Posted workers from and to Spain. Facts and figures, Leuven: POSTING.STAT project VS/2020/0499

This report, carried out within the framework of the Posting.stat project, aims to increase knowledge about the posting of workers to and from Spain by exploring a variety of national administrative micro-datasources to provide information on the phenomenon. This work will firstly deliver an introduction to the regulatory framework of posting, both labour and social security, including detailed statistics on posting in Spain between 2018 and 2020, providing qualitative analysis and evidence on the scale, characteristics, and the impact of posting to and from Spain. Particular attention will be paid to postings to France and also to the impact of the COVID-19 pandemic. This report also addresses irregular posting from the receiving perspective, including the scale and characteristics of the administrative infringements detected and the sanctions imposed in Spain, noting that there is no significant amount of litigation. From the issuing point of view, two relevant and controversial cases are analyzed. The case law of the Court of Justice on fraud inPortable Documents (PDs A1) focusing on the Vueling case, as well as the French criminal judgement that condemns, in the first instance, the Spanish TEA Terra Fecundis, which operated in the French agricultural sector. Finally, the report concludes by analyzing the impact of the transposition of Directive (EU)2018/957 in Spain.