Is there an affiliation between the labor subcontractors who carry out the construction in the name

Summary. If the migrant worker sues you, the affiliated unit and the affiliated unit will be jointly and severally liable. If you choose workers' compensation, the traffic accident compensation will be exercised by the employer, and if you choose the traffic accident compensation, the employer will not be responsible, I suggest that in this case you had better choose the work-related injury, because the perpetrator of the traffic accident may not have the ability to compensate.

Article 11 of China's Interpretation of Several Issues Concerning Personal Injury stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

Hello, I am the lawyer who consulted.

If the migrant worker sues you, the affiliated unit and the affiliated unit will be jointly and severally liable. If you choose work-related injury compensation, the traffic accident compensation will be exercised by the employer, and if you choose traffic accident compensation, you will not be responsible for the position, I suggest that in this case you had better choose work-related injury, because the perpetrator of the traffic accident may not have the ability to compensate. Article 11 of China's "Interpretation of the Most Legal Concerning Several Issues Concerning Personal Injury" stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

The labor service company doesn't care about anything now, only saying that our unit has not paid, and the amount of work done by the labor company is not worth so much money at all.

If in doubt, labor arbitration can be directed.

There is no labor arbitration in the location of our project, only to sue the labor company in court, so will the labor company compensate for liquidated damages?

Yes. Because he is affiliated with a labor company, will the labor company also bear it?

Yes, but it depends.

Lawyer analysis

Project affiliation is an illegal act expressly prohibited by China's laws and administrative regulations, and the legal liability of project affiliation is manifested in civil liability, administrative liability and criminal liability.

1. Civil liability:

1. In the case of a contract signed by a construction enterprise with an affiliated business relationship in its own name or in the name of the affiliated unit, the affiliated operator and the affiliated unit shall generally be the joint litigants to sue or respond to the lawsuit.

2. The affiliation agreement entered into between the parties is invalid, and both parties shall bear the responsibility for fault;

3. According to the provisions of the Construction Law and relevant judicial interpretations, the construction contract signed between the affiliated construction enterprise and the construction unit is invalid.

The construction unit and the unit or individual that contracted the project in its name shall be jointly and severally liable for the losses suffered by the construction unit.

If the construction unit still signs a contract with the affiliated construction enterprise without knowing it, the construction unit is also at fault and shall bear the corresponding fault liability.

2. In terms of administrative responsibility:

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 qualification level;

and where the circumstances are serious, the certificate of completion of the certificate shall be revoked.

3. Criminal Liability:

In the process of construction, the criminal cases caused by affiliation mainly involve the crimes of major liability accidents, major engineering safety accidents, and major labor safety accidents.

Legal basis

Article 26 of the Construction Law of the People's Republic of China.

It is forbidden for the construction unit to exceed the business scope permitted by the qualification level of the enterprise or to contract the project 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 66 of the Construction Law of the People's Republic of China.

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 qualification level;

where the circumstances are serious, the qualification certificate is revoked. For the losses caused by the contracted project not meeting the specified quality standards, the construction enterprise and the unit or individual using the name of the enterprise shall be jointly and severally liable for compensation.

Legal Analysis: The construction unit can subcontract labor services to individuals. The general contractor of the construction project may contract part of the contracted project to a subcontractor with corresponding qualifications; However, except for the subcontract agreed in the general contract, it must be approved by the construction unit.

Legal basis: Construction Law of the People's Republic of China Article 29 If the construction of the general contractor is a contractor, the construction of the main structure of the construction project must be completed by the general contractor. The general contractor of the construction project shall be responsible for the construction unit in accordance with the provisions of the general contracting contract; The subcontractor shall be responsible to the general contractor in accordance with the provisions of the subcontract.

The general contractor and the subcontractor shall be jointly and severally liable to the construction unit for the subcontracted project. The general contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted.

Summary. Hello, glad to be able to your question. Regarding your question, I think it is possible to comprehensively determine whether it is affiliated in combination with the following circumstances:

1) The sponsor usually participates in the bidding and signs the construction contract with the employer in the name of the sponsor, and there is no property right connection, no labor relationship, and no financial management relationship between the sponsor and the sponsor;

2) One or more of the project leaders, technical leaders, quality management leaders, and safety management leaders stationed at the construction site by the affiliated party have not signed a labor contract with the affiliated person, or have not established a labor wage or social pension insurance relationship;

3) The business mode of the sponsor to contract the project is self-funded, self-organized construction, independent operation, and self-financing. The affiliated party only collects management fees (including lending accounts for the purpose of ensuring the collection of management fees), does not participate in the construction and management of the project, and does not bear the technical, quality and economic responsibilities of the project;

How to determine the contractor's participation in the management of the subcontracted project.

Hello, glad to be able to your question. Regarding your question, I think it is possible to comprehensively determine whether it is affiliated in combination with the following circumstances: (1) the sponsor usually participates in the bidding and signs a construction contract with the employer in the name of the affiliated party, and there is no property right connection between the affiliated party and the affiliated party, there is no labor relationship, and there is no financial management relationship in the sense of being prepared and in difficulty; 2) One or more of the project leaders, technical leaders, quality management leaders, and safety management leaders stationed at the construction site by the affiliated party have not signed a labor contract with the affiliated person, or have not established a labor wage or social pension insurance relationship; 3) The business mode of the sponsor to contract the project is self-funded, self-organized construction, independent operation, and self-financing.

The affiliated party only collects management fees (including the filial piety of the loan for the purpose of ensuring the collection of management fees), does not participate in the construction and management of the project, and does not bear the technical, quality and economic responsibilities of the project;

4) There is no substantial relationship between the affiliated party and the employer for the receipt and payment of the project hail payment, and the payment of the project money is made in the name of "entrusted payment", "payment on behalf of the employer", etc., or it is only a posting and transfer relationship; (5) The construction contract stipulates that the affiliated party shall be responsible for the procurement of major building materials, structural parts and engineering equipment or the leasing of construction machinery and equipment, but in fact it is not purchased or leased by the affiliated party Ting Honghu, or the affiliated party cannot provide relevant procurement and lease contracts and invoices.

Hope it helps. Thank you.

Legal analysis: The ability of the affiliated party to bear the responsibility is stronger than that of the affiliated party, and on the surface of the affiliated construction, there are only three parties, but in specific cases, the legal relationship and interest relationship between the three parties should be straightened out in accordance with the law. That is, there is an agreement on the responsibility between them, and if there is no agreement, it is in accordance with the principle that whoever is at fault is responsible.

Legal basis: "Regulations on the Quality Management of Construction Projects" Article 2 The term "construction project" in these regulations refers to civil engineering, construction engineering, line pipeline and equipment installation engineering and decoration engineering.