AutoSmart GuidebooksWhat this guidebook covers
Employing a foreign national without a work permit is fined €10,001 to €100,000 per worker, on top of registration and unpaid contributions with a surcharge. Repeated cases can be a crime, with up to 18 months in prison. The new Immigration Regulation (RD 1155/2024) came into force on 20 May 2025.
This guidebook covers 5 standards for dealers and workshops with foreign staff, with 11 checkpoints: a permit before starting, a job that matches the permit, tracking expiry dates, contractors and subcontractors, and Social Security registration. EU, EEA and Swiss citizens need no work permit but must still be registered. The guidebook PDF is in Spanish.
The 5 foreign worker standards
Open a standard to see the law behind it, what is checked, what it can cost and the evidence. Ideal fix times are counted from audit submission.
EXT-01Permit before startingImmediate
- The law
- Organic Law 4/2000 on the rights and freedoms of foreigners · Regulation RD 1155/2024 · LO 4/2000 art. 36: residence and work authorisation
- What we check
- No non-EU national starts work without a valid residence and work authorisation, checked and copied to their file.
- What it can cost
- €10,001–100,000 per worker.
- Evidence
- Personnel files
EXT-02Job matches the permit7 days
- The law
- Organic Law 4/2000 on the rights and freedoms of foreigners · Regulation RD 1155/2024 · Immigration Regulation: geographical and activity scope of the authorisation
- What we check
- The actual job, activity and hours match what was authorised and the Social Security registration.
- What it can cost
- Can be treated as working without authorisation.
- Evidence
- Authorisations + contracts
EXT-03Expiry dates tracked72 hours
- The law
- Organic Law 4/2000 on the rights and freedoms of foreigners · Regulation RD 1155/2024 · Immigration Regulation: renewals
- What we check
- Expiry dates are in a calendar. Renewals are filed on time and the receipt, which allows work to continue, is kept.
- What it can cost
- €10,001–100,000 if there is no valid renewal.
- Evidence
- Calendar + receipts
EXT-04Contractors and subcontractors30 days
- The law
- Organic Law 4/2000 on the rights and freedoms of foreigners · Regulation RD 1155/2024 · ET art. 42: liability for contractors · LO 4/2000
- What we check
- Car wash, cleaning, car transport and temp agency firms working at the dealership show that their staff are authorised and registered.
- What it can cost
- Fines and joint and several liability.
- Evidence
- Certificates
EXT-05Registration and contributionsImmediate
- The law
- Organic Law 4/2000 on the rights and freedoms of foreigners · Regulation RD 1155/2024 · LGSS: Social Security registration of foreign workers
- What we check
- Every foreign worker is registered with their NIE and pays contributions like the rest of the staff.
- What it can cost
- Immigration fines plus labour fines.
- Evidence
- Affiliation report
How to run a Spanish foreign workers compliance audit, step by step
- Confirm what applies. List every non-EU worker and every contractor working on site (car wash, cleaning, vehicle transfers, temp agencies). EU, EEA and Swiss citizens need no permit but must be registered.
- Walk the site, standard by standard. Score each of the 11 checkpoints Pass, Fail or N/A. N/A only where the standard rules it out, with the reason recorded. Cross-check staff against permits and NIE numbers against the Social Security registration report, compare permits with actual duties, check expiry dates for the next 90 days and request documents from 3 contractors.
- Capture the evidence. A pass counts only with proof captured at the time of the audit: personnel files with TIE copies, permits and contracts, the expiry calendar and renewal receipts, contractor certificates and the Social Security registration report.
- Give every fail an owner and a fix time. Record what you saw and who owns the fix. Each standard carries an ideal fix time, from immediate to 30 days, counted from audit submission (see the table above).
- Fix it, then prove it. The site fixes the cause and uploads proof of closure; the auditor checks the proof before closing the finding.
- Re-check at the next audit. Confirm closed findings stay closed, and look for the same fail at your other sites so one gap doesn't repeat across the network.
Who this guidebook is for
- Management: understand the risk per worker
- HR: track permits and expiry dates
- Auditors: cross-check staff, permits and contractors
A reference document, not legal advice. Fines and rules change: check the current text with the regulator or your legal adviser before acting.
