S.L. 452.82 Art. 10Subcontracting liability.

(1) This regulation shall only apply in respect of a subcontracting chain operating in one or more of the activities listed in the Schedule.

(2) In any civil proceedings instituted by the posted worker where there is a subcontracting chain, the posted worker may hold the contractor of which the employer is a direct subcontractor and the direct subcontractor jointly and severally liable with respect to those rights granted by regulation 5(1)(c):

Provided that the liability shall be limited to the posted worker’s rights acquired under the contractual relationship between the contractor and his direct subcontractor:

Provided further that the contractor shall not be liable in terms of the foregoing if he has undertaken a proper due diligence exercise as to the solvency and the compliance of its direct subcontractor with laws regulating its operations:

Provided further that the provisions of this regulation shall apply mutatis mutandis to any employee in relation to the activities listed in the Schedule.