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What it is

Bill to equalize conditions for subcontracted workers

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 8 August 2016. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill amending Article 42.1 of the Workers' Statute to guarantee equality in the working conditions of subcontracted workers.

Follow this law

Source: Congreso de los Diputados, file 122/000015· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend Article 42.1 of the Workers' Statute so that workers subcontracted for a company's core activity have the same conditions as if they had been hired directly by the main company.
  2. It defines when a subcontract counts as the company's own activity: when it matches the main or core activities of the company and the contractor supplies workers performing tasks directly related to them.
  3. Contractors and subcontractors would have to guarantee these workers the essential conditions in the main company's collective agreement: pay, hiring terms, working time and rest, equality, maternity, breastfeeding and paternity protection, and protection from workplace risks.
  4. The explanatory statement justifies the reform as a way to prevent unfair competition based on cutting wages and conditions, citing the hospitality and logistics sectors as examples.

Who it affects

  • Subcontracted workers: They would be guaranteed the same essential conditions as employees of the main company.
  • Contractors and subcontractors: They would have to guarantee those conditions while their workers perform services under the subcontract.
  • Main companies that outsource services: They could no longer cut labor costs by subcontracting their core activity on worse terms.

Words worth knowing

Subcontratación (subcontracting)
When a company hires another company to carry out part of its work or activity.
Convenio colectivo (collective agreement)
An agreement setting wages and working conditions for workers in a sector or company.
Estatuto de los Trabajadores (Workers' Statute)
Spain's main law on labor rights and duties.
Proposición de ley (bill)
A text introduced by members of parliament to become law; it is not an approved law yet.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced8 August 2016Someone registers the text in the Congreso.
  2. Admitted6 September 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments30 December 2016Groups propose changes.
  4. Committee19 April 2017A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Sept 2016Dec 2016Mar 2017Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 8 August 2016: Presentación22. 6 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 06/09/2016 hasta 09/09/201633. 6 September 2016: Calificación44. 9 September 2016: Gobierno Contestación desde 09/09/2016 hasta 14/10/201655. 18 October 2016: Pleno Toma en consideración desde 18/10/2016 hasta 20/12/201666. 20 December 2016: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 20/12/2016 hasta 27/12/201677. 27 December 2016: Comisión de Empleo y Seguridad Social Publicación desde 27/12/2016 hasta 30/12/201688. 30 December 2016: Comisión de Empleo y Seguridad Social Enmiendas desde 30/12/2016 hasta 19/04/201799. 15 March 2017: Comisión de Empleo y Seguridad Social Mesa - Calificación desde 15/03/2017 hasta 15/03/20171010. 19 April 2017: Comisión de Empleo y Seguridad Social Informe desde 19/04/2017 hasta 26/06/20181111. 26 June 2018: Comisión de Trabajo, Migraciones y Seguridad Social Informe desde 26/06/2018 hasta 05/03/20191212. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

22 February 2018

How did the plenary vote?

More votes in favour 169 yes · 132 no · 37 abst.

Voted on: Request for the Plenary of the Chamber to take over the deliberation and final vote on the Private Member's Bill amending Article 42.1 of the Workers' Statute to guarantee equality in the working conditions of subcontracted workers, submitted by the Socialist Parliamentary Group.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 10 of sitting 102· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Mixto, Gcup-ec-em and GER. Against, most of Popular en el Congreso. 3 deputies voted differently from their group.

By province: in 20 most voted in favour; in 16, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 20
  • Against: 16
  • Tie: 16
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
79 in favour · 5 did not vote
Vasco (EAJ-PNV)5
5 abst.
Mixto19
14 in favour · 3 against · 2 did not vote
Ciudadanos32
32 abst.
Gcup-ec-em67
67 in favour
GER9
9 in favour
Popular en el Congreso134
129 against · 5 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error