Spain · National · Law

Law 35/2010: preventive reform of temporary agency work

Partly repealed law; selected OSH effects incorporated into Law 14/1994

Current official Spanish title: Ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo.

On this page
  1. What it regulates
  2. Who it applies to
  3. Key provisions
  4. History and versions
  5. Transitional provisions and application notes
  6. Official BOE legal relationships
  7. Official sources
  8. Explore the concepts in Sabentis Explore

What it regulates

Reformed restrictions on assigning workers to particularly hazardous activities, prevention requirements for temporary-work agencies and protection of vulnerable groups. This sheet documents those specific effects within a much broader labour reform.

Who it applies to

Article 17, subsections one; two insofar as it concerns pregnancy, breastfeeding and minors; six and seven; and additional provision 13 on occupational accident reporting. Compensation, pay and other hiring measures without preventive content developed here are excluded.

Key provisions

Subsection one refers exclusions for particularly hazardous work in article 8.b of Law 14/1994 to its additional provision 2 and collective agreements complying with it. Sector membership alone does not replace analysis of the job and applicable prohibitions.

Article 17

Subsection two incorporated application of the same pregnancy, breastfeeding and minor-protection provisions as for the user undertaking’s own personnel. Temporary assignment does not reduce those preventive safeguards.

Article 17

Subsection six set prohibitions in additional provision 2 for exposure to ionising radiation in controlled areas, specified carcinogenic, mutagenic or reproductive-toxic agents and group 3 and 4 biological agents. Historical technical references must be checked against subsequent radiation and chemical-classification regimes.

Article 17

For the sectors listed in additional provision 2, collective bargaining could define specific jobs or tasks before 31 March 2011 with a preventive justification and reasoned report. From 1 April 2011, assignment in those fields is subject to applicable restrictions, audited in-house preventive resources at the agency, a committee with at least four prevention delegates, and documented worker aptitude and specific training.

Article 17

Subsection seven removed general restrictions outside the law itself from 1 April 2011 while preserving restrictions justified by accepted public-interest grounds. It did not lift additional provision 2 prohibitions or authorise agency workers to perform functions legally reserved to civil servants.

Article 17

Additional provision 13 requires specific accident data for particularly hazardous work performed by assigned personnel to be included in institutional reports. This institutional monitoring duty is distinct from each business’s records and reporting obligations.

Additional provision thirteenth

History and versions

Initial publication: 18/09/2010 · Initial entry into force: 19/09/2010

BOE-A-2010-14301

Published on 18 September 2010 and effective from 19 September 2010, with specific agency-work milestones in March and April 2011. The ten subsequent relationships in the general record are retained without developing amendments outside this OSH selection. Article 8.b and additional provisions 2 and 4 of Law 14/1994 were also checked in its current consolidation.

Text versions of the selected OSH provisions

The table is limited to the occupational safety and health provisions covered by this record. A text version may amend only other paragraphs of the same article; the history explains the occupational changes. Changes to other subjects can be consulted in the BOE.

Article 17, subsections one; two insofar as it concerns pregnancy, breastfeeding and minors; six and seven; and additional provision 13 on occupational accident reporting. Compensation, pay and other hiring measures without preventive content developed here are excluded.

PublicationEffective dateOfficial referenceAffected provisions
18/09/201019/09/2010BOE-A-2010-14301Article 17, Additional provision thirteenth

Transitional provisions and application notes

  • This sheet distinguishes the amending law from current provisions of Law 14/1994. Historical reform wording does not establish that the entire 2010 labour regime remains unchanged; partial repeals elsewhere in the law are retained in its sources.

    Article 17
  • Former chemical categories and the reference to RD 783/2001 must not be presented as substitutes for CLP or RD 1029/2022. Survival of a literal reference does not authorise ignoring the later applicable technical regime.

    Article 17
  • The 2011 milestone does not open a new bargaining period in 2026. Check the collective agreement’s validity, the job and legal assignment conditions, together with the prevention duties of the agency and user undertaking.

    Article 17

Official BOE legal relationships

This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.

Official BOE legal relationships

Official sources

Official sources checked on 14/11/2026. Updating a database record does not by itself mean that the legislation has been amended.

  1. BOE-A-2010-14301
  2. BOE-A-2010-14301
  3. ELI identifier
  4. BOE-A-1994-12554
  5. BOE-A-1994-12554

Official sources checked on 14 November 2026. Consolidation, where available, is informative and has no legal force. Consult the official publication and check the applicable provision and date.

Sabentis editorial translation into English; it is not an official translation and does not replace the official text.

Editorial information

Publication date: 14 November 2026.

Editorial responsibility: Sabentis editorial team.

Editorial review by Pablo RodríguezLinkedIn

Executive Vice President of the International ORP Foundation and Chief Financial Officer of Sabentis.

Request a Demo

Discover all that Sabentis can do for your organization.

Try Sabentis

request a demo
stars 5
GetApp Software Advice Capterra