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James Debono
The Department of Health has awarded a tender for cleaning services at six polyclinics, at an hourly rate of Lm1.54,5. less than the national minimum wage of Lm1.44,7 if social security contributions are deducted from that amount.
Gafa Saveways Ltd, one of the bidders for the tender, appealed the decision to award the contract to Jescer Cleaning Services, claiming the rate offered by their rivals is unsustainable.
But the General Contracts Committee has rejected the appeal. Gafa Saveways is now seeking redress in the law courts.
Jescer Cleaning Services claimed they can offer competitive prices because they do not look at the expenses in each health centre individually, but at the results achieved by their companies as a whole.
They tendered at a rate of Lm1.54,5 per hour, which after adding VAT and deducting social security contributions, leaves the rate at Lm1.40,5.
Gafa Saveways claimed the tendered rate was below cost and unsustainable, being below the national minimum hourly rate.
In their submissions to the contracts committee, Jescer Cleaning Services said they had reduced their costs because their cleaning materials were obtained in-house from one of their companies.
They also claimed that for the past two years they had always given an excellent service in health centres without any complaints.
The contract committee did not uphold Gafa Saveways’ request, but asked the Health Department to ensure that Jescer Cleaning Services give the full number of hours of cleaning services requested by each health centre.
The committee also agreed that “due to the circumstances giving rise to the objection”, 50 per cent of the deposit on the tender should be refunded to Gafa Saveways. The company has now filed a judicial protest against the Contracts Department and the Health Department, asking for the revocation of the tender.
In the protest Gafa Saveways claim that the contractor would lose 10c every hour if workers are paid the minimum wage.
The Health Department has absolved itself of any responsibility in ensuring that contractors abide to labour laws and regulations. It told MaltaToday it does not ensure the contractors awarded tenders abide to employment rules such as the minimum wage, national insurance contributions, or labour rights.
It also does not demand an account from contractors to ensure they are fully abiding to the employment laws and regulations.
In its submissions to the Contracts Department however, the Health Division said that “confirmation that Jescer Cleaning Services Ltd was conforming to the regulations was requested and obtained.”
A MaltaToday journalist claiming he was looking for work as a cleaner with Jescer Cleaning Services, was also told the company only employed people with a workbook and at the minimum wage.
jdebono@mediatoday.com.mt
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