Sittings · Document
DRAFT OPINION (2025/2133(INI)) 2025-09-09
On addressing subcontracting chains and the role of intermediaries in order to protect workers’ rights
Committee on the Internal Market and Consumer Protection · Rapporteur: José Cepeda
AMENDMENTS
The Committee on the Internal Market and Consumer Protection submits the following to the Committee on Employment and Social Affairs, as the committee responsible:
Amendment 1
Motion for a resolution
Citation -1 (new)
| Motion for a resolution | Amendment |
| – having regard to Articles 16 and 31 of the Charter of Fundamental Rights of the European Union, |
Or. es
Amendment 2
Motion for a resolution
Citation 4 a (new)
| Motion for a resolution | Amendment |
| – having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement, |
Or. es
Amendment 3
Motion for a resolution
Citation 4 b (new)
| Motion for a resolution | Amendment |
| – having regard to Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence, |
Or. es
Amendment 4
Motion for a resolution
Recital A
| Motion for a resolution | Amendment |
| A. whereas labour exploitation and abuse in the EU labour market constitutes a widespread and urgent challenge, manifesting under various terminologies, including but not limited to work-related crime, undeclared work, the grey economy, social dumping, labour exploitation and modern slavery; | A. whereas labour exploitation and abuse in the EU labour market constitutes a widespread and urgent challenge, negatively affecting the internal market by creating an unfair playing field, and manifesting under various terminologies, including but not limited to work-related crime, undeclared work, the grey economy, social dumping, labour exploitation and modern slavery; |
Or. es
Amendment 5
Motion for a resolution
Recital A a (new)
| Motion for a resolution | Amendment |
| Aa. whereas subcontracting is an expression of the freedom to conduct a business recognised in Article 16 of the Charter of Fundamental Rights of the European Union; whereas, in the context of a market economy, any form of business organisation is lawful, provided that it is exercised in accordance with Union law and national laws and practices; |
Or. es
Amendment 6
Motion for a resolution
Recital B a (new)
| Motion for a resolution | Amendment |
| Ba. whereas in 2024, the ILO reported1a that the total annual illegal profits from forced labour in Europe were the highest in the world; | |
| _________________ | |
| 1a https://www.ilo.org/resource/news/annual-profits-forced-labour-amount-us-236-billion-ilo-report-finds. |
Or. es
Amendment 7
Motion for a resolution
Recital E
| Motion for a resolution | Amendment |
| E. whereas subcontracting is a well-functioning and important practice in many sectors, facilitating access to specialised expertise; whereas long and complex subcontracting chains can, however, increase risks related to fraud, criminal infiltration, the occupational health and safety of workers, and to unfair competition for enterprises, especially small and medium-sized enterprises (SMEs); | E. whereas subcontracting is a well-functioning and important practice in many sectors, facilitating access to specialised expertise; whereas long and complex subcontracting chains can, however, increase risks related to fraud, criminal infiltration, the occupational health and safety of workers, consumer confidence in the quality of services, and to unfair competition for enterprises, especially small and medium-sized enterprises (SMEs); |
Or. es
Amendment 8
Motion for a resolution
Recital F
| Motion for a resolution | Amendment |
| F. whereas some Member States have adopted legislation limiting the length of subcontracting chains in certain sectors; whereas the Commission considers a limitation to the levels of subcontracting and the extension of subcontracting liability to the full chain as a good practice for Member States; whereas there are also enterprises that have voluntarily restricted the length of their subcontracting chains; | F. whereas some Member States have adopted legislation limiting the length of subcontracting chains in certain sectors; whereas the Commission considers a limitation to the levels of subcontracting and the extension of subcontracting liability to the full chain as a good practice for Member States, particularly in public procurement and high-risk services; whereas there are also enterprises that have voluntarily restricted the length of their subcontracting chains; |
Or. es
Amendment 9
Motion for a resolution
Recital G
| Motion for a resolution | Amendment |
| G. whereas the practice of labour intermediation is not defined in law and can take many forms, ranging from larger established companies to individual recruiters, informal brokers and even gangmasters; | G. whereas the practice of labour intermediation is not defined in law and can take many forms, ranging from larger established companies to individual recruiters, informal brokers and even gangmasters; whereas improving the competitiveness of businesses and the proper functioning of the single market must go hand in hand with strengthening the social pillar in the EU, as Enrico Letta recommends in the ‘Much more than a market’ report; |
Or. es
Amendment 10
Motion for a resolution
Recital G a (new)
| Motion for a resolution | Amendment |
