Subcontracting in construction. Register of Accredited Companies (REA)

informative video

How to register/renew your company in the REA

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.

How should this requirement be accredited?

What happens if this accreditation duty is breached?

Companies that do not meet the solvency requirement will have the responsibilities established in the social provisions for each breach.
For example, whoever does not train their staff in occupational risk prevention will commit a serious offence.

In addition, companies that contract with other companies that have not proven compliance with these requirements will commit infractions (serious or very serious, depending on the activity carried out) in terms of occupational risk prevention, and will be jointly and severally liable for any labor and Social Security obligations. that correspond to the contracted company

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.

How is this obligation to be fulfilled?

For the purposes of calculating the percentage of workers hired on an indefinite basis, the following rules will apply:

a) The twelve full calendar months prior to the time of calculation will be taken as the reference period.
In the case of newly created companies, the full calendar months elapsed from the start of their activity until the time of calculation will be taken as the reference period, applying the following rules based on the number of days included in the reference period.

b) The company's workforce will be calculated by the quotient resulting from dividing by three hundred and sixty-five the number of days worked by all the company's employees.

c) The number of workers hired on an indefinite basis will be calculated by the quotient resulting from dividing by three hundred and sixty-five the number of days worked by workers hired on such a basis, including permanent discontinuous ones.

d) Part-time workers will be computed in the same proportion that the duration of their working day represents with respect to the working day of a comparable full-time worker.

e) For the purposes of calculating the days worked provided for in the preceding letters, both the days actually worked and the weekly rest days, paid leave and holidays, annual vacations and, in general, the periods in which the the obligation to contribute.

What companies must meet the employment stability requirement?

The employment stability requirement will be required of companies in which any of the following circumstances concur:

· - Engage in activities in the construction sector. In the case of newly created companies, and except in the cases provided for in article 44 of the Workers' Statute, they must meet this requirement once the sixth full calendar month of the start of their activity has elapsed.

· - That during the previous twelve months they have executed one or more contracts included in the scope of application of the Subcontracting Law, whose cumulative duration is not less than six months.

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.

REGISTRATION IN THE AREA

Who should register in the Register of Accredited Companies?

All companies that intend to be contracted or subcontracted for work on a construction site.

On the contrary, self-employed workers who do not have dependent workers will not have to register. Only self-employed workers who have workers in their charge who, like other companies, meet the requirements and are going to subcontract part of the work entrusted to them must register.

Nor should anyone who only acts as a promoter register.

This registration will be unique and valid for the entire national territory.

Where to sign up?

In the Register of Accredited Companies dependent on the competent labor authority, understood as the one corresponding to the territory of the Autonomous Community where the registered office of the contractor or subcontractor company is located.

Legal persons and other subjects provided for in art. 14.2 of the Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations are obliged to submit their applications electronically before the Public Administrations.

Individuals may choose to carry out the submitting the application online, together with the documentation required in the procedure, without having to go to a registry office, or do so at the General Directorate of Labor of the Ministry of Economy, Employment and Finance, located at C/ Princesa, 5 in Madrid.

When should registration in the Registry be requested?

The registration obligation is required prior to the start of their intervention in the subcontracting process.

Registration Validity

Once the company is registered, the registration will be valid for a period of three years, renewable for equal periods.

RENEWAL OF THE REA

When must the registration renewal be submitted?

Renewal must be requested within the six months prior to the expiration of its validity.

What happens if the three-year period has elapsed without having submitted the renewal application?

If this period has elapsed without having submitted the renewal application, it will be automatically cancelled, and a new registration application must be submitted and all the documentation must be provided to continue working as a contractor or subcontractor.

What is the procedure to renew the registration?

Must present the renovation request (The form is the same as the registration form, in which it will be stated that it is a renewal and the registration number must be entered in the REA) accompanied by the following documentation:

- It will be accredited that the company has a duly updated preventive organization (Annex No. II duly completed and stamped by the company that provides the prevention service)

- Certification is also required that both the workers who go to work and the managers have received the proper training in occupational risk prevention (Annex IA)

In the event that the renewal application is signed by another representative other than the one who signed the registration, a deed or other means must be provided to demonstrate said representation.

Effects of renewal

In the event that the conditions for renewal are met, the company will extend its registration in the Register of Accredited Companies for three years from the date of approval. The company will continue with the same registration number in the REA that was assigned to it in the registration process.

VARIATION OF DATA AND CANCELLATION OF REGISTRATION

REGISTRATION OF EU COMPANIES WITH POSTED WORKERS

Companies from the EU or the European Economic Area not established in Spain that post their workers, do they have to register in the Register of Accredited Companies?

Yes, requesting your registration with the following peculiarities:

a) Proof of compliance with the requirements set forth in article 4.2 a) of the Subcontracting Law.

b) They must be registered in the Registry dependent on the labor authority in whose territory their first provision of services in Spain is to be carried out.

To this end, the first communication they make will have the nature of a registration request. The request thus formulated will provisionally allow the company to intervene in the subcontracting process until the date of registration or refusal.

Registration in the Registry will not be necessary when the duration of the displacement does not exceed eight days.

c) Once the registration has been made, communications relating to successive trips must include, together with the legally required data, the registration number in the Register of Accredited Companies.

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.

The promoter The contractor The first and second subcontractor The third subcontractor The self employed

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.

To whom is the Subcontracting Book required? Where can the Subcontracting Books be submitted for authorization? Can the authorization of a second Subcontracting Book be requested for the same work? What happens in case of loss of the previous Book or other similar circumstance?

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

32 / 2006, of October 18, regulator of subcontracting in the Construction Sector.
Royal Decree 1109 / 2007, of August 24, which develops Law 32/2006, of October 18, regulating subcontracting in the Construction Sector.