Call for tenders' details

Provision of Interim Staff Services for Frontex
Contracting authority:
European Border and Coast Guard Agency (Frontex)
TED publication date:
Time limit for receipt of tenders:
polski (pl) English (en)
Question details
Agreement between Poland and EC related to Frontex
Due to the differences in the Polish and English translations of the agreement between the Polish State and the European Commission, I am asking for an unequivocal explanation that the Polish version of the agreement should not be used in these proceedings, despite its ratification by the Polish parliament. I would like to point out that this document clearly indicates that temporary employees are Frontex staff and the lack of the necessity to pay contributions is the privilege of these people. Withdrawal of this privilege may give temporary employees a claim for unequal treatment.
According to point 4.5 of Terms of reference “the requested under this FWC interim personnel remains staff of the contractor and the contractor will be obliged to engage interim staff in line with the local labour law and pay all taxes and social security contributions in line with the applicable laws and regulations. The interim personnel under this FWC is not Frontex staff. On the contrary, Frontex staff is employed based on the Staff Regulations of officials and the Conditions of Employment of other servants of the European Union.” In line with the Terms of Reference (point 10) "all issues (rights and entitlements) related to the employment, remuneration and social contributions (salary, health insurance, pension contribution, taxes) of the interim personnel must be covered and managed by the contractor in line with the national law applicable to employment of interim personnel. The contractor is the sole responsible party to ensure compliance with national legislation. Frontex reserves the right to access the relevant documentation in relation to the provided interim services on its site in order to verify their legality."