| Ga. whereas legal disparities and weak law enforcement can mean that multiple layers of subcontracting dilute responsibility, increase the risk of labour law violations and hinder effective law enforcement; |
Or. es
Amendment 11
Motion for a resolution
Recital G b (new)
| Motion for a resolution | Amendment |
| Gb. whereas in sectors with widespread subcontracting, the practice of ensuring that workers maintain their rights and working conditions when transferred as a result of a change in contractor is an essential safeguard to protect employment stability, guarantee health and safety standards, and prevent social dumping; |
Or. es
Amendment 12
Motion for a resolution
Recital I
| Motion for a resolution | Amendment |
| I. whereas the process of regulating subcontracting chains and labour intermediaries at national level can be lengthy and difficult for Member States, not least due to legal ambiguities stemming from internal market rules; | I. whereas the process of regulating, and monitoring the legal compliance of, subcontracting chains and labour intermediaries at national level can be lengthy and difficult for Member States, not least due to legal ambiguities stemming from internal market rules; |
Or. es
Amendment 13
Motion for a resolution
Recital I a (new)
| Motion for a resolution | Amendment |
| Ia. whereas decent work is not only a matter of employment and social protection, but also of governance, which must include social dialogue with social partners at all levels of the global chain and at all stages of the production processes in the single market; |
Or. es
Amendment 14
Motion for a resolution
Paragraph 1
| Motion for a resolution | Amendment |
| 1. Stresses the need for a comprehensive European approach to labour exploitation in general, and abusive forms of subcontracting and labour intermediation in particular, and calls, therefore, for a European strategy to combat labour exploitation; | 1. Stresses the need for a comprehensive European regulatory approach to labour exploitation in general, and abusive forms of subcontracting and labour intermediation in particular, and calls, therefore, for a European strategy to combat labour exploitation; |
Or. es
Amendment 15
Motion for a resolution
Paragraph 2 a (new)
| Motion for a resolution | Amendment |
| 2a. Emphasises that, in several Member States, national legislation regulates subcontracting, as is the case with the construction sector in Spain10a; | |
| _________________ | |
| 10a Law 32/2006 of 18 October 2006 regulating subcontracting in the construction sector. |
Or. es
Amendment 16
Motion for a resolution
Paragraph 3
| Motion for a resolution | Amendment |
| 3. Reiterates its call11 on the Commission to consider a framework directive to address the challenges related to abusive forms of subcontracting and labour intermediation in Europe and for this framework directive to introduce a general legal framework, limiting subcontracting and ensuring joint and several liability throughout the subcontracting chain, as well as to introduce measures regulating the role and responsibilities of labour intermediaries, other than temporary work agencies; | 3. Reiterates its call11 on the Commission to consider a framework directive to address the challenges related to abusive forms of subcontracting and labour intermediation in Europe and for this framework directive to introduce a general legal framework, providing the necessary transparency, limiting subcontracting and ensuring joint and several liability throughout the subcontracting chain, as well as to introduce measures regulating the role and responsibilities of labour intermediaries, other than temporary work agencies; |
| _________________ | _________________ |
| 11 Resolution of 13 March 2025. | 11 Resolution of 13 March 2025. |
Or. es
Amendment 17
Motion for a resolution
Paragraph 3 a (new)
| Motion for a resolution | Amendment |
| 3a. Calls on the Commission to put forward a specific proposal for a well-defined system of joint and several liability between contractors and subcontractors for public procurement, with a view to ensuring that workers’ rights, social security contributions and contractual obligations are respected throughout the chain; stresses that such a system would promote accountability, protect workers from non-payment of wages, and provide consumers and contracting authorities with guarantees of quality and reliability; |
Or. es
Amendment 18
Motion for a resolution
Paragraph 4
| Motion for a resolution | Amendment |
| 4. Emphasises that national and regional policies to limit the levels of subcontracting have often been initiated jointly by social partners, including SME representatives; calls on the Commission to put forward proposals for setting a general rule limiting subcontracting to a maximum of two levels below the main contractor for sectors with a high risk of labour exploitation; stresses that the identification of national high-risk sectors and the establishment of a process for deviating from the general rule, where duly justified, should be the responsibility of Member States in cooperation with social partners; | 4. Emphasises that national and regional policies to limit the levels of subcontracting have often been initiated jointly by social partners, including SME representatives; calls on the Commission to put forward proposals for setting a general rule limiting subcontracting to a maximum of two levels below the main contractor for sectors with a high risk of labour exploitation and for public contracts; stresses that the identification of national high-risk sectors and the establishment of a process for deviating from the general rule, where duly justified, should be the responsibility of Member States, with binding consultation of the most representative social partners; |
