Who has the 07 version of the model text of the construction labor subcontract?

Updated on society 2024-03-04
2 answers
  1. Anonymous users2024-02-06

    Although the labor subcontract is simpler than the construction contract, it has some peculiarities. It should be noted that, according to the content of the model "Subject or Benchmark of Labor Subcontract for Construction Projects" issued by the Ministry of Construction and the State Administration for Industry and Commerce in August 2003, combined with the specific contract of the construction contract signed between the contractor and the owner, the main contents of the labor subcontract are: (1) The qualification of the labor subcontractor.

    2) Labor subcontracting work objects and labor service contents. (3) The duration of the subcontracted work. (4) Quality standards.

    5) Contract documents and explanations. (6) Standard specifications. (7) General (sub) contract.

    The general subcontract shall be available for inspection by the labor subcontractor, except for the ** details of the contracted works. Labor subcontractors may obtain copies upon request. (8) Drawings, the project contractor shall provide drawings to the labor subcontractor in accordance with the contract.

    9) Project Manager. Both the project contractor and the labor subcontractor are required to appoint a project manager who is stationed at the site to perform the contract. (10) Obligations of the project contractor.

    11) Labor subcontractor obligations. (These two obligations are the focus of the contract.) 12) Safety construction and inspection.

    The safety responsibility agreed in this template is fault liability. (13) Safety protection. This refers to specific construction conditions, such as:

    The cost of protective measures and expenses taken for working in flammable and explosive areas and radiotoxic environments shall be borne by the project contractor, and the safety protection supplies shall be provided by the project contractor. (14) Accident handling. Stipulate the procedures for handling major events and the determination of responsibility.

    15) Insurance. It refers to the agreement between the two parties that the personnel, equipment, materials, etc. of the project contractor in the construction site shall be insured by the project contractor at its own expense. The labor subcontractor's personnel and self-brought equipment (small and auxiliary) are insured by themselves.

    16) Materials, equipment**, this clause reflects the main characteristics of the labor subcontract. The project contractor shall provide the project labor subcontractor according to the requirements of the drawings, and the subcontractor shall keep it properly. (17) Labor remuneration:

    There are three valuation methods: a. fixed remuneration for labor services; b. Agree on the hourly unit price of different project services, which shall be calculated according to the confirmed project quantity; c. Agree on the unit price of different work results, calculated according to the confirmed engineering quantity, and choose one of them when signing the contract. It is also possible