Improving working conditions for subcontracted workers: Towards a European legal framework inspired by the Spanish experience and EU temporary agency work rules

Abstract

Unlike temporary agency work, subcontracting has not been addressed directly by EU law. Certainly, the posting of workers has strong connections with subcontracting, and there are some rules in several Directives that impose obligations and even liabilities for the undertakings involved in subcontracting chains. However, there is no dedicated legal framework for subcontracting with the aim of protecting workers’ rights. This article makes proposals for legislative action at the EU level in order to address the challenges posed by subcontracting, which is often used as a way to reduce labour costs and circumvent labour law. Extending the principle of equal treatment, social clauses included in collective agreements and particular rules on liabilities seem crucial, but there are other potential measures that need to be considered.