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Labor subcontracts should be made.
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The purpose of a construction employment contract is to complete a certain kind of construction, and its form is somewhat like a contract, but it is not an ordinary movable property contract. How is the general construction contract signed, and what are the issues that need to be paid attention to? Let's briefly explain the issue of the conclusion of construction projects.
It is divided into three parts: the agreement, the general terms and conditions, and the specific terms.
1. Slope protection. 1) The base is wide and thick, slowly closed from bottom to top to a height of meters, the stressed part needs to be cold-drawn brick belt, and the outer wall is made of sand (cement is marked as green brick or red brick with good quality).
2) Demolition of three houses next to the toilet to make way in and out.
3) After completion, make a fence about 10 meters.
4) The gap between the wall and the shore should be compacted with soil, and an appropriate amount of leaking pipes should be added to the wall.
Article 3: Contract Duration.
1. After negotiation between the two parties, the project period is day, and the temporary suspension is scheduled to end from the date of the year, the specific start time of the construction can only be started after Party A issues a start order.
2. If there is an irresistible situation in the process of implementation, or Party A requires Party B to suspend the work, the construction period will be extended accordingly.
Article 4: ** and Payment Methods.
1. The general contracting price of the project is RMB.
2. The above contract price is a lump sum price, including all the work content of this contract, contracted labor and materials and all other expenses (including demolition of houses and walls), and Party A does not need to pay any fees to Party B.
3. Payment method: pay yuan after completion and acceptance, in addition to 5% of the total amount of the warranty, the remaining part is paid, and the warranty is paid after one year (the time is calculated from the date of acceptance).
Legal basis: Civil Code of the People's Republic of China
Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
Article 563:Where one of the parties delays the performance of its debts or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract, the parties may terminate the contract.
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Summary. Hello, strictly speaking, you belong to labor subcontractors, not migrant workers. However, if there is no formal labor subcontract, and the amount of work is very small, it can also be regarded as an individual contract, and the money is calculated according to the quantity.
Hello, Suida strictly speaking, you belong to the labor subcontractor Bizu Lu, not migrant workers. However, if there is no formal labor subcontract, and the amount of work is very small, it can also be regretted as a personal contract, and the money is calculated according to the amount.
Legal basis: Article 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use written form, oral form or other forms of contract. The written form is the form in which the contents of the contract, letter, telegram, telex, fax, etc. can be expressed in a tangible way.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing. Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of the law and administrative regulations, if the contract shall go through formalities such as approval, such provisions shall be followed.
If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
Hello! That's right, I signed a contract with the company, and the money is also calculated according to the amount, and I find someone to work and pay the salary, so I am not considered a migrant worker.
You don't count, you count as a contractor.
Can I go to the Labor Bureau to report on the grounds that the company is in arrears of wages?
OK. But you'd better go to court and sue.
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Summary. Hello, the contractor and the contractor have signed an agreement, the contractor has not given the contract to the contractor, the contractor can take the initiative to contact the contractor, ask about the situation and reason of the contract. If there is no progress in the communication, the contractor may send a written notice to the contractor requesting him to provide the contract as soon as possible.
What should I do if the contractor signs an agreement with the contractor, but the contractor has not given the contract to the contractor.
Hello, the contractor and the contractor signed an agreement, the contractor has not buried the contract to the contractor, the contractor can take the initiative to contact the contractor, ask about the situation and reason of the contract. If no progress is reached, the contractor may send a written notice to the contractor requesting him to submit the contract as soon as possible. <>
Relevant information: If the contract cannot be performed because the other party does not give the contract in time, it will constitute a breach of contract, and the other party can be required to bear the liability for breach of contract. If the single grandson does not give the contract after signing the labor contract, he can also ask for it directly from the unit, and if he refuses to accept the banquet, he can complain to the local labor administrative department.
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Legal analysis: If the two parties need to adopt a written contract after reaching a consensus on the content of the contract, it is sufficient to sign, seal or press the fingerprint at the end of the contract. If the parties conclude a contract in the form of a written contract, the contract is formed when both parties sign, affix their seals or press their fingerprints.
Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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According to China's laws and regulations, contractors, project managers, and engineering project departments of construction projects are not qualified as employers, and workers cannot sign labor contracts with them. In the event of a labor dispute, it depends on which family the worker has actually established an employment relationship with.
Workers must pay attention to preserving and collecting some evidence that can prove the existence of labor relations between themselves and the contractor and the employer: including keeping the labor contract, salary slips, recruitment registration forms, employee rosters, attendance records, work permits, service certificates, access cards, reimbursement records, traces, etc. In this way, even if the complaint is filed against the arbitration department or sued by the court, there is enough evidence to prove one's views and claims, so as to fully protect one's legitimate rights and interests.
According to the Notice on Matters Concerning the Establishment of Labor Relations, Lao She Bu Fa [2005] No. 12
2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;
4) Attendance records;
5) Testimony of other workers, etc.
Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.
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If it is unreasonable and you have not signed a labor contract, how can you pay for five insurances and one housing fund? Pay work-related injury insurance, medical insurance, and pension insurance, these are all your rights, and you can ask the contractor to pay for you. This is the right given to you by the "Labor Contract Law", you don't want to fight for the pure which model is sorry for your slow hairstyle.
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