News
The Constitutional Court to examine the admissibility of a referendum concerning amendments to joint liability in private procurements
- 19/12/2016
With note of 13th December 2016, the Constitutional Court has announced that, on 11th January 2017, it will examine the admissibility of three referendum, regarding the (total or partial) abrogation of provisions on unfair dismissals and on casual jobs, and also of article 29, paragraph 2, of Decree-Law 10th September 2003, no. 276.
Such provision applies to private procurements of works and services. It provides that, unless otherwise agreed in collective agreements, a procurer is jointly liable with a contractor for the payment of wages and social security and insurance contributions on behalf of workers. In any case, any forced execution procedure must be brought against the contractor first. Should this attempt fail, forced execution may then be brought against the procurer.
The referendum aims at abolishing the possibility for collective agreements to provide for an exception to the joint liability, as well as the obligation to bring enforcement proceedings against the contractor first. Therefore, its purpose is to restore a full and binding joint liability between (private) procurers and contractors.
Should the referendum be considered admissible, citizens will express their vote on a date between 15th April 2017 and 15th June 2017.
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