Or. es
Amendment 19
Motion for a resolution
Paragraph 4 a (new)
| Motion for a resolution | Amendment |
| 4a. Calls on the Commission to introduce, in the next revision of Directive 2014/2411a, the obligation for contracting authorities to have access to information on all subcontractors involved in the performance of public contracts, including any updates during the contract period; stresses that such transparency is essential to ensure accountability, facilitate inspections and safeguard consumer confidence in the quality and integrity of services, especially those funded with public money; | |
| _________________ | |
| 11a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. |
Or. es
Amendment 20
Motion for a resolution
Paragraph 4 b (new)
| Motion for a resolution | Amendment |
| 4b. Calls for mandatory traceability in the subcontracting chain and access to information on all levels of subcontracting throughout the performance of a contract, including notifications of any changes; stresses the importance of using digital tools such as e-forms, the ESPD and interoperable registers to enable real-time checks of subcontractors, including through the European Social Security Pass (ESSPASS); |
Or. es
Amendment 21
Motion for a resolution
Paragraph 5
| Motion for a resolution | Amendment |
| 5. Notes that the increasing use of subcontracting for core business activities can lead to fragmented workplaces and greater exposure of workers to longer hours, lower wages and job insecurity; calls, in this regard, on the Commission to ensure equal treatment for equal work and to promote direct employment in sectors where such risks occur; | 5. Notes that the increasing use of subcontracting for core business activities can lead to fragmented workplaces and greater exposure of workers to longer hours, lower wages and job insecurity; calls, in this regard, on the Commission to ensure equal treatment for equal work, to strengthen control mechanisms, and to encourage and ensure direct employment in sectors where such risks occur; |
Or. es
Amendment 22
Motion for a resolution
Paragraph 6
| Motion for a resolution | Amendment |
| 6. Is concerned about the lack of legal clarity as regards the differentiation between genuine and fraudulent postings of third-country nationals; calls on the Commission, in line with the Letta report, to review enforcement challenges and take the appropriate initiative to close identified legislative gaps; | 6. Is concerned about the lack of legal clarity and certainty as regards the differentiation between genuine and fraudulent postings of third-country nationals; calls on the Commission, in line with the Letta report, to review enforcement challenges and take the appropriate initiative to close identified legislative gaps, notably through EU legislation on intermediation; |
Or. es
Amendment 23
Motion for a resolution
Paragraph 8
| Motion for a resolution | Amendment |
| 8. Stresses the need for efficient and well-resourced systems for enforcement and control to combat labour exploitation; welcomes the Commission’s evaluation report on the ELA and reiterates its call12 on the Commission to strengthen ELA’s mandate; | 8. Stresses the need for efficient and well-resourced systems for enforcement and control to ensure the proper functioning of the internal market and combat labour exploitation; welcomes the Commission’s evaluation report on the ELA and reiterates its call12 on the Commission to strengthen ELA’s mandate; |
| _________________ | _________________ |
| 12 Resolution of 18 January 2024. | 12 Resolution of 18 January 2024. |
Or. es
Amendment 24
Motion for a resolution
Paragraph 9
| Motion for a resolution | Amendment |
| 9. Recalls that Directive 2006/22/EC13 already sets minimum rules for checking compliance with social legislation in road transport and calls on the Commission to present a legislative initiative to require Member States to ensure an adequate minimum labour inspection capacity for all high-risk sectors, in line with the ILO benchmark of at least one labour inspector per 10 000 workers; | 9. Recalls that Directive 2006/22/EC13 already sets minimum rules for checking compliance with social legislation in road transport and calls on the Commission to present a legislative initiative to require Member States to ensure an adequate minimum labour inspection capacity for all high-risk sectors, in line with the ILO benchmark of at least one labour inspector per 10 000 workers; stresses that inspection and control are key to ensuring the proper functioning of the internal market; |
| _________________ | _________________ |
| 13 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, pp. 35, ELI: http://data.europa.eu/eli/dir/2006/22/oj). | 13 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, pp. 35, ELI: http://data.europa.eu/eli/dir/2006/22/oj). |
Or. es
Amendment 25
Motion for a resolution
Paragraph 10
| Motion for a resolution | Amendment |
