Working outside of territory of residence

Oktober 13th, 2015News0 comments

In Evolutiza Abogados and Tax Advisers, we know well the labor implications of workers move, for it and in our line of offering the best of the advices we explain the steps to continuing to realize it and his regulation.

What is a cross-border worker? It is that one that carries out his work in a place but has his residence concentrated on other one, that is to say, it has a double entail. To have this condition legally, it is necessary to fulfill a series of requirements that come defined in the RD 557/2011, and they change as it is a question of worker for foreign or freelance account.

If it is a question of a worker for foreign account, the requirements are:

• To lack criminal records
• To be given of discharge in the regime of the National Health Service
• Not to appear like rejectable in the territory where it is going to carry out his work.
• To reside in the frontier zone.
• That the situation of the country that contracts could allow.
• That the employer should present a contract of work.
• That the conditions of the same one adjust to the regulation.
• That the employer possesses sufficient means to develop his project – that has capacity and qualification.

For your part the freelancer:

• the previous requirements,
• The requirements that the country demands for the opening and functioning of the projected activity.
• To accredit that the foreseen investment is sufficient.
• To fulfill the forecast of which the exercise of the activity will produce from the first year economic sufficient resources at least for the subsistence of the interested party.

In any of the cases, the worker will have to give of discharge in the corresponding regime in the space of one month since the acceptance is notified to them.

The fall of the worker will take place for the breach of someone of the requirements before mentioned and for the loss of the condition of cross-border worker.

The duration of the condition will coincide with that of the contract, but it has a minimal limit of three months and a maximum of one year, it for any type of worker. It will be possible produce the extension of the contract to him when the activity is lengthened in the time, but with the maximum of duration.

To finish, we will treat that fiscal and tributary effects it can generate a cross-border contract, which they are principally the possible establishment of the worker in the State of residence, in the State where it works or in both. Finally, there would be necessary to add the tributary cross-border compensation, consisting of the payment to another State of a percentage on the wage brute mass or the taxes.

So much if you are hard-working for foreign account or own and are in a similar situation, do not hesitate to contact us, the equipment of Evolutiza Abogados and Tax Advisers possesses a wide experience in this sector.