Wykonawcy wspólnie realizujący zamówienie publiczne a art. 8 ust. 2a ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych

Abstrakt

CONTRACTORS JOINTLY IMPLEMENTING A PUBLIC CONTRACT AND ARTICLE 8 SEC. 2A OF THE ACT OF 13TH OF OCTOBER 1998 ON THE SOCIAL INSURANCE SYSTEM

Article 8 para. 2a of the Act on the social insurance system includes the so-called extended employee defi nition. For social security purposes, it is also a person who has entered into a civil law contract with his own employer or with another entity, but performs this contract for his own employer. This provision creates signifi cant practical problems, including the problems on the basis of public procurements. One of the problematic questions is employing of the same people by several contractors, who perform the public procurement together as a consortium. The question then arises whether the work performed on the basis of a civil law contract concluded with one of such contractors, next to the employment contract concluded with another contractor, constitutes the title of social insurance according to the mentioned provision. In the article the Author presents potential confi gurations of such employment and tries to answer the question, in which of those confi gurations is the Article 8 para. 2a of the Act on the social insurance system applicable. According to Author, its automatic application in all of those situations is unacceptable.