Law 32/2006, of 18 October, regulating the subcontracting in the construction sector, mainly born on the occasion of the high rates of accidents attributed to the widespread practice of subcontracting in this sector. The excess in subcontracting chains affects, according to the legal text, the quality of the services provided and facilitates the emergence of practices incompatible with the safety and health at work. This Act addresses, first, regulation of sub-contracting and defends a number of specialization and productive organization guarantees to prevent risk situations in the safety and health of workers. This law establishes, therefore, the following measures:-the accomplishment of a maximum of three levels of subcontracting, with very special conditions to be able to overcome it. -It requires certain requirements of quality and solvency to the companies in this sector. Having to accredit training in prevention of occupational hazards of its human resources, the Organization preventive of the company itself and the quality of employment specifying minimum conditions of stability in the whole of the company.
-Introduces mechanisms of transparency in construction through documentary systems and reinforcing the participation of the workers of all the companies involved in the work. The scope of the Act extends to the contracts concluded, contract labour, for the execution of the following construction works: excavation; Earth moving; construction; Assembly and dismantling of prefabricated elements; improvements or facilities; transformation; rehabilitation; repair; dismantling; demolition; maintenance; conservation and works of painting and cleaning; sanitation. Works that, according to the Royal Decree 1627/97 of 24 October, are a non-exhaustive list of what is meant by work of construction or civil engineering. The limitations this law establishes for the contract are the following:-the promoter may directly hire contractors who wish to either natural or legal persons. -The contractor may hire with the companies contractors or self-employed workers the execution of the works that had contracted with the promoter. -The first and second contractor may subcontract the execution of the works that have contracted, except for those companies whose productive organization put into use in the work primarily consists of the contribution of the workforce whose team are portable motorised or manual tools, in this case may not subcontract any that is the level where you are. -The third subcontractor may not subcontract.
-Self-employed worker may not subcontract work to mandated. The exceptional enlargement of the third level of subcontracting will be in incidental cases duly justified by:-specialization of work demands. -Production technical complications. -Circumstances of force largest that can pass through the agents involved in the work, and at all times in the opinion of the site management. This is a summary roughly of the recent law of subcontracting, with a slight explanatory statement, very accurate in my opinion. For more information on this subject of subcontracting in the construction, you can visit the portal where besides articles related to subcontracting and health and safety, have a forum where discusses these topics and a shop online where you can buy the book from subcontracting, mandatory after the emergence of the new law 32/2006.