CBA Regulations – Law

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¿What legal responsibilities does the company in compliance with the Coordination of Business Activities has?
  • Joint liability

Non- compliance by companies of their obligations under Royal Decree 171/2004, of 30 January, by which Article 24 of Law 31/1995 of 8 November on Prevention of Occupational Risks develops, on coordination of business activities. BOE No 27 31-01-2004 carries a number of offenses listed in art. 24.3 of LPRL and art.13.14 of Royal Legislative Decree 5/2000.

The company that hire other companies to carry out relevant activities of the activity itself and to develop in the workplace of the parent company, will monitor compliance by contractors and subcontractors in prevention.

In this case, the parent company jointly and severally liable with respect to contractors and subcontractors of violations that occur against workers belonging to these contractors. This responsibility means that having two or more persons responsible for compliance with an obligation to a breach of it may be required coping with such compliance to any of the required and this will be done in a comprehensive manner and without excuses .

This joint responsibility of the principal employer in respect of contractors and subcontractors is the result of two aspects:

 
– Security duty the contractor or subcontractor must provide their own workers.
– The duty of supervision of the principal employer towards employees of contractors and subcontractors working at its center. In this case, it is different than the main employer is or not salaried workers, since the ultimate goal of joint liability is the protection of workers of contractors and subcontractors.

In this case, it is different than the main employer is or not salaried workers, since the ultimate goal of joint liability is the protection of workers of contractors and subcontractors.

  • Strict liability

The responsibility for risk is normatively regulated in Articles 12 (13) 12 (14) and 13 (7) of Legislative Royal Decree 5/2000 (by approving the revised text of the SMOOTH – “Act on Offences and Penalties Social order”-.

Risk infringement occurs by not performing the necessary coordination, without the need to harm the worker will be forthcoming. Infringements on coordination, are as follows:

 
– Entrepreneurs who are active in a workplace without performing adequate coordination for the prevention of occupational hazards, be committing a serious infringement.
– When this lack of coordination is particularly dangerous activities, he/they will be committing a very serious offense.
responsabilidad legal en el cumplimiento de la normativa CAE