A revolution in the fight against junk contracts? The tender will win this … – Interia

The government is preparing recommendations on the use of social clauses in public procurement. This stage in the struggle with the agreements junk.

The head of the civil service Claudia Torres-Bartyzel intends shortly to present Taoiseach content of the recommendations. The point is that public administration in tenders to favored firms employing time. According to our information, most likely they will be adopted as a recommendation from the Council of Ministers.

This announcement is part of the fight against junk agreements Ewa Kopacz. – We talked about it at a meeting of the government. We also had a conference of directors general of ministries, with the head office of the prime minister and head of the civil service. The norm in public procurement should be that it is not only price but also quality of employment – says Minister of Labour and Social Policy Władysław Kosiniak- Kamysz. His department has implemented the first use of such clauses. For the moment is the exception.

If in fact the recommendations were issued from the Council of Ministers, the administration potraktowałaby them seriously. They oblige directors-general to the use of such records in the activities of their offices, and officials are held accountable for this.

– It would strengthen our position as well. We can then settle the officials on the implementation of such requirements – the NIK spokesman says Paul Biedziak. The Chamber is planning for next year a lot of control in the entities of public administration and local government for use in public procurement criterion of employment contracts of employment.

During Thursday’s meeting of the Directors General of central offices in the CPM discussed just the experience of the implementation of the clauses. The labor ministry last year was settled tender for protection. 50 percent. Referring credit companies can receive for the price, 40 percent. for quality, in that time for employment, and 10 per cent. for the experience.

The company, which won, she could boast that all persons employed at the time. – We analyzed various settings tender criteria, the other parameters winning company offering the lowest price. But not employed on time – says the director. Administrative work at the Ministry of Ireneusz Niemirka. Now settled was another tender for the cleaning company. There’s also applied the new criteria. Their effect is that employees will be hired on contracts of employment.

The government hopes that the measures go beyond public administration. – Public procurement accounts for 12-13 per cent. GDP. Billions of dollars. Such activities may terminate the employment dualism in the labor market. Because it created a public contract and they can finish it – says the minister Kamysz.

Officials generally prefer to stick to the criterion of the lowest prices. Its use guarantees them peace of mind. While the application of other criteria exposes the charge that could be cheaper, and is reflected in the budget of the institution.

The fact that the Polish labor market mark the numerous pathologies, is loudly for a long time. Effect it has on this kind of cult of outsourcing and cheap labor coupled with temporary forms of employment, as recently confirmed by the National Labour Inspectorate. read more

As early as 2012., at the request of the then Government Plenipotentiary for. equal treatment Agnieszka Kozlowska-Rajewicz, head of the civil service central government has issued similar recommendations on the use of wider social clauses in tenders. They were to be included in at least 5 percent. tenders. The effect recently decided to explore Deputy Tadeusz Tomaszewski (SLD), directing an interpellation to all ministries.

– Clauses were used in just a few ministries, and and in individual contracts – says the MP. As many as nine ministries has not found a single contract, which would take into account the social factor, and four did it in only one tender.

The new recommendations issued from the government can be so much more effective that since 19 October 2014 . valid amendment to the Act – Public Procurement Law (ie Journal of Laws of 2013. pos. 907 as amended.). It has introduced a provision which speaks directly about the possibility of requiring the companies taking part in a tender to employ staff on time, if this is justified by the nature of the contract (Art. 29, paragraph. 4 point 4).

Although officials could have already introduced similar requirements, now they have indicated directly to this legal basis. Still, reach for her very reluctantly, even when it comes to contract for offices having to take care of workers’ rights.

Wide echo rebounded in the media organized by the National Labour Inspectorate tender for shipment court, which does not formulates any requirement for employment.

Valid for more than half a year provision allows the stand rigid requirement for employment. This, however, means that only companies that declare such hiring can even proceed to tender. Much more flexible instrument may be to promote employment on time in evaluation criteria. One of them, except the price, it may be the number of employees, with whom the contractor sign a contract of employment.

recently got Purchasing Center for Judiciary worth several hundred million zlotys tender for shipment court. Price is in the 70 percent. scoring. One of the other criteria are employed at the time messengers and people working in institutions, for which you can receive 15 percent. points. This criterion was challenged by the company PGP, but last week the National Board of Appeal considered it lawful fully justified by objectives that guided the legislator.

Public -PROCUREMENT must be seen as an instrument of labor market support – justified the presiding judge Gregory Matejczuk.

Slawomir Wikariak, Gregory Osiecki

June 25, 2015