Conditioning conventional outsourcing on improved working conditions in subcontracting companies: a review of the issue in light of article 42.6 of the TRLET and recent case law

Abstract

This study analyses the possibility of conditioning the outsourcing of activities through collective bargaining, imposing on main companies the obligation to ensure that contractors and subcontractors comply with certain conditions regulated in the same collective agreement applicable to them. Such conditioning, which continues to make sense and is still necessary after the 2021 Labour Reform, has been validated by case law and has been implemented in collective agreements in the hospitality sector. With a few tweaks outlined at the end of the study, these conventional regulations could improve their effectiveness, becoming highly effective mechanisms for advancing equal treatment between auxiliary company staff and main company staff, both in the hospitality sector and in many others where outsourcing has led to precarious working conditions.