Continued international expansion of Spanish companies over the past few years has increased the need to transfer employees to other countries.

“Traditional expatriation policies are changing.”

The following are new international mobility procedures:

  • Long-term displacement.
  • Temporary displacement or project-based displacement.
  • Employee locations in the country of destination.

These international mobility procedures must be carried out thoroughly to preserve and respect all legal guarantees while ensuring successful expatriation and avoiding employee and company setbacks. The implementation and management in the areas of social security and immigration present us with a certain complexity:

  • A double contribution to social security, both in the country of origin and the country of destination where the worker is being displaced, which may be avoided with the correct required formulation of procedures.
  • Incorrect communication to social security may cause the worker to lose years of contribution with the corresponding demand risk to the company for any damage caused.

Our service proposal includes managing international employee displacement when dealing with both immigration and social security.

At the same time we offer our clients support and counselling services throughout the regularization process when dealing with international displacements that have been inadequately implemented.

 

Services.

1. Support services for managing international assignments regarding social security.

  • Certificate of Coverage application to keep social security coverage in country of origin.
  • Regularization of situations brought about by incorrect displacement formalization before social security or immigration authorities.

Covered Assignments:

  • Long-term assignments
  • Short-term assignments
  • Permanent international transfers

Social Security Services: We provide the following social security services:

(i) Application, processing, and attainment of social security coverage certificates.

Service

Scope

1. Initiation of Social Security services

(i) Identify if certificate attainment is applicable. If so, begin filling out the application for Certificate of Coverage.

(ii) Certificate of coverage application: manage your application.

(iii) Control and monitor certificate renewal.

2. Special Social Security Agreement Certificate application

(i) Initiation services of special agreement certificate: Identify if the special agreement certificate may be obtained, and if so, start the corresponding application.

(ii) Special agreement application: obtain the agreement discharge and General Treasury of Social Security (TGSS) contract discharge.

(iii) Submit both the special agreement application and the TGSS contract to the employee to sign and submit.

3. Social Security Regularization in Spain

(i) Analysis of the employee´s situation:

  • Analysis and conclusion of each particular case regarding whether or not the employee has been found in an irregular social security situation.
  • Identification of necessary procedures to regularize the employee´s situation.
  • Resolution of queries on the regularization process.

(ii) Execution of legal regularization procedures:

  • Manage procedures at the Spanish social security office (fulfillment of special agreements, renewal agreements, etc.).
  • Make an administrative appearance before the Labour Inspectorate and other Labour Organizations
  • Document write-up and presentation before all labour organizations and social security administrators in Spain.

4. Social Security Regularization in country of destination: International coordination services.

We offer international coordination services with field specialists in the country of destination. The following procedures must be followed:

(i) Analysis of employee situation:

  • Analysis and conclusion of each particular case regarding whether or not the employee has been found in an irregular social security situation.
  • Identification of necessary procedures to regularize the employee´s situation.
  • Resolution of queries on the regularization process.

(ii) Execution of legal regularization procedures:

  • Manage procedures at the Spanish social security office (fulfillment of special agreements, renewal agreements, etc.).
  • Make an administrative appearance before the Labour Inspectorate and other Labour Organizations
  • Document write-up and presentation before all labour organizations and social security administrators in Spain.
Sterna Abogados es una empresa de servicios legales para la movilidad internacional de empleados. Sterna Lawyers is a legal services company for international employee mobility.