Guaranteed Legal
Compliance
ETT, Non-EU Drivers, DGT
Hiring non-EU truck drivers in Spain involves four independent regulatory frameworks: the ETT rules under Law 14/1994, the SEPE work authorisation process, the DGT driving licence exchange, and the CAP and Social Security obligations. None of these procedures is optional. DriversHub manages every file.
ETT Legal Framework
Law 14/1994 and Order TES/1324/2024
Law 14/1994, of 1 June, governs the legal regime of Temporary Employment Agencies (ETT) in Spain. Articles 1 and 2 establish that an ETT is an agency authorised to second workers to a client company (user company) under a staff placement contract. The placed worker remains the ETT's employee, not the user company's.
Legal requirements to operate as an ETT (Article 3, Law 14/1994)
- Minimum share capital: €60,000 fully paid up
- Financial guarantee: equivalent to 10% of the prior-year salary mass, with a floor of €427,350 (Article 3.2, as amended by Final Provision One, Law 35/2010). In practice, this guarantee takes the form of a bank surety bond — approximate annual premium: €6,400–€12,800 depending on the issuer.
- Mandatory contribution to the Wage Guarantee Fund (FOGASA)
- Prohibition on secondment for certain high-risk activities (Article 8.a, Law 14/1994) and to replace workers on strike (Article 8.b)
ORDER TES/1324/2024
Regulates the authorisation and operation of placement agencies in Spain. DriversHub's document management services support the direct recruitment process (Model A) under this regulatory framework.
FOR THE USER COMPANY (MODEL D)
The staff placement contract is the legal instrument. The user company takes on obligations for working conditions (Article 16, Law 14/1994): working hours, H&S, PPE. Employment and payroll liability for the driver stays with DriversHub.
MAXIMUM SECONDMENT DURATION
Article 6, Law 14/1994: 6 months for a specific business activity; 3 months to substitute a worker; maximum 12 months cumulative within 18 consecutive months. Once exceeded, the worker acquires indefinite employee status at the user company.
Non-EU Workers
SEPE Work Authorisation and Temporary Protection
Non-EU drivers without a current work authorisation cannot legally be placed in any role in Spain, whether under Model A or D. The authorisation route varies by nationality.
🇺🇦 Ukrainian drivers — Temporary Protection
Royal Decree-Law 6/2022, of 11 March; Council Implementing Decision EU 2022/382/EU — grants temporary protection to Ukrainian nationals displaced from 24 February 2022. The protection includes a residence and work permit in Spain without the need to file an individual application at the Foreign Nationals Office. Temporary protection is currently in force until March 2027 (extendable). Ukrainian drivers can start within 1–2 weeks of candidate proposal, as no SEPE resolution is required.
🇲🇩 Moldovan drivers
Initial application for residence and employment authorisation at the competent Foreign Nationals Office, under Organic Law 4/2000, of 11 January. Typical resolution time: 2–3 months from submission. Moldova has a bilateral recognition agreement with Spain for driving licences (DGT exchange is feasible).
🇰🇿🇧🇾🇺🇿 Drivers from Kazakhstan, Belarus, and Uzbekistan
Same legal framework as Moldova — initial authorisation at the Foreign Nationals Office. Realistic timelines: 6–8 months for KZ/BY/UZ due to higher administrative processing loads for these nationalities. For KZ: DGT licence exchange requires prior bilateral verification. BY and UZ: exchange is assessed case by case — DriversHub verifies this before proposing a candidate.
SEPE PROCESS MANAGED BY DRIVERSHU
Job offer registered with SEPE, employer documentation (SS registration, draft contract), candidate documentation (apostilled criminal record, qualifications, certificates). Submitted at the Foreign Nationals Office, Alicante. DriversHub tracks the file to resolution.
DGT — Foreign Driving Licence Homologation
Bilateral agreements and exchange process
A non-EU driver holding a licence from their country of origin cannot drive in Spain indefinitely on that document. Exchange at the DGT is mandatory once the provisional recognition period has elapsed.
| Country | Bilateral agreement | Exchange conditions | Typical timeline |
|---|---|---|---|
| Ukraine | Yes (Spain–Ukraine bilateral agreement) | Direct exchange, no theory test | 6–8 months |
| Moldova | Yes | Direct exchange | 6–8 months |
| Kazakhstan | Case-by-case verification | Theory test may be required | 8–12 months |
| Belarus | No formal agreement in force | Theory test generally required | 10–14 months |
| Uzbekistan | No formal agreement in force | Theory test required | 10–14 months |
DRIVING DURING THE EXCHANGE
The driver may drive in Spain using their original licence together with the DGT application receipt during the processing period. This receipt is a recognised provisional document (Article 21, Royal Decree 818/2009). Without a receipt, driving on a foreign licence is limited to 6 months from the date of establishing residence in Spain.
