The management system of the company s internal projects is attached

This is called project subcontracting, and there are many projects on the Internet.

Legal analysis: it is illegal for affiliated companies to do projects. The specific provisions are that the act of an unqualified actual constructor signing a construction contract with another person in the name of a qualified construction enterprise is invalid. Therefore, it is a violation of the law to be affiliated with a company to do the project.

Legal basis: Article 806 of the Civil Code of the People's Republic of China If the contractor subcontracts or illegally subcontracts a construction project, the employer may terminate the contract.

If the main building materials, building components and equipment provided by the employer do not meet the mandatory standards or fail to perform the obligation of assistance, resulting in the contractor being unable to carry out the construction, and the contractor fails to perform the corresponding obligations within a reasonable period of time after being reminded, the contractor may terminate the contract.

After the termination of the contract, if the quality of the completed construction project is qualified, the employer shall pay the corresponding project price in accordance with the agreement; If the quality of the completed construction project is not up to standard, it shall be handled with reference to the provisions of Article 793 of this Law.

It is illegal to do projects in several lines of affiliated companies. The specific provisions are that the act of an unqualified actual constructor signing a construction contract with another person in the name of a qualified construction enterprise is invalid. Therefore, it is illegal for a company to do a project.

Article 806 of the Civil Code Where the contractor subcontracts or illegally subcontracts a construction project, the employer may terminate the contract. If the main building materials, building components and equipment provided by the employer do not meet the mandatory standards or fail to perform the obligation of assistance, resulting in the contractor being unable to carry out the construction, and the contractor fails to perform the corresponding obligations within a reasonable period of time after being reminded, the contractor may terminate the contract. After the termination of the contract, if the quality of the completed construction project is qualified, the employer shall pay the corresponding project price in accordance with the agreement; If the quality of the completed construction project is not up to standard, it shall be dealt with with with reference to the provisions of Article 793 of the Potato Collapse Law.

The "affiliation" relationship is not protected by law. The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts (hereinafter referred to as the "Interpretation") defines affiliated operation as "the production and operation activities in which the affiliated party has not obtained the qualification of a construction enterprise or exceeds the qualification level, and borrows the name of a qualified construction enterprise to carry out construction." Article 4 of the Interpretation provides:

The act of an unqualified actual constructor signing a construction contract with another person in the name of a qualified construction enterprise is invalid. The people's court may, in accordance with the provisions of Article 134 of the General Principles of the Civil Law, confiscate the illegal gains already obtained by the parties". It can be seen that since affiliation is an act of circumventing the law and covering up illegal facts in a legal form, once discovered, it will bear the legal responsibility of invalidating the contract and confiscating the illegal gains.

Article 43 of the Supreme Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that if an individually-owned business, individual partnership or private enterprise is affiliated with a collective enterprise and engages in production and business activities in the name of the collective enterprise, the individually-owned business, individual partnership or private enterprise shall be a joint litigant with the collective enterprise to which it is affiliated.

Article 52 stipulates that where a business introduction letter, a special contract seal, a blank contract or a bank account number are borrowed, the lending unit and the borrower shall be joint litigants. So how should the sponsor and the affiliated party be held liable after they are listed as joint litigants, the author believes that the sponsor and the affiliated party bear joint and several liability. The Jiangsu Provincial High People's Court issued the "Minutes of Discussion on Several Issues in the Current Economic Trial Work", which clearly stipulates that a legal person without import and export rights shall be listed as a joint litigant and bear joint and several liability if the import and export business chapter of the legal person with import and export rights is used to sign a contract with a foreign party.

Therefore, it has been accepted in judicial practice that the sponsor and the affiliated party are jointly and severally liable to a third party. In addition, it should be noted that the affiliated party allows others to operate under the affiliation and engage in civil activities in its own name, which can easily mislead the counterparty into believing that it is trading with the affiliated entity. If the affiliated entity does not bear responsibility, it will cause the bona fide counterparty to suffer unreasonable losses.

My construction company is affiliated, and the project money has not been posted from the company, and now the wages of the workers are in arrears, and the company has no right to pay the wages of the workers.

The specific penalties for project affiliation are: if a construction enterprise transfers or lends a qualification certificate or otherwise allows others to contract a project in the name of the enterprise, it shall be ordered to make corrections, confiscate illegal gains, and impose a fine, and may be ordered to suspend business for rectification and reduce the level of capital or quality; where the circumstances are serious, the qualification certificate is revoked.

Article 26 of the Construction Law The unit contracting the construction project shall hold the qualification certificate obtained in accordance with the law and undertake the project within the scope of the business permitted by its qualification level. It is forbidden for construction enterprises to exceed the business scope permitted by the qualification level of the enterprise or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.

Article 1 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts (1) A construction contract shall be deemed invalid in accordance with the provisions of the first paragraph of Article 153 of the Civil Code in any of the following circumstances: (1) The contractor Huida has not obtained the qualification of a construction enterprise or has exceeded the qualification level; (2) The actual constructor without qualifications borrows the name of a qualified construction enterprise; (3) The construction project must be tendered but the bidding is not carried out or the winning bid is invalid. A construction contract signed by a contractor with another person due to subcontracting or illegal subcontracting of a construction project shall be found to be invalid in accordance with the provisions of paragraph 1 of Article 153 and paragraphs 2 and 3 of Article 791 of the Civil Code.