La prevención del acoso a través de las cláusulas sociales en los contratos del sector público (1)

Resumo

Public sector entities must obtain from other entities, of a private nature, the goods and services needed to achieve their objectives. The relations established with them have been instrumented through contracts regulated by Public Law, with the purpose of guaranteeing the selection of the most advantageous offer. Its evaluation, however, does not depend on exclusively economic criteria, since the legislator obliges to take into consideration aspects related to the conditions of the workforce that the contractor destines to the execution of the contract. In particular, the contractor must take care of the health of his workers, either because Labour and Social Security Law attribute him some kind of responsibility, or because the postulates of socially responsible public procurement make it advisable. Since the psychosocial risks are difficult to detect and complex to eradicate, it is important to address the inclusion of social clauses for the prevention and fight against harassment perpetrated or suffered by the workers involved in the execution of the public sector contracts.