Contours of application of the legal prohibition on entering into public contracts relating to the compulsory equality plan in companies with 50 or more workers

Abstract

Administrative Law is connected to Labour Law in the field of public procurement. The prohibitions on contracting that are articulated, in a preventive key, based on the non-compliance by the bidding company with labor legislation, as well as the social clauses that encourage, in a strategic key, the awarded companies to be socially and actively responsible, nevertheless find the limit of the impossibility of altering the system of sources of Labor Law. This limit also applies to the prohibition of hiring related to the mandatory equality plan in all companies with 50 or more workers and whose operability in the dynamics of public procurement raises different questions in the field of Labor Law, which this study tries to clear up.