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Workers moving abroad

As a general rule, workers who move abroad are subject to the Social Security legislation of the country where they are working.  However, if this is a temporary transfer, they can remain under Spanish legislation under the terms and requirements given below:

It applies to employed and self-employed workers, regardless of their nationality.

Initial move

For employed workers who work for a Spanish company and are posted by this company to work temporarily in Ecuador and for workers who are self-employed in Spain and temporarily move to Ecuador to work, the corresponding posting certificate should be applied for at a Provincial Directorate or Administrative Office of the General Treasury of the Social Security.

Application form

The company or worker must make the application on one copy of form TA.200 "Application to remain under Spanish Social Security legislation - Initial postings",  together with form ES/EC.03 "Certificate of applicable legislation" filled out in triplicate.

The form issued by the local Provincial or Administrative Office certifies that the worker continues to be subject to Spanish Social Security legislation during his or her stay in that country and therefore is exempt from Ecuadorian Social Security contributions.

Period of authorisation 

The maximum length of time for the transfer is three years.

Ordinary extension

If employees or self-employed workers have to extend their stay in that country for more than the initial three years, the employer or self-employed worker must apply to the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security for an extension to remain under Spanish Social Security legislation. This must be done far enough in advance before the end of the aforementioned period.

Application form

The application for an extension must be made on one copy of form TA.202 "Application to remain under Spanish Social Security legislation in accordance with Art.17 of EEC Regulation 1408/71 and other extensions of Bilateral Agreements", together with form ES/EC.04 "Application for extension of posting and other agreements" filled out in four copies, to be sent to the Competent Institution of the other country.

This latter form, after Part IV has been filled out, either approving or rejecting the application, will be sent to the General Sub-Directorate for Affiliation and Special Procedures, who in turn shall inform the requesting worker or company of their decision, with the sending of the form. 

The maximum length of time for the extension is two years.

Other transfers

  • Itinerant personnel of air transport companies with their headquarters in Spain who work in both countries.
  • Salaried workers who work on board a ship with the Ecuadorian flag but are paid by a company or person domiciled in Spain.
  • Spanish workers who are resident in Spain and work for a mixed fishing company established in Ecuador and on a ship flying the Ecuadorian flag
  • Spanish civil servants posted to Ecuador, excluding Diplomatic Mission and Consulate personnel.
  • Those sent on missions of cooperation,

the General Sub-Directorate for Affiliation and Special Procedures will issue form ES/EC.03 "Certificate of applicable legislation" for the full duration of their stay, upon the request of the Public Body, company or worker. This form, filled out in triplicate, should be accompanied by application form TA-200 (one copy).

For the transfer of:

  • Spanish citizens or workers who are subject to Spanish Social Security legislation and who work in Spanish Diplomatic Missions or Consular Offices in Ecuador and
  • personnel who work privately and exclusively for the members of said Diplomatic Missions or Consular Offices, with Spanish nationality who have been subject to Spanish Social Security legislation.

who opt for Spanish Social Security legislation, the General Sub-Directorate for Affiliation and Special Procedures of the General Treasury will issue form ES/EC.05, "Exercising the right to choose", in triplicate, for the full duration of their posting, upon the request of the Public Body or the worker.

Other exceptions

Applications for other exceptions are processed by the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security.

The company or self-employed worker must make the application on one copy of form TA.202 "Application to remain under Spanish Social Security legislation in accordance with Art. 17 of EEC Regulation 1408/71 and other extensions of Bilateral Agreements", together with form ES/EC.04 "Application for extension of posting and other agreements" filled out in four copies, to be sent to the Competent Institution of the other country.

This latter form, after Part IV has been filled out, either approving or rejecting the application, will be sent to the General Sub-Directorate for Affiliation and Special Procedures, who in turn shall inform the requesting worker or company of their decision, with the sending of the form.

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