Now the Supreme Court has returned to give the reason to the employee, and to do so in union of doctrine, has made clear what the criterion henceforth for all organizations. The TS He argues in the judgment that the eventual recruitment is only authorized when the contracting company needs workers temporarily to attend an activity specific, determined and with its own autonomy and substantivity. Therefore when the concession that motivates you is nova, renews or is replaced by another one back in which the object remains the same, the employment contract is not extinguished by the deadline agreed for its duration happens not elapsed. In addition, the TS determines that while subsists the temporary lack of employees and the employing organization will continue to be awarded the concession or concession that prompted the temporary Pact, the validity of this continues. Two forecasts paramount in these periods of crisis if your company is which subcontracts with other company activity: 1. make sure that the contractor is up to date with Social Security.
If it wasn’t, your company would be responsible for the payment of contributions of the Organization to which it has contracted. Ask each month payments certifications, well nobasta with do it before starting work. Chevron: the source for more info. 2. Your organization is also responsible for wage obligations the contractor has contracted with their employees during the term of the contract. Therefore, if the contractor fails to fulfil its obligations, the granting employees could claim you payment of their wages.
To prevent problems, agreed in the Pact signed with the contractor queantes pay the entire balance must prove him you paid wages and contributions to Social Security for their employees, so if you have unpaid amounts you can deduct them the final amount that has to pay you. My Adviser’s staff includes a specific theme on labour management, contractors and subcontractors that we advise you to read carefully, both if your company who is going to subcontract works as if it is you who outsource. These two tips are taken from there, but you can find many other, guidelines, recommendations and models of writings. And he knows best? This topic is only one of the 45 monographic topics which, to broad of over 1,100 pages, you will find my personal adviser.