Poland: Exclusion from a public tender

In brief

New Act on Public Procurement provides new rules on exclusion from public tenders.


Contents

Issue: The new Act on Public Procurement provides for the possibility of excluding from participation in public tenders those companies with a member of the management board, member of the supervisory body, proxy or partner (in the case of a general partnership or a partnership) who has been validly convicted of an offence against an employee's rights. The company will be excluded for a period of three years from the date of the judgment becoming final and binding, or the occurrence of the mentioned case, unless it proves that it has repaired the damage, comprehensively explained the facts of the case and implemented procedures to prevent such actions in the future.

Entry into force: 1 January 2021

Recommended actions: Implement internal procedures to prevent and detect infringements of employment law and internal systems for reporting irregularities by employees.

Click here to access the Polish version: HR Alert Polska | Grudzień 2020

Contact Information
Michal Lisawa
Partner at BakerMcKenzie
Warsaw
michal.lisawa@bakermckenzie.com

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