The Requirement of Employment under an Employment Relationship in Public Procurement and the Protective Function of the Labour Law

Abstract

The issues included in the article focus on a tool ensuring compliance with provisions of the social law and labour law, as well as collective agreements (so-called cross-cutting “social clause” or horizontal clause) and more precisely on the analysis of regulations of Polish Public Procurement Law related to the requirement posed in relation to economic operators or subcontractors, concerning mandatory employment of staff under an employment relationship when they execute public procurement contracts. The regulation fulfils the protective function of the labour law, underlying the priority of employment. It was emphasized that socially responsible public procurement are inseparably connected with compliance with the provisions of the labour law, whose main aim is to protect the employee. The article also analyses selected issues concerning socially responsible public procurement and the notion of an employment relationship.