the workers of the subcontractors have certain rights which assures them of a certain “protection”, due not only to your company, but also to the main contractor. This “protection” of the worker implies obviously a “risk” to the main contractor.

The reason is that it is understood that the freelance workers, who are hired by companies belonging to link successive of this chain of subcontracting, carrying out a job that benefits the employer main. But, without being able to benefit from the solvency, competitiveness and safety in the payments that usually define the company occupies the first place in the chain of subcontracting.

The main contractor assumes the risks, in principle, correspond to the sub-contractor.

The legislation gives greater protection to the workers of the subcontractors, which implies a greater risk to the main contractor.

The main contractor is the only responsible so much of wages as of the debts with the social security.

The main contractor has direct responsibility or solidarity (or whatever, that you can demand payment without be your employees) by the following amounts:
the

    the

  • unpaid Wages
  • the

  • Obligations are not satisfied in respect of Social Security,

is So that you can require this and several liability of the main contractor have to attend the following requirements (all four at once):
the

    the

  • Outsourcing of work or services inherent to the own activity of the main company.
  • the

  • Existence of outstanding obligations of payment.
  • the

  • there must have been No more than a certain period of time from the completion of the contracts, and
  • the

  • That the contracted activity does not relate to the construction or repair that will be able to hire a head of family with regard to your housing (that is to say, that is a very very simple).

the Effects of the solid responsibilities:
the

    the

  • Who enforce the obligation (worker and / or social security) may be directed against either the prime contractor or the subcontractor or even against all at the same time.
  • the

  • If you pay the company a main contractor, after that you can require the subcontractor to reimburse you for payments you have made for your account, but if this is insolvent,…

If you’re forced to pay the main contractor, as jointly liable, you’ll be able to repeat against the subcontractor.

The main contractor responds as a subsidiary of the debts with the social security.

In contrast, the main contractor has subsidiary liability only for the amounts owed to the social security

But, to be able to require this subsidiary responsibility of the main contractor, they have to attend a few requirements are less stringent. Are the following (the two at the same time):
the

    the

  • That has been a subcontracting (irrespective of match with the activity or not the main contractor).
  • the

  • That the contracted activity does not relate to the construction or repair that will be able to hire a head of family with regard to your home (which is very simple).

Simply that there has been a subcontract that Social Security is able to require the main contractor to the payment of social insurance.

the Effect of subsidiary responsibilities:
the

    the

  • Means that in the event that the social security is unable to collect from the subcontractor (for example because it is insolvent), it is appropriate to demand to the main contractor.
  • the

  • When you pay the company a main contractor, you can also then require the subcontractor to reimburse you for payments you have made for your account.

If you’re forced to pay the main contractor, as responsible subsidiary, also you’ll be able to repeat against the subcontractor.

Autor Cristobal Rueda

En ocasiones el trabajo profesional se convierte también en amigos de clientes. Hoy disponemos de numerosas herramientas digitales que posibilitan y facilitan esa tarea. El blog es una de ellas y siempre ha sido mi preferencia, ya que permite reflexionar sobre el tema. En Perfil_blog a modo de diario profesional en línea compartimos conocimientos profesionales, experiencia e información que puede ser útil para el crecimiento de su empresa. Un abrazo. Cristóbal Rueda, gerente de Perfil Asesor.

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