transnational movements in the EU/EEA in Royal Decree-Law 9/2017 of 26 May

Abstract

The delayed transposition of the Directive 2014/67/EC on the enforcement of cross-border posting of workers to the Spanish legislation allows the setting-up of new mechanisms for the Labour and Social Security (LSS) enforcement tasks in this matter. However, it should be underlined that the new legislation will be neither effective nor complete until the regulatory development of the new law and until these mechanisms will be not complemented and coordinated with those foreseen in the European Regulations on Social Security on the applicable law to posted workers. In this article it is specifically analysed the new control systems of the Labour authorities and the LSS through the enlargement and improvement of the communications on posting by the companies, the start-up of a central electronic register of those communications, the papers which should be available in the workplace for the LSS, including the working hours record, the notification of work-related ill health and the cross-border execution of administrative fines. Eventually, it is analysed a relevant aspect such as the fraud and circumvention on posting together with the legal consequences and procedures derived from it.