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IUSLabor 2/2016
Anna Ginès, Manuel Luque and Andrés Raúl Camargo
3. Does the company
that partly or totally
outsources its
production have any
labor or Social
Security
responsibility
towards the
subcontractor’s
workers?
What
responsibilities?
Yes.
Joint liability:
wages and
Social
Security
contributions.
Health and
safety
obligations
and
liabilities.
Yes.
Joint liability:
(i) indep.
premises:
wages,
holidays and
Social
Security
contributions;
(ii) same
premises: +
benefits,
allowances
and accident
comp.
User
company:
duty of
vigilance
(compliance
labor and
Social
Security
obligations).
No.
Exception:
transfer of
undertakings.
No.
Exception:
(i) joint
liability
clause;
(ii) transfer
of
undertakings;
(iii) health
and safety
liability.
Yes.
Joint liability:
wages,
severance
pay and
Social
Security
contributions.
Exception:
beneficium
excussionis.
Health and
safety
liabilities.
Yes.
Core
business:
joint liability
wages and
Social
Security
contribution
(except
certification).
Other
activities:
subsidiary
liability
Social
Security
debts.
No.
Exception:
(i) health and
safety
liability;
(ii) corporate
relationship;
(iii) indep.
contractor
80% earnings
contractor.
No.
Exception:
transfer of
undertakings.
Construction
sector: health
and safety
liabilities.
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