Name of Resource

Liability in subcontracting processes in the European construction sector

Type

Report / analysis

Country / jurisdiction

European Union

Organization

European Foundation for the Improvement of Living and Working Conditions

Initiative launch date

12 November 2008

Description

Against a backdrop of increased European and national policy attention regarding the issue of subcontracting, Eurofound has conducted the research by analysing existing national legislation on liability in subcontracting processes in the construction sector. The report underlines the significant differences that exist between the various national liability regulations in place in the eight Member States under consideration (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain). The varying legal tradition and industrial relations cultures in the countries covered mean that research results are highly specific to each national situation and that few elements are transferable.

This comparative report is divided into four chapters. Chapter 1 introduces the subject of liability in subcontracting processes. Chapter 2 provides a detailed overview of the national laws and actors involved in the eight Member States in respect of liability arrangements and largely concerning wages, social security and financial matters. Chapter 3 examines the practical implementation of the liability arrangements and the effectiveness of the instruments as regards the centre of responsibility for discharging employees’ entitlements and also in combating bogus subcontracting practices. Chapter 4 makes some concluding remarks and gives an assessment of the recommendations and options for policymakers and social partners, based on the findings reported in chapters 2 and 3.

Availability

ENG: https://www.eurofound.europa.eu/publications/report/2008/labour-market/liability-in-subcontracting-processes-in-the-european-construction-sector 

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