Transitional regime for workers affected by Brexit

The Council of Ministers has approved a Royal Decree Law on adaptation measures after the end of the transitional period provided for in the agreement on the withdrawal of the United Kingdom and Northern Ireland from the European Union which includes transitional measures for workers

BY RRHH Digital, 03:39 – 31 December 2020

These measures provide that companies established in Spain which, on January 1, 2021, had workers posted temporarily to the United Kingdom or Gibraltar must continue to apply the legislation of this country, transposition of Directive 96/71 / EC, of ​​16 December, during the period of secondment and with reciprocal treatment is recognized

Likewise, companies established in the United Kingdom or in Gibraltar with workers posted to Spain before December 31, 2020, can stay in Spain from January 1 and continue to provide their services until December 31. Therefore, to extend the activity, it will be necessary to request a residence and work permit.

Workers posted to Spain as of January 1, 2021 must obtain the visas and / or residence and work authorizations provided for by Spanish foreign regulations, without prejudice to the agreements and commitments that could be entered into in a possible agreement between the European Union and United Kingdom.

Access to unemployment benefits or cessation of activity until December 31, 2022 is made possible for citizens of the European Union who travel daily to Gibraltar to work without having to last contribute in Spain. As of January 1, 2021, the request for reimbursement of benefits paid by Spain to the British authorities is foreseen, when an international instrument is agreed establishing the mechanisms for collaboration in the matter.

For nationals of Member States of the European Union, the periods accredited in the UK social insurance system until 31 December 2020 will be taken into account for the calculation of unemployment or separation benefits, when making these contributions. . last in Spain and provided that the right to reside legally in Spain is maintained, in accordance with the regulations for the coordination of social security systems.

British citizens will have their periods of work recognized in any member state of the European Union until December 31 to calculate their pensions at the last contribution in Spain.

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