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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:
labor and
Social
Security
debts:
(i) posting
workers to a
third firm;
(ii) specific
and normal
business
activities.
Yes.
Joint
liability:
illegal
transfer:
Secondary
liability:
legal
transfer:
Yes.
Joint
liability:
labour
rights:
outsourcing
normal
activities.
Yes.
Joint
liability:
health and
safety
obligations
(labor
accident
expenses
and
occupational
hazard
insurance
fees):
companies
of the same
holding.
Yes.
Joint
liability:
labor debts
(including
dismissal
comp.)
Secondary
liability:
(i) discount
supply
chain;
(ii) exerting
the right to
be
informed;
(iii)
retaining
payments in
favor of
contractors.
Yes.
Joint
liability.
Yes.
Joint
liability:
labor and
Social
Security
debts (no
collective
agreement
or
unilateral).
Yes.
Joint
liability:
labor and
Social
Security
debts:
(i) insolvent
contractor;
(ii) core
business
outsourced
(case-law).
Yes.
Joint
liability:
labor rights
(contract or
collective
agreement),
Social
Security
contrib.,
occup.
hazard
insurance
fees: when
not exerting
the right to
be informed
(user
company).
Secondary
liability:
labor rights:
when right
to be
informed is
exerted.
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