Contract How is a construction labor contract concluded and what are the main contents?

What is the main content of the labor contract?

Legal analysis: 1. The type of subject matter. The subject matter of the construction contract is the construction project.

The subject matter of the project labor contract is the labor service in the project, that is, only the labor force is provided. 2. Remuneration method. In the construction contract, the employer pays the project price for the stool, which includes labor wages.

However, the employer of the labor contract only pays labor wages. 3. Conditions of signing. The contractor of the construction contract must have certain construction qualifications, and if the hidden code of the work register needs to be subcontracted, it must be agreed by the owner.

However, the contractor of the labor contract generally does not need the construction qualification, and the labor subcontract does not require the consent of the owner. 4. How to finish. In the construction contract, the contractor must complete the project independently with its own labor, equipment, raw materials, management, etc.

In the labor contract contractor, the labor service is provided by the labor force.

Legal basis: Civil Code of the People's Republic of China

Article 469:Where the parties conclude a contract, it may be in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. 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 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

The content of the construction contract includes the scope of the project, the construction period, the commencement and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of quality warranty and the quality assurance period, and the mutual cooperation between the two parties. Article 788 of the Civil Code: A construction contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design, and construction contracts.

1. Scope of the project;

2. Construction period;

3. The commencement and completion time of the intermediate delivery project;

4. Project quality;

5. Project cost;

6. Delivery time of technical data;

7. Responsibility for materials and equipment;

8. Appropriation and settlement;

9. Completion acceptance;

10. Quality warranty scope and quality assurance period;

11. Mutual cooperation between the two parties.

According to Article 200 and 75 of the Contract Law, the content of the construction contract includes the scope of the project, the construction period, the commencement and completion time of the intermediate delivery project, the quality of the project, the project cost, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of quality warranty and the quality assurance period, and the mutual cooperation between the two parties.

According to Article 788 of the Civil Code, a construction project contract is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design and construction contracts.

The construction site, the construction content, the remuneration for the labor, the duration of the labor service (fixed, temporary, short-term, long-term), the agreed remuneration and the time of the payment, and the negotiation terms of the disputed limbs.

There is a standard model for construction labor contracts. The main contents include the construction scope of the construction project, the auspiciousness of the world in the project; quality standards; Anhebo civilized construction standards; The contract price and the payer return to the cluster; the duties, rights, obligations, etc. of the parties; Insurance contents, etc.

As a kind of contract, a labor contract is a civil contract for services provided to the society in the form of labor, which is an agreement reached by the parties on a certain service and the results of the labor service reached by the parties in the case of equal agreement with Lu Sui. Labor contracts do not fall within the scope of the adjustment of the Labor Contract Law, so the signing of labor contracts is more free. As long as it complies with the provisions of the General Principles of the Civil Law, the Contract Law and other laws, it can be established in force.

1. Parties to the contract. The parties to the labor contract are the employer and the worker who provides the service.

2. Contract price. The price agreed in the labor contract is the remuneration paid by the employer to the employee.

3. Contractual rights and obligations. In this part, the employer and the employee can agree on the rights and obligations of both parties, as well as liquidated damages, etc.

The contents of the labor construction contract of the construction of the Sun Lun Construction Project are:

1. Basic information such as the name, gender, and contact method of the construction parties;

2. The name of the project, the scope of the project, the remuneration, the construction cost, the quality assurance period, the project quality, the project cost, the delivery time of technical data, etc.;

3. Miscellaneous.

[Legal basis].Article 795 of the Civil Code of the People's Republic of China.

The content of the construction contract generally includes the scope of the project, the construction period, the start and completion time of the intermediate delivery project, the quality of the project, the cost of the project, the delivery time of technical data, the responsibility of materials and equipment, the appropriation and settlement, the completion acceptance, the scope of quality warranty and the quality assurance period, mutual cooperation and other terms.

Legal analysis: 1. It should be noted that the counterparty of the labor contract must have labor operation qualifications, otherwise the contract will be invalid. 2. In order to ensure safe production, the rights and obligations of both parties must be clarified in the contract when signing the contract.

3. Labor subcontracting is legal, illegal subcontracting and project subcontracting are illegal, and it is necessary to distinguish between labor subcontracting and illegal subcontracting or project subcontracting.

Legal basis: Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III) If an employer has an employment dispute with a person hired by an employer who has already enjoyed pension insurance or received retirement pension in accordance with the law, and files a lawsuit with the people's court, the people's court shall handle it in accordance with the labor relationship.