| 10. Reiterates its call14 for a swift roll-out of the European Social Security Pass (ESSPASS) system and for improved digital enforcement of social security rights and fair mobility, including real-time verification and exchange of information between enforcement authorities as well as the integration of the ESSPASS with existing national labour card systems; | 10. Reiterates its call14 for a swift roll-out of the European Social Security Pass (ESSPASS) system and for improved coordination between Member States on digitalisation and digital enforcement of social security rights and fair mobility, including real-time verification, avoiding any gaps with regard to social security rights, which would only encourage fraud; considers that it is vital to ensure the exchange of information between enforcement authorities, especially in cross-border regions, and the integration of the ESSPASS with existing national labour card systems, thereby strengthening the proper functioning of the internal market and promoting a level playing field for both workers and businesses across the EU; |
| _________________ | _________________ |
| 14 Resolution of 25 November 2021. | 14 Resolution of 25 November 2021. |
Or. es
Amendment 26
Motion for a resolution
Paragraph 10 a (new)
| Motion for a resolution | Amendment |
| 10a. Stresses that exclusion criteria in public procurement should apply to both subcontractors and main contractors; calls for the introduction of specific sectoral exclusion criteria to address risks such as fraud, corruption, criminal infiltration and repeated infringements of labour law, in order to protect fair competition and ensure that public contracts are not awarded to companies or subcontractors involved in exploitative labour practices; |
Or. es
Amendment 27
Motion for a resolution
Paragraph 10 a (new)
| Motion for a resolution | Amendment |
| 10a. Calls for compliance checks on subcontractors to be integrated into the Internal Market Information System (IMI), enabling labour inspectorates and contracting authorities to verify documentation, social security numbers and grounds for exclusion across borders, thereby improving the enforcement of labour and competition rules in subcontracting chains; |
Or. es
Amendment 28
Motion for a resolution
Paragraph 10 c (new)
| Motion for a resolution | Amendment |
| 10c. Calls for the creation of an EU-wide exclusion register for public procurement, covering both main contractors and subcontractors, in order to ensure that companies sanctioned for labour exploitation, tax fraud or unfair practices cannot re-enter the public procurement market in other Member States; |
Or. es
Amendment 29
Motion for a resolution
Paragraph 11
| Motion for a resolution | Amendment |
| 11. Notes with concern that individuals subject to trading prohibitions in one Member State can bypass national restrictions by registering and operating a business in another Member State, thus undermining the single market; calls on the Commission to ensure automatic mutual recognition of trading prohibitions across Member States as well as the timely and secure exchange of relevant information between Member States; | 11. Notes with concern that individuals and entities subject to trading prohibitions in one Member State can bypass national restrictions by registering and operating a business in another Member State, thus undermining the single market; calls on the Commission to ensure automatic mutual recognition of trading prohibitions across Member States as well as the timely and secure exchange of relevant information between Member States, national labour authorities and the ELA; |
Or. es
Amendment 30
Motion for a resolution
Paragraph 12
| Motion for a resolution | Amendment |
| 12. Welcomes the use of social conditionalities in national and European funding schemes and programmes linking payments to the respect of workers’ rights; calls on the Commission to build on the experience of social conditionality inclusion in the common agricultural policy to ensure EU funding programmes include conditionalities regarding European labour standards; | 12. Welcomes the use of social conditionalities in national and European funding schemes and programmes linking payments to the respect of workers’ rights; calls on the Commission to build on the experience of social conditionality inclusion in the common agricultural policy to ensure EU funding programmes include conditionalities regarding European labour standards, which would make EU funding more efficient and improve the functioning of the internal market; |
Or. es
Amendment 31
Motion for a resolution
Paragraph 12 a (new)
| Motion for a resolution | Amendment |
| 12a. Calls on the Commission to promote collective bargaining and fair competition across the EU by incorporating into public contracts award criteria that seek to guarantee decent working conditions, including by awarding additional marks to firms whose employees and subcontractors’ employees are covered by collective agreements; |
Or. es
Amendment 32
Motion for a resolution
Paragraph 12 b (new)
| Motion for a resolution | Amendment |
| 12b. Emphasises that consumers have the right to accurate information on the working conditions under which services are provided; calls on the Commission and the Member States to promote due diligence practices14a across the European Union, including in SMEs and micro-enterprises; | |
| _________________ | |
| 14a Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence. |
Or. es