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Joint statement by BusinessEurope and European-level employers’ sectoral organisations on subcontracting

BusinessEurope and several European-level employers’ sectoral organisations have called on Members of the European Parliament (MEPs) to reject an own-initiative (INI) report addressing subcontracting chains and the role of intermediaries in protecting workers’ rights. In a joint statement, the organisations argue that the report, titled “Addressing subcontracting chains and the role of intermediaries in order to protect workers’ rights” (2025/2133(INI)), risks undermining fundamental principles of EU law and imposing unnecessary regulatory burdens on businesse

Published on 3rd February 2026

The employers’ groups stress that subcontracting is a core element of contractual freedom, which is protected under EU primary law. While reaffirming their commitment to ensuring that workers engaged through subcontracting chains enjoy safe and fair working conditions, they argue that robust EU legislation is already in place. They point to existing rules such as joint liability provisions under the Posting of Workers Enforcement Directive and monitoring mechanisms within the Public Procurement Directive, noting that shortcomings stem from weak enforcement at national level rather than legislative gaps.

BusinessEurope warns that proposals in the INI report, particularly those suggesting limits on the number of subcontracting tiers or expanded joint and several liability, would disproportionately affect SMEs, distort competition in the internal market, and weaken Europe’s competitiveness. The organisations are urging MEPs to reject the report in its entirety or, at a minimum, to remove provisions they consider most problematic, including those related to liability regimes, limits on subcontracting chains, and additional exclusion criteria in public procurement.

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