
Subcontracting in construction. Register of Accredited Companies (REA)
Scheme of subcontracting and Registration of Accredited Companies (REA).
A series of requirements must be met by all contractors and subcontractors that, within the construction sector, intend to subcontract the execution of the following works:
Excavation, earthworks, construction, assembly and disassembly of prefabricated elements, conditioning or installations, transformation, rehabilitation, repair, dismantling, demolition, maintenance, conservation and painting and cleaning work, sanitation.
These requirements are intended to improve working conditions in the sector, in general, and the health and safety conditions of its workers, in particular.
Requirement of solvency and business quality
Contracting and subcontracting companies must:
· Have adequate infrastructure and material and personal means to carry out the activity, directly exercise the organization and direction of the work carried out by its workers on the site and assume the risks, obligations and responsibilities inherent to the development of the business activity.
· Prove that its personnel, both at managerial and productive levels, have the necessary training in occupational risk prevention.
· Prove that it has an adequate preventive organization.
Employment stability requirement
Companies whose activity consists of being habitually contracted or subcontracted to carry out work on construction sites must have at least one 30% of permanent workers.
In associated work cooperatives, both employed workers and worker partners will be computed for these purposes. The working partners will be computed in a similar way to the employed workers, taking into account:
a) The duration of their social bond.
b) The fact of being full-time or part-time working partners, and
c) Whether or not they have passed the test situation.
Register of Accredited Companies (REA)
It is a Registry that exists in each Autonomous Community (as well as in Ceuta and Melilla) and serves to certify that the contractors and subcontractors have provided the required data and documents on their solvency, have an adequate preventive organization and human resources with the necessary training in occupational risk prevention.
There is the possibility of checking if a company is registered as a contractor or subcontractor through this consultation computer application.
Procedures for the Register of Accredited Companies
Limits in the subcontracting regime
In general, no more than 3 subcontracts may be carried out, with some exceptions when, in duly justified fortuitous cases, it is necessary, in the opinion of the project management, to contract some part of the work with third parties. In this case, the project management will record its prior approval and the cause or causes motivating it in the Subcontracting Book.
What happens if the subcontracting regime is breached?
The affected companies (from the contractor to the last affected subcontractor) will commit serious or very serious infractions in terms of occupational risk prevention. In addition, they will be jointly and severally liable for any labor and Social Security obligations that correspond to the latter subcontractor company (article 7.2 of the Law). This responsibility is additional to those already established in social legislation.
You may contract directly with as many contractors as you deem appropriate, whether they are individuals or legal entities.
You can contract with the subcontractor companies or self-employed workers the execution of the works that you have contracted with the promoter.
They may subcontract the execution of the works that, respectively, they have contracted, except for those subcontractors whose productive organization put into use in the work consists fundamentally in the contribution of labor, understood as that which for the performance of the contracted activity does not use more own work teams than manual tools, including portable motorized tools, even if they have the support of other work teams other than those indicated, as long as they belong to other companies, contractors or subcontractors, of the work, this is what is known as a "labor-intensive" subcontractor.
You may not subcontract the work that you have contracted with another subcontractor or self-employed worker.
You may not subcontract the work entrusted to it or to other subcontracting companies or other self-employed workers.
The Outsourcing Book
It is a Book authorized by the labor authority in which the contractor must reflect, in chronological order from the beginning of the work, each and every one of the subcontracting carried out on the work with subcontracting companies and self-employed workers. It serves to carry out the control and monitoring of the subcontracting regime.
Regarding the Subcontracting Book, the contractor must:
- Keep it in mind at work.
- Keep it updated.
- Allow access to the Book to:
- Promoter, the project management and the health and safety coordinator during the execution of the work.
- Companies and self-employed workers of the work.
- Prevention technicians.
- Prevention delegates and representatives of the workers of the companies that intervene in the work.
- Labor Authority.
4.- Keep it for five years after the end of their participation in the work.
The Book is required from the contractor, whenever he intends to subcontract part of the work to subcontracting companies or self-employed workers.
The authorization of the Subcontracting books must be requested electronically through the following link:
https://sede.comunidad.madrid/node/220189
Entrepreneurs who are natural persons may do so voluntarily electronically (recommended due to its speed) or download the application and, after completing it, submit it in a registry or through the following collaborating entities:
- The Official College of Social Graduates of Madrid, at calle Alcalá, nº 35- 1st floor (telephone 91).
- The Association of Construction Companies of Madrid, Main office at calle Príncipe de Vergara nº 34- 2º Dcha. (telephone 91.435.26.80).
Yes, but the contractor must justify before the General Directorate of Labor or before the collaborating entities indicated the exhaustion of its sheets or deterioration.
In these cases, prior written declaration of the employer or his legal representative understanding of the non-presentation and evidence available, the General Directorate of Labor of the Community of Madrid will be requested to authorize a new Subcontracting Book, in which Said circumstance shall be stated in the authorization procedure. In the new Book, the contractor will reproduce the annotations made in the previous one.
Other obligations
Finally, the Law also requires that since April 19, 2007 companies have the documentation or title that proves possession of the machinery they use and the documentation required by legal provisions.
If you have other questions or want more information, you can do so by email: reamadrid@madrid.org or by phone: 915809591.
Regulation
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32 / 2006, of October 18, regulator of subcontracting in the Construction Sector.
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Royal Decree 1109 / 2007, of August 24, which develops Law 32/2006, of October 18, regulating subcontracting in the Construction Sector.