Mój poprzedni wpis przyniósł taki efekt, że w przerwie od plażowania odbyłem dwa spotkania na Pomorzu. Obydwa z właścicielkami i właścicielami firm leśnych.
Świetni ludzie, których przedsiębiorczość i pracowitość jest godna szacunku i naśladowania! Takie rozmowy pozwalają adwokatowi lepiej poznać arkana branży, a w efekcie – udzielić skutecznej pomocy prawnej. Dla prawnika to bezcenne doświadczenie.
***
Podczas jednej z pogawędek pojawił się wątek, z którym w ostatnich miesiącach dzwoniło do mnie wiele osób z różnych zakątków kraju. Chodzi o pozacenowe kryteria oceny ofert i ich egzekwowanie na etapie realizacji umów.
To nie pierwszy raz, gdy poruszam temat na blogu. Dowodem na kontrowersje w tym zakresie jest także list czytelnika Gazety Leśnej opublikowany w jej czerwcowym wydaniu.
W toku wspomnianej rozmowy przy kawie zastanawialiśmy się nad przypadkami fikcyjnego zatrudniania operatorów. Chodzi o to, że wykonawca podpisuje z pracownikiem umowę na 1/8 etatu, zgłasza tę osobę do Nadleśnictwa i w ten sposób deklaruje spełnianie obowiązku samodzielnego wykonania. ZUL twierdzi, że ten pracownik jest osobą zaangażowaną w prace objęte pozacenowym kryterium.
Wszyscy wokoło wiedzą, że to fikcja, ale jak to udowodnić?
***
Jednym ze sposób, który przyszedł mi do głowy jest proste działanie. Znając wydajność pracy harwestera wystarczy porównać liczbę przepracowanych na „etacie” godzin z liczbą pozyskanych kubików.
Nie ma cudów. Choćby doświadczenie operatora sięgało czasów, kiedy harwesterów jeszcze nie było, 5 h tygodniowo nie wystarczy na wykończenie wybranej pozycji zlecenia.
Podobne wyliczenia dałoby się przeprowadzić w odniesieniu do prac ręcznych.
***
W oparciu o takie działania można domagać się od zamawiającego konsekwentnej egzekucji umowy, tj. w ostateczności – obciążenia nieuczciwego konkurenta karami.
Dane o przebiegu wykonania zleceń powinny być przekazane na zasadzie dostępu do informacji publicznej.
A więc – do dzieła!
***
Z letniej galerii Żony:











{ 178 komentarze… przeczytaj je poniżej albo dodaj swój }
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