Courts: the state customer may require the contractor to be present at his address on weekdays
The customer established in the documentation for the procurement of legal services the requirement for the obligatory presence of the contractor at the place of his location on working days (in accordance with the internal labor regulations). The entrepreneur considered this requirement unlawful. He saw the violation as follows:
in the documentation there is no calculation of the norms of time of constant daily presence of the contractor at the location of the customer;
there is no need for the daily presence of the contractor, which means that the contested documentary condition was established in order to limit the range of auction participants from other regions and competition in the legal services market;
as a result of the auction, an employment contract is actually concluded, which contradicts the provisions of the law and indicates the illegality of the documentation.
The courts did not agree with this position. The contested condition meets the specific needs of the customer and is necessary to ensure the quality of services: its employees have legal questions during the day, so a lawyer is needed at the customer's site. The position of a lawyer is not in the staffing table, and the corresponding remote services will not cover the need for that. The applicant could have involved co-executors to meet the customer's request to be present during the day.
The Supreme Court did not review the case.
Document: Determination of the Armed Forces of the Russian Federation of 08/10/2020 N 307-ES20-10180