DRIVERSHU MANAGES
Verification of bilateral agreement status, DGT application preparation (apostilled licence, sworn translation if required, TIE/NIE), submission, and follow-up through to issuance of the Spanish licence.
CAP — Professional Competence Certificate
Royal Decree 1032/2007 — mandatory for all CE drivers
The CAP is mandatory for all drivers operating vehicles in categories C, CE, C1E, D, DE, D1E for commercial purposes in Spain. The obligation is established by Royal Decree 1032/2007, of 20 July, transposing Directive 2003/59/EC.
Initial CAP
280 hours of theoretical and practical instruction. For drivers obtaining a CE licence with no previously accredited experience. Duration: 2–4 weeks at an approved training centre.
Accelerated CAP
140 hours. For drivers who already hold a licence in a lower category and are upgrading to CE.
Renewal CAP
35 hours (5 modules of 7 hours each). Every 5 years. Mandatory to maintain the professional qualification.
⚠️ Legal obligation — also for the company
Driving a vehicle over 3.5 tonnes without a valid CAP is a serious infringement under Article 65.5 of Law 16/1987 on the Regulation of Land Transport (LOTT). The sanction falls on the driver AND on the company that authorises or permits the driving. DriversHub delivers a copy of the CAP before the driver's start date.
Social Security and Personal Income Tax
Model A vs Model D — who manages what
Social Security contribution obligations differ depending on the service model chosen.
MODEL D — ETT STAFF-LEASING
(Available subject to ETT authorisation)
Under Model D the ETT acts as the formal employer and assumes all employer Social Security contributions (general scheme, common contingencies + AT/EP + FOGASA + FP): approximate employer contribution of 29–30% of gross salary. The user company pays a monthly fee covering the driver's salary, employer SS contribution, and a management margin. The user company does not file any Social Security documents relating to the placed driver. Consult us for availability.
MODEL A — DIRECT HIRE
(currently active model)
Once documentary onboarding is complete, the driver becomes a direct employee of the user company. The company manages Social Security registration (general scheme), payroll, and Personal Income Tax withholding (applicable withholding rate per Article 85 of the Personal Income Tax Regulations, Royal Decree 439/2007). The applicable collective agreement is the Road Freight Transport agreement for the province where the company operates. DriversHub assists with the initial registration but does not manage ongoing payroll.
⚠️ Infraction for employing without SS registration
Serious offence for the employer under Article 22.2 of the consolidated text of the Law on Infringements and Sanctions in the Social Order (LISOS, Royal Legislative Decree 5/2000): fine of €3,126–€10,000 per unregistered worker. DriversHub delivers a copy of the Social Security registration confirmation on or before the driver's first day.
FAQ — Compliance
Does DriversHub have the ETT licence required to operate Model D?
Model D (staff-leasing) requires an ETT licence under Law 14/1994. DriversHub does not currently hold an ETT licence. We therefore operate exclusively document management services for direct recruitment. Contact us for the current status of available services.
What happens if a Ukrainian driver loses Temporary Protection after March 2027?
Council Implementing Decision EU 2022/382/EU allows for annual extensions of Temporary Protection. At the time of writing, Ukrainian Temporary Protection is in force until March 2027. If it is not extended, the driver will need a standard residence and work authorisation before the expiry date. For Model D drivers, DriversHub initiates the alternative authorisation process 6 months before expiry, at no additional cost to the user company.
If the DGT takes 8 months to process the licence exchange, can the driver work in the meantime?
Yes. The DGT application receipt acts as a provisional document (Article 21, Royal Decree 818/2009). The driver operates on their original licence plus the DGT receipt throughout the processing period. DriversHub files the DGT application within the first few days after the driver's onboarding, so the receipt is available before the first day on the road.
Discuss your compliance case
Briefly describe the driver profile you need and your company — we will explain the exact process without legal jargon.
24-hour response during business days. Confidential consultation.