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IUSLabor 2/2016
Anna Ginès, Manuel Luque and Andrés Raúl Camargo
4. And regarding
pension plans and
pension funds?
No. No. No.
Exception:
transfer of
undertakings
No. Yes. No. No. No.
5. Is the
subcontractor legally
obliged to recognize
its workers the same
labor conditions
applicable to the
workers of the user
company?
No.
No.
Exception:
transfer of
undertakings.
No.
Exception:
transfer of
undertakings.
No.
No.
Exception:
public
tenders.
No. No. No.
Exception:
transfer of
undertakings.
6. In which cases is
outsourcing
considered
fraudulent or is
there an illegal
transfer of workers?
What are the
consequences?
When: user
company acts
as a direct
employer.
Except:
written
agreement for
the user
company to
dictate
instructions.
Consequence
s: (i) joint
liability
When:
(i) aim of the
contract is
posting of
workers;
(ii) contractor
not real
company;
(iii) the user
company acts
as a direct
employer.
Consequence
s: (i) joint
liability labor
When:
(i) aim of the
contract is
posting of
workers;
(ii) contractor
not real
company;
(iii) the user
company acts
as a direct
employer.
Consequence
s: (i) void
outsourcing
When:
redundancy +
outsourcing
for lower
remuneration.
Consequence
s: (i) void
outsourcing
contract and
(ii) labor
contract with
the user
company.
When: user
company acts
as an
employer.
Consequence
s: (i) labor
contract with
user
company;
(ii) adm.
liability; (iii)
criminal
liability.
When:
(i) aim of the
contract is
posting of
workers;
(ii) contractor
not real
company;
(iii) the user
company acts
as a direct
employer.
Consequence
s: (i) joint
liability labor
When:
(i) aim of the
contract is
posting of
workers;
(ii) contractor
not real
company;
(iii) the user
company acts
as a direct
employer.
Consequence
s: (i) user
company real
No.
Exception:
piercing of
the corporate
veil.
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