No, that’s not true. Illegal worker assignment occurs when:
- Company A hires a worker, but this worker provides services exclusively for another company B.
- Both companies, A and B, are incorporated in Spain or have legal presence in the country.
- The company that assigns the worker does not assume labour responsibilities and is displaced in management vis-à-vis the worker.
The EOR model is not yet expressly regulated in Spain, but it is not illegal. In fact, the Court of Justice of the European Union has issued a ruling that opens the door to recognizing the EOR model in Spain, provided that the EOR fully assumes labour, tax, and social security obligations, acting as the legal employer of the worker.
At IberiaEOR, we scrupulously comply with this framework, avoiding any irregularities. We ensure that:
- Your labour rights are fully protected and respected.
- We conduct comprehensive monitoring of your work activity (schedules, vacations, sick leave, etc.).
- We manage your vacations and social benefits.
- We keep you informed at all times about your labour rights and benefits in Spain, including periodic medical examinations covered by IberiaEOR.
- We provide training in occupational risk prevention, which is mandatory in Spain but often omitted by many EORs for economic reasons.