How Brexit will affect workers

• How will posted workers (with an A1 portable document of applicable law) by a Spanish company to the United Kingdom be affected from the date of that country's withdrawal from the European Union? What should your company do?

  The situation would not change until 31 December 2020, so the Spanish company would not have to take any action, and the A1 would remain valid.

• How will posted workers (A1) be affected by a British company to Spain from the date of the United Kingdom's withdrawal from the European Union? What should your company do?

  The situation would not change until 31 December 2020 (the end of the transitional period), so the British company would not have to take any action.

• How will cross-border workers posted to work in Gibraltar be affected?

  Workers who at the end of the transitional period (31.12.2020) find themselves in this situation will continue to be covered by the Regulations on the coordination of social security systems and will therefore continue to be subject to United Kingdom legislation and will be entitled to the benefits provided by that legislation in application of those Regulations, without being affected by Brexit.

Temporary disability, maternity and paternity:

Short-term benefits are generally recognised by only one State, i.e. the State to which the person concerned is subject at the time of the event..

FOR BENEFITS THAT ARE ALREADY RECOGNISED AND ARE BEING PAID AT THE TIME OF THE DEPARTURE:

• What impact will the departure of the United Kingdom have on a recognised TD/maternity/paternity benefit for a citizen who has worked in Spain and the United Kingdom and resides and pays contributions in the United Kingdom?

  Two assumptions are distinguished:

  • If the person is a national of a Member State: the Regulations for the coordination of Social Security systems continue to apply and the United Kingdom will continue to pay the relevant benefit (because there is a cross-border element).
  • A UK national: this is a purely domestic situation (there is no cross-border element) governed by UK domestic law.
• What impact will the departure of the United Kingdom have on a recognised TD/maternity/paternity benefit for a citizen who has worked in Spain and the United Kingdom and resides and pays contributions in Spain?

  Spain continues to pay, in its territory, the benefits already recognised.

FOR FUTURE BENEFITS:

• What impact will the departure of the United Kingdom have on the recognition of a future benefit for a citizen who has worked in Spain and the United Kingdom and who resides in the United Kingdom? What if he or she lives in Spain?

  All contribution periods until 31 December 2020 shall be taken into account pursuant to the applicable European regulations, whereas, as of 1 January 2021, contribution periods shall be taken into account pursuant to the Protocol on Social Security Coordination of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

  Pensions recognized before the end of the transition period (31 December 2020) shall continue to be paid pursuant to the principle of exportability set forth in EU regulations, provided that contribution periods were completed in the other party before 31 December 2020.

  Pensions recognized as of 1 January 2021 shall be paid pursuant to the Protocol on Social Security Coordination of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

• In relation to Gibraltar, for these cases, is there any difference for cross-border workers working in Gibraltar and residing in Spain?

  This issue shall be addressed in the agreement to be negotiated for application in the territory of Gibraltar.