How to sign an employment contract between a real estate agency and an employee

The name of the project should distinguish whether it is a consulting business, an appraisal business, or a brokerage business. Together, the old and the absolute Zen are fulfilled with the deadline. The amount of the charge, the amount of dust, the payment method, the time.

Measures for the Administration of Real Estate Brokerage Article 16 Where a real estate brokerage institution accepts the entrustment to provide real estate information, on-the-spot inspection, contract drafting and other real estate brokerage services, it shall sign a written real estate brokerage service contract with the client. The real estate brokerage service contract shall contain the following contents: (A) the names (titles), domiciles of both parties to the real estate brokerage services and the real estate agents engaged in the business; (B) the real estate brokerage services of the project, content, requirements and completion standards; (3) Service fees and payment methods; (4) the rights and obligations of the parties to the contract; (5) Liability for breach of contract and dispute resolution.

The competent department of construction (real estate) or the real estate brokerage industry organization may formulate a model text of the real estate brokerage service contract for the parties to choose. Article 17 Where a real estate brokerage institution provides other services such as loans and real estate registration for macro auctions, it shall explain the service content and charging standards to the client, and sign a separate contract with the consent of the client.

Housing agents do not sign labor contracts, because what the parties and the housing agency company suggest is not a labor relationship, but some matters in an intermediary, so when signing the contract, it is also about the intermediary issue to reach an agreement, not to establish a labor relationship, of course, when signing the contract, we must pay attention to the choice of a formal intermediary company.

Clause. 1. Pay attention to the content of the contract.

At present, there is no unified contract text for housing intermediaries in Beijing, and most of them are printed by the intermediary companies themselves, and their terms are inevitably more favorable to the intermediary companies. Therefore, when signing a contract for buying and renting a house, consumers must clarify the content of the agreement. For example, what kind of information needs to be provided to rent a house, including the geographical scope of the house, the size of the usable area of the house, whether to pay the viewing fee and how much to pay for the house, etc.

If the customer thinks that the terms are not clear, he has the right to request amendments or additions. It is necessary to clarify the rights, responsibilities, and interests of both parties. If conditions permit, it is best to find a lawyer who is more familiar with this aspect for consultation or ** handling.

Clause. 2. Choose a formal intermediary.

Be sure to choose a company that registers with the Beijing Industrial and Commercial Bureau to obtain a business license and obtains the qualification of a housing intermediary from the Beijing Municipal Housing Management Department, and at the same time try to choose a large and reputable intermediary chain agency to avoid being deceived by black intermediaries.

1. How to prevent the trap of intermediary fees?

Recently, in the relevant practice investigation, it was found that there are some non-standard business behaviors in the second-hand housing intermediary service industry, the rights and obligations in the second-hand housing intermediary service contract are not equal, and the service items and charging standards are not clear and standardized. What is particularly prominent is that the intermediary service of second-hand housing sales is very tired. Relevant person reminds:

Beware of the trap of intermediary services for second-hand housing sales.

Prevent the trap of intermediary fees 1: Do not sign a second-hand housing intermediary service contract immediately when entering the intermediary service place for second-hand housing sales. After entering the door, the seller or buyer should first carefully read the standard terms of the second-hand housing sales intermediary service contract and think carefully, not rush to sign, and beware of falling into the trap of the contract overlord clause.

The usual trick used by some second-hand housing agents is that consumers hand over the form contract when they enter the door, and urge them to sign it if they can't see it clearly.

In our real life, the main body that often signs a labor contract is the employer. However, due to the complex employment environment now, Liang Xian will also involve labor contracts with some other institutions. Intermediaries are one of them.

What is the labor contract signed between the company and the intermediary, and what are the differences, the following will be answered for you. 1. What is the difference between the company and the intermediary signing a labor contract 1. According to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish a labor rubber slag relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. The employer has the obligation to sign a labor contract with the employee. 2. According to Article 82 of the Labor Contract Law of the People's Republic of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates this law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded. Therefore, the employee can file a labor arbitration with the labor arbitration commission and request the employer to pay double wages. 2. The labor contract signed with the company is a dispatch contract, and the labor contract signed with the intermediary is a dispatch contract, and the differences between the two are as follows:

1.The employment contract is signed directly between the employee and the employer.

Labor dispatch contract is signed between the worker and the dispatch company, and the dispatch company will then dispatch the worker to work for the actual employer. 2.The period for which it is signed is different:

The term of the employment contract is generally long, and a probationary period needs to be established as required. Labor dispatch should not be too long, and it is generally required that the labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years 3Work out the distribution is different:

Labor contracts are generally paid directly by the company on a monthly basis. Labor dispatch usually means that the employer pays the salary to the dispatching unit, and then the dispatching unit pays the employee; 4.The positions engaged in are different, and the labor contract can be engaged in the positions of all employers; Dispatch contracts are usually for ancillary positions; Due to the different subjects signed by this type of labor contract, the relevant labor nature is also different.

