Social Security and employment contingencies in the transport sector: What companies must anticipate
The transport sector is a cornerstone of the Spanish economy, but it is also one of the sectors that accumulates the most employment-related disputes and Social Security issues. For medium-sized companies —fleets, logistics operators, or specialised carriers— these employment contingencies are not mere formalities: they can translate into penalties, additional costs, and litigation. This article provides a practical overview of the key employment and Social Security matters to monitor and how to anticipate them.
Employment contingencies: working time and timekeeping obligations
Recording working time is a constant challenge for many transport companies. Drivers spend most of their time on the road, and control of their hours depends on the digital tachograph.
Problems arise when this data is not reported correctly (for example, misuse of the “other work” selector) or when it is not properly integrated into a legally valid timekeeping system. The consequence? Potential fines of up to €10,000 per affected employee, in addition to claims for unpaid overtime.
Recommendation: ensure the tachograph is connected to certified timekeeping software, and train staff on how to record breaks, rest periods, and periods of availability.
Employment contingencies abroad: posting of workers and Social Security
When a company operates outside Spain, the rules on the posting of workers come into play. This means that, in addition to the national collective bargaining agreement, the company must comply with the employment conditions of the host country and correctly manage A1 Social Security certificates.
The risks are significant: fines from foreign labour authorities, wage claims, or unexpected Social Security contribution costs.
Key point: carefully plan each posting and establish a clear internal policy on international mobility.
Road traffic accidents as employment contingencies
In the transport sector, a road traffic accident occurring during working hours is not just an incident: it is deemed an occupational accident. This entails additional liabilities for the company, ranging from surcharges on benefits, to civil liability and even potential criminal liability.
The best defence is prevention: road safety training programmes, well-maintained vehicles, regulatory compliance, and clear protocols for responding to accidents.
Employment contingencies in recruitment: risk of bogus self-employment
In recent years, the Labour Inspectorate has focused on employment relationships in the transport sector. The use of economically dependent self-employed workers (TRADEs) or unclear subcontracting arrangements can be deemed fraudulent under Spanish law.
This can result in substantial settlement assessments and serious penalties.
Recommendation: review all contracts and ensure that the employment relationship with drivers complies with the latest legal and case law criteria.
Employment contingencies in early retirement and reducing coefficients
Certain categories of transport workers —such as drivers of hazardous goods or long-distance drivers— may qualify for reducing coefficients applied to the statutory retirement age. This is advantageous for employees, but also for companies, as it enables rejuvenation of the workforce.
However, it can also generate disputes if not applied correctly. Errors in the management of these coefficients can trigger claims against the Social Security system and lawsuits by employees.
It is advisable to identify which groups are entitled and to anticipate the impact on the company’s Social Security contributions.
Conclusion: anticipating employment contingencies means safeguarding your business
Transport companies face a combination of employment and Social Security risks that cannot be ignored. Errors in timekeeping, poorly managed inspections, or accidents without preventive measures can result in significant financial exposure.
With clear internal policies, sound legal planning, and the support of specialists, companies can avoid penalties, enhance competitiveness, and strengthen their reputation.
At Devesa, we assist companies in the road haulage sector in designing employment and Social Security strategies that enable them to grow safely.
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