Call for tenders' details
dyskryminacja ze względu na system emerytalny #2
Frontex answer for last question was „...salaries of these both groups will be deducted accordingly to the applicable legal framework”. This is exactly what is a problem in this Tender specification - actual employee salary is not NET salary, but GROSS salary from which employer have to deduct adequate tax/social security amounts. That's why, Frontex should require to guarantee certain gross salary not net salary.
Once again we would like to quote Directive 2008/104/EC: 16) In order to cope in a flexible way with the diversity of labour markets and industrial relations, Member States may allow the social partners to define working and employment conditions, provided that the overall level of protection for temporary agency workers is respected. (17) Furthermore, in certain limited circumstances, Member States should, on the basis of an agreement concluded by the social partners at national level, be able to derogate within limits from the principle of equal treatment, so long as an adequate level of protection is provided. The Member States of the EU have different regulatory framework related to labour law and taxation and as the result there is no totally harmonised legal approach in the EU. Therefore, the main aim of the ‘derogation within limits from the principle of equal treatment’ is to ensure at least the (minimum) NET pay of temporary agency workers is equal to the NET pay of respective EU staff (for the same work) as a measure to ensure that “the overall level of protection for temporary agency workers” is respected. Expressing the remuneration in gross value would not comply with this rule as taxation, social and health care contributions and allowances are calculated differently for the staff employed by the EU than according to Polish regulatory framework. Further information about EU pension scheme could be found in Staff Regulations, Annex VIII. As the interim personnel will be employed by the provider under the conditions of Polish labour law (and not by Frontex under the respective EU staff rules) there is no possibility to include such personnel under the EU pension scheme. Additionally please note that the deadline for submitting questions has passed and we cannot reply to the new questions.