Name of Resource | 1. 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 |
Name of Resource | 2. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC |
Type | Legislation |
Country / jurisdiction | European Union |
Organization | European Parliament |
Initiative launch date | 17 April 2014 |
Description | The directive sets out rules on the use of public contracts for the provision of works, supplies or services by companies or individuals and the exemptions which can be applied. According to article 57 (Exclusion grounds), contracting authorities shall exclude an economic operator from participation in a procurement procedure where they have established or are otherwise aware that that economic operator has been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings. |
Availability | BUL, ELL, ENG, EST, CES, DAN, DEU, FIN, FRA, HRV, HUN, ITA, LAV, LIT, MLT, NLD, POL, POT, RON, SLK, SLV, SPA, SWE: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32014L0024 |