When delivering employment contracts to the contracting authority, can the contractor anonymise them?

ANSWER

Current provisions of the Public Procurement Law in Article 29(3a) allow the description of the subject matter of a contract for services or construction works to require that the contractor or subcontractor employ, under employment contracts, persons performing activities specified by the contracting authority within the scope of contract performance, where performance of those activities involves work carried out in the manner specified in Article 22¹ § 1 of the Act of 26 June 1974 — the Labour Code (establishing an employment relationship).

The contracting authority is obliged to specify in the Terms of Reference (SIWZ), in particular, the method of documenting the employment of persons referred to in Article 29(3a) of the Public Procurement Law. As a rule, it is recommended to submit anonymised employment contracts so as not to provide the contracting authority with excessive data. Information on the remuneration of individual employees should be anonymised, as it is not necessary for the contracting authority to achieve the purpose of processing.