The EFBWW has commissioned a study to provide a detailed legal and policy analysis of how subcontracting can be limited effectively within the EU framework. Conducted by Professor Mijke Houwerzijl, the study was tasked with answering key questions: how can subcontracting be effectively limited within the framework of the internal market? How can “fraud-sensitive” industries such as construction be legally defined and addressed through targeted rules? And, how can EU-level action be balanced with the right of Member States to apply more stringent national provisions?
The research finds that current legislation at the EU-level regulating subcontracting is inadequate. There is no EU legislation that sets out specifically to regulate subcontracting and where subcontracting is addressed, such as in the Posting of Workers Enforcement Directive, the Temporary Agency Work Directive, EU OSH legislation and the Public Procurement Directives, it falls woefully short. To address this gap, the research considers two possible legislative paths: firstly, updating the existing acquis or, secondly, developing a specific EU instrument on subcontracting.
The findings are clear: the fragmented nature of current EU rules leaves systemic gaps that enable abuse. A holistic approach in which limiting subcontracting, with strong enforcement and liability mechanisms, is essential to protect workers and ensure fair competition.
This report provides the foundation for the next stage of EFBWW’s campaign: turning political recognition into binding European legislation that protects workers and promotes decent work and ensures accountability on every building site in Europe. The time to act is now!