All the necessary information about company registration, requirements, regime, and essential documentation
A construction company is governed by the general rules according to articles 4-11 of Law 32/2006, of October 18 that regulates outsourcing in the Sector of Construction .
The Site and Field construction company, as international construction company , complies with all regulations in force in construction, and as an international construction company it adapts to the legislation of each country in which it has a presence .
Mandatory requirements for contractors and subcontractors
Companies wishing to outsource in the construction sector must prove the compliance with the requirements set forth below by means of a signed declaration by your legal representative made before the Register of Accredited Companies ;
- Be available to a own productive organization, have material and personal resources and use them for the development of the contracted activity.
- Assume the risks, obligations and responsibilities typical of the development of the business activity.
- Exercise the organization and direction on the work carried out by their workers in the work and, in the case of the self-employed, execute the work with autonomy and own responsibility and outside the scope of organization and direction of the company that has hired you .
- Prove that they have human resources with necessary training in Occupational Risk Prevention .
- Be registered in the Register of Accredited Companies corresponding to the territory of the Autonomous Community where the registered office of the contractor or subcontractor is located.
Outsourcing regime
Art. 5, Law 32/2006, of October 18, indicates that the Subcontracting Regime in the construction sector will be carried out respecting the following parameters:
- The promoter may contract directly with as many contractors, natural or legal persons, as it deems necessary.
- The contractor may contract with the subcontractors or self-employed companies the execution of the works that he had contracted with the promoter.
- The first and second subcontractors may subcontract the execution of the works that, respectively, they have contracted, except the subcontractors, whose productive organization put into use in the work consists mainly of the contribution of hand of work, understood as such that for the performance of the contracted activity does not use more work equipment of their own than manual tools, including portable motorized, although they have the support of other work equipment other than those indicated, provided that they belong to other companies, contractors or subcontractors, of the work.
- The third subcontractor will not be able to subcontract the work that he has contracted with another subcontractor or self-employed worker.
- The self-employed worker may not subcontract the jobs entrusted to him or to other subcontractor companies or other self-employed workers.
However, in exceptional and duly justified circumstances such as the specialization of a job, technical requirements or cases of force majeure that may affect the work, according to the assessment of the optional management, the contracting of some phase of the work with third parties, Exceptionally, it may extend subcontracting, always approved by the optional management and with respect to the appropriate responsibilities, Art. 7, Law 32/2006, of October 18.
This exceptional case cannot be applied in cases of subcontractors or self-employed workers when their main function in the work is the contribution of labor Art. 5, Law 32/2006, of October 18.
The Health and Safety Coordinator must be aware of the representatives of the workers of the different companies included in the scope of their contract that are listed in the Outsourcing Book exceptional outsourcing.
Register of Accredited Companies ( REA )
In the Register of Accredited Companies (REA) companies that intend to be hired, or subcontracted, must be registered for work on a construction site, it will depend on the competent labor authority, understood as such corresponding to the territory of the Autonomous Community where the registered office of the contractor or subcontractor is located (Art. 9-11, Royal Decree 1109/2007, of August 24).
Once registered in the Register of Accredited Companies, its validity will be applied to the entire national territory, being your public access data.
Subcontracting book in the construction and documentation of subcontracting
The construction contractors must have a Subcontracting Book in construction. This book will always remain in the work , it reflects:
- The beginning of the works.
- All subcontracting carried out in a specific work with subcontractors and self-employed workers.
- Your level of outsourcing.
- The purpose of your contract.
- The identification of the person who exercises the powers of organization and direction of each subcontractor and, where appropriate, of the legal representatives of the workers.
- The dates of delivery of the health and safety plan that affects each subcontractor and self-employed company.
- The instructions prepared by the Health and Safety Coordinator for the development of the established coordination procedure.
- Annotations made by the optional address.
The book is enabled by the labor authority corresponding to the territory where the work is executed.
To enable a book it is essential to be registered in the Register of Accredited Companies as contractors or subcontractors in the Construction Sector, under the labor authority of the Autonomous Community territory where File the registered office of the contracting company.
Promoters who directly hire self-employed workers for the realization of the work or certain works thereof are excepted from this prerequisite.
Persons will have access to the Subcontracting Book under construction :
- The promoter.
- The optional address.
- The Health and Safety Coordinator in the execution phase of the work.
- Companies and self-employed workers involved in the work.
- Prevention technicians.
- The delegates of prevention.
- The labor authority.
- The representatives of the workers of the different companies involved in the execution of the work.
Apart from the international portfolio of construction services that Site and Field offers, they are specialized in the construction of custom pools, house construction, constructions and rehab in general and, sustainable construction.
For more information, you can go to info@siteandfield.com
