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?
  • With agreement:

    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 until that date.

  • Without agreement:

    By virtue of Royal Decree-Law 5/2019, of 1 March, adopting contingency measures for the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without reaching the agreement provided for in Article 50 of the Treaty on European Union, the situation of posting will be maintained, provided that the competent British authorities act in reciprocity.

• 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?
  • With agreement:

    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.

  • Without agreement:

    By virtue of Royal Decree-Law 5/2019,of 1 March, adopting contingency measures for the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union having been reached, the situation of posting will be maintained, provided that the competent British authorities act in reciprocity.

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

    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.

  • Without agreement:

    The Regulations on the coordination of social security systems no longer apply. If such workers continue to be subject to United Kingdom legislation, they will be entitled to the benefits provided for in that legislation, under the conditions established therein, provided that they meet the conditions required for that purpose.

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?
  • With agreement:

    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.
  • Without agreement::

    It will depend on what is provided for in British 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? With and without agreement.

  Regardless of whether there is an Agreement or not, 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? With and without agreement.
  • If the citizen is contributing in Spain (competent State):
    
    • With agreement:

      EU Regulations on the coordination of social security systems shall continue to apply and periods worked in Spain and in the United Kingdom are taken into consideration to qualify for such benefit. In this instance, Spain pays the benefits in the United Kingdom (export), or in the case of Spain here.

    • Without agreement:

      The Spanish Government's contingency measures provide for the possibility of taking into account periods worked in the United Kingdom before the date of withdrawal in order to be entitled to contributory benefits under the Spanish Social Security system.

      However, since the Regulations coordinating the social security systems do not apply, the benefit cannot be paid outside Spanish territory and would therefore only be paid in the case of residence in Spain.

  • If the citizen is contributing in the United Kingdom (competent State):
    
    • With agreement:

      Two assumptions are distinguished::

      • In the case of a national of a Member State, since there is a cross-border element, the Regulations on the coordination of social security systems continue to apply, and periods worked in the United Kingdom and Spain are taken into account for entitlement to the benefit. In this case, the United Kingdom pays the benefit whether the beneficiary resides in Spain (export) or in its territory.
      • In the case of a national of the United Kingdom residing in the UK, this is a domestic situation governed by UK domestic law. If the person resides in Spain, since there is a cross-border element, the Regulations on the coordination of social security systems continue to apply. In order to be entitled to the benefit, the periods worked in the United Kingdom and Spain are taken into account, and the United Kingdom pays the benefit in Spain (export).
    • Without agreement::

      It will depend on British legislation.

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

  The cross-border situations in Gibraltar do not raise any particularity with respect to the situations previously examined.