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New regulation of workers posted abroad in the Social Security system

The order regulating assimilated registration with Social Security for workers posted abroad in the service of companies that carry out their activities in Spanish territory has been published in the BOE (Official State Gazette).
It details how to act with Social Security in three possible scenarios:
  1. When there is a posting to a country that does not apply instruments for coordinating social security systems.
  2. When there is a posting to a country where instruments of coordination of social security systems are applied and the maximum posting period is exhausted.
  3. When there is a posting to a country where instruments of coordination of social security systems are applied, the posting of workers is not provided for.
The order contemplates a transitional regime for companies that have posted workers to countries where the international instrument of coordination of social security systems does not include people of the nationality of the country of origin. These companies must report the posting to the General Treasury of the Social Security within six months of the entry into force of the order.

On the other hand, companies with posted workers in countries where the international instrument for the coordination of Social Security systems allows the application of the Social Security legislation of the country of origin during the posting may request, after agreement with the affected workers, their voluntary affiliation to the Spanish Social Security within six months of the entry into force of the order.

It is important to note that the order does not grant rights for periods before its application.

Thus, the Ministry of Labour and Social Security Order of 27 January 1982 was repealed, and the new regulation came into force on 1 November 2023.

If you are interested in us helping you manage this procedure in your company but do not know where to start, do not hesitate to write to us to help you.

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