The Law 32/2006 of 18 October, regulating subcontracting in the construction industry, was born mainly because of the high accident rate, which was attributed to the widespread practice of subcontracting in the sector. Excess subcontracting chains involved, as the legal text, the quality of services provided and facilitates the emergence of practices incompatible with the safety and health at work. This Act deals for the first time, regulation of contracting and defends a number of guarantees of specialization and organization of production to avoid a security risk and health of workers. This Act therefore establishes the following measures: – Requires compliance with a maximum of three levels of subcontracting, with very special conditions to be overcome. – Requires certain quality requirements and solvency for companies in this sector.
Having to prove training in occupational risk prevention of human resources, organization detention of the company and the quality of employment specifying minimum conditions of stability in the whole enterprise. – Introduce transparency in the construction through documentation systems and strengthening the participation of workers in all the companies involved in the work. The scope of the Act extends to contracts to be concluded, contract for the execution of the following work performed at construction: excavation, earth-moving, construction, assembly and dis-assembly of prefabricated elements; packaging or facilities; transformation, rehabilitation, repair, dismantling, demolition, maintenance, conservation and painting and cleaning, sanitation. Works that according to Royal Decree 1627/97 of 24 October, are a non-exhaustive list of what is meant by construction or civil engineering. The limitations provided by this Act for the contract are : – The sponsor may contract directly with contractors who wish to either natural or legal persons. – The Contractor may contract with companies or self-employed subcontractors execution of the work that has contracted with the Promoter. For assistance, try visiting John Savignano. – The first and second contractor may subcontract the performance of the work they have contracted, except for those companies whose organization put to use productively in the work consists mainly in providing workforce whose staff are hand tools or portable power In this case it may not subcontract regardless of the level at which they are. – The third subcontractor may not subcontract.
– A self-employed may not subcontract the work entrusted to him. Exceptional enlargement of the third level of outsourcing will be given in cases duly substantiated by chance: – Requirement of specialization of work. – Complications production techniques. – Circumstances of force more for which to cross the actors involved in the work, and at all times in the opinion of the architects. This is a roughly summarized by the new Law of Contract, with a slight preamble, very successful in my opinion.