The contract signed by the company as the main unit is more valuable and clear. The intermediary company belongs to a type of dispatch agency, and the signed contract is also a subsidiary labor position.

Summary. 1. Look at the title.

The title of the contract for intermediary services is usually "Intermediary Contract for Housing Sale", or "Intermediary Contract" or "Intermediary Agreement", which must have the word "intermediary".

2. Look at the form.

Look at whether there are these in the form of the contract: the name or name and address of the three parties (seller, buyer, intermediary), price, performance period, place and method of performance, commission standard, amount, collection method, refund, etc. Failure to do any of these will be deemed unfulfillable and invalid.

3. Look at the terms.

First of all, it is necessary to understand the taxes, transaction habits and related procedures stipulated by the state before signing the contract, and then pay attention to check whether the contract terms deliberately circumvent or tamper with these contents, and finally pay attention to write the breach of contract treatment into the contract.

4. Look at the signature.

The intermediary contract needs to be signed by three parties (seller, buyer, and intermediary), and the intermediary party needs to be stamped with the company's seal and signed by the legal representative or the legal representative's authorized person in writing. It is also recognized if it is stamped by the intermediary company and signed by the salesman. In addition, it should be noted that in the actual transaction, the receipt given by the intermediary company to the buyer is often not the original of the intermediary contract, but a copy or a copy in triplicate.

How does the boss of the intermediary company sign a labor contract with the salesman.

1. Look at the title of the contract for intermediary services: "Housing Sales Intermediary Contract", or "Intermediary Contract", "Intermediary Agreement", there must be the word "intermediary". 2. Look at the form to see if there are these in the form of the contract:

The name or address of the three parties (seller, buyer, intermediary), price, performance period, place and method of performance, commission standard, amount, collection method, refund, etc. Failure to do any of these will be deemed unfulfillable and invalid. 3. Look at the terms First of all, you must understand the taxes, transaction habits and related procedures stipulated by the state before signing the contract, and then pay attention to check whether the terms of the contract are intended to avoid or tamper with these contents, and finally pay attention to write the breach of contract treatment into the contract.

4. Look at the signature: The "intermediary contract" needs to be signed by three parties (seller, buyer, and intermediary), and the intermediary party needs to be stamped with the company's seal and signed by the legal representative or the legal representative's authorized person in writing. It is also recognized if it is stamped by the intermediary company and signed by the salesman. In addition, it should be noted that in the actual transaction, the receipt given by the intermediary company to the buyer is often not the original of the intermediary contract, but a copy or a copy in triplicate.

At this time, the buyer must ask the seller and the intermediary company to re-sign on the signature column of the copy or copy, and the intermediary party will stamp a red seal, so that the leakage can have the same legal effect as the original. Return beam.

To sign a contract with an intermediary company, it is necessary to specify the basic information of the client and the information of the intermediary's institution; intermediary services**, payment methods, delivery times and delivery methods; the name, content, requirements and standards of the intermediary service project; liability for breach of contract; Dispute Resolution.

1. The responsibilities of intermediaries in housing leasing.

1.If the employee of the intermediary company causes losses to the lessee due to the fault of the staff of the intermediary agency, the lessee can ask the intermediary company to bear the responsibility. As an employer, an intermediary cannot excuse an employee's personal liability, and the intermediary cannot pass the buck by claiming that the employee has been dismissed.

2.Losses caused to the lessee due to the fault of the intermediary. If the intermediary provides false information intentionally and commits an illegal act, causing economic losses to the lessee, then the intermediary shall bear civil or administrative liability, or even criminal liability.

The intermediary shall compensate for the losses caused to the lessee. If the intermediary commits fraud in the course of providing services, the lessee can demand double compensation from the intermediary.

3.Damages caused by incorrect information provided by the lessor. The intermediary guarantees that it has verified the housing information provided for the tenant in advance and meets the special requirements of the tenant, but because the information provided by the lessor is incorrect or fraudulent, the intermediary shall bear the loss and compensate the tenant in advance.

2. What should be paid attention to when signing an intermediary contract?

An intermediary contract is a contract signed by a buyer who entrusts an intermediary to make a house purchase introduction. The precautions for signing are:

1. Although the intermediary service will be written in the contract, the buyer needs to have a general understanding when signing the contract, so as not to be deceived by bad intermediaries;

2. In the intermediary contract, it is necessary to clarify the intermediary's liability for breach of contract, because most of the liability for breach of contract in the intermediary contract is borne by the buyer and the seller, and the binding force on the intermediary will be small, which is easy to cause the intermediary to shirk responsibility;

3. The amount of intermediary fee and the payment method need to be specified in the contract;

4. In order to avoid intermediaries taking money and not doing things, buyers can ask for a specific period of time for buying a house when signing the contract;

5. The process of buying and selling real estate is complicated, in order to be able to terminate the transaction in time, both parties can agree on the termination clause in the contract.

Article 961 of the Civil Code.

An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.

Article 906 of the rent of 12.

The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.

Article 963.

Where the intermediary facilitates the conclusion of the contract, the client shall pay remuneration in accordance with the agreement.