Egzekwowanie zatrudnienia pracowniczego w prawie zamówień publicznych przejawem naruszenia wolności gospodarczej

This article analyzes the regulation regulated in art. 95 of the Public Procurement Law, the contracting authority is obliged to specify in the notice the activities to be performed by persons employed by the contractor under an employment contract. Recognizing the validity of the very idea of protecting employees, it should be stated that the method of determining the necessity to establish an employment relationship adopted in the Act, based solely on the nature of the activities, thus ignores the way of their implementation and, consequently, is an overly rigorous means of implementing the protection of employees. According to the author, the applicable legal standards provide a sufficiently wide range of effective instruments of protection against avoiding employment under the labour law regime, which also allow the contracting authority to effectively enforce compliance with labour law standards by the contractor during the performance of the contract.