Protection of the Subcontractor Under Iraqi, Lebanese and Jordanian Labor Legislation

Subcontracting established three-party relationships, a bond between the project owner and the actual contractor, a contractual bond defined by the actual contract, the actual contracting contract, and another contractual bond between the actual contractor and the subcontractor known as the subcontracting contract or subcontracting contract, and the association Another bond formed between the original and the subcontractor is known as the subcontracting contract or the subcontracting contract, and another bond formed between the project owner and the subcontractor is the result of subcontracting carried out by the actual contractor, but this association is not contractual, but rather has its specialized provisions that We will discuss it in our research. Given the importance of subcontracting to complete projects in the actual contract, it was necessary to restrict the contractor’s freedom to resort to subcontracting, by including an element in the subcontracting contract that prevents him from seeking help from others without the consent of the project owner. Accordingly, if the actual contractor subcontracts, this action creates a new situation, which is the association of the project owner with the subcontractors contracted by the actual contractor. For example, electrical or sanitary equipment does not comply with the specifications set by the engineers. Is there a way for a project owner to sue the subcontractors who installed them, or should they sue the actual contractor they hired? This question leads to the consideration of another question, which is: Is the responsibility of the subcontractor towards the project owner a contractual liability, according to the actual contract that binds him to the actual contractor, or is it a tort liability, given that it exists? No contractual bond between him and them? The benefit of defining the link between the project owner and the subcontractors calls for an important imprint in light of the implications of any of them on the situation of the project owner and the subcontractor in terms of the exercise of civil action within specific time limits and the scope of compensation and the possibility of setbacks to another individual in exchange for the guarantee. This question clarifies the consideration of the forms with a degree of accuracy and complexity represented in the lack of treatment of legislation For subcontracting, defining the concept of subcontracting and the responsibilities and effects resulting from it between the parties to the relationship. The contracting contract is considered one of the most prominent contracts in which the applications of contractual responsibility for the actions of others can appear.