Os recentes cambios do réxime laboral da subcontratación e, obiter dicta, algunhas breves referencias ás moitas "materias pendentes"

Abstract

The changes introduced by Royal Decree-Law 32/2021 on subcontracting are subject to examination, which are of relative importance and do not satisfy the modernization of subcontracting to which it refers, in its explanatory statement. None of them contributes, strictly speaking, to progress in «the liability of contractors or subcontractors» advocated in point III of the aforementioned explanatory memorandum. The legal-labor regime of subcontracting continues to be obsolete and in need of a much more farreaching technical-legal reform. The one that is presented as a «star» change, relating to the determination of the collective agreement applicable to the workers assigned to the execution of the assignments subject to decentralization, does not guarantee the full observance of the principle of equal treatment of such workers in relation to the workers of the client or main company. Strictly speaking, it is limited to validating the criteria followed until now by the doctrine of the Supreme Court.