The odyssey of the clauses for the maintenance and improvement of labour rights in public sector contracts

Abstract

The social and labour clauses in public sector contracts have been subjected to rigorous constitutional and legal scrutiny by administrative appeals and advisory bodies, as well as by regional courts. This scrutiny, the results of which are predominantly biased towards the unlawfulness of the clauses in question, is particularly acute with regard to the clauses that the contracting bodies incorporate, at their discretion, into the specifications and the contract. Furthermore, it is particularly acute with regard to the provisions aimed at maintaining or improving the employment rights of the persons assigned to the contract. This article contrasts the objections raised to remuneration clauses by the main legal actors with the margins defined by the law.