Poland – Refuse and waste related services – Odbiór i zagospodarowanie odpadów komunalnych od właścicieli nieruchomości zamieszkałych i z PSZOK na terenie Gminy Drwinia

The subject of the order is: 1) the provision of services in the field of collection, transport and disposal of municipal waste from the owners of properties located in the area of Drwinia Municipality and from PSZOK, 2) providing owners of properties with bags for selectively collected municipal waste and preparing and delivering to residents the "Schedule of waste collection from the area of Drwinia Municipality for the year 2027", 3) performing reporting and monthly reports. A detailed description of the subject of the order and its implementation is contained in the annex to SWZ "Detailed Description of the Subject of the Order". Note: The quantity of actually collected and disposed of non-segregated (mixed) municipal waste, as well as selectively collected and disposed of municipal waste and collected from PSZOK, may differ from the declared quantity and will depend on the actual demand. The quantities given in the description of the subject / order application are only estimated values. Employment requirement based on an employment relationship Requirements referred to in Article 95 of the Pzp. 1. Since the implementation of this order must take place by performing activities in the conditions specified in Article 22 § 1 of the Labour Code of 26 June 1974 - for the contractor or subcontractor, at the place and time indicated by the contractor or subcontractor - the ordering party, in accordance with Article 95(1) of the Pzp Act, requires the contractor or subcontractor to employ persons performing activities falling under the so-called direct costs on the basis of an employment relationship. This requirement applies to persons who perform activities directly related to the performance of the services covered by the subject of the order, i.e. so-called physical workers, in particular: 1) related to the collection and transport of municipal waste from property owners and from PSZOK, in particular operators, drivers, loaders, 2) performing the function of a coordinator (and in the event of his absence, a deputy). 2. The method of documenting the employment of persons referred to in Article 95 of the Pzp Act. The contractor is obliged to submit to the ordering party, at its request, within the time limit specified in the request, documents confirming the employment of persons performing the activities referred to above, in particular a written statement from the contractor or subcontractor confirming that the employees of the contractor or subcontractor are employed on the basis of an employment contract in the sense of the provisions of the Labour Code of 26 June 1974, taking into account the minimum remuneration for work set on the basis of Article 2(3-5) of the Act of 10 October 2002 on the minimum remuneration for work (Journal of Laws of 2024, item 1773). This statement should include in particular: the exact specification of the entity submitting the statement, the date of submission of the statement, the indication that the activities listed in point 1 are performed by persons employed on the basis of an employment contract together with the indication of the number of such persons, the type of employment contract and the scope of employment, as well as the signature of the person authorised to submit the statement on behalf of the contractor or subcontractor. 3. The rights of the ordering party in the scope of controlling the fulfilment by the contractor of the requirements referred to in Article 95 of the Pzp Act have been described in the contract project being an annex to SWZ. 4. Sanctions for non-compliance with the requirements referred to above have been specified in the contract project being an annex to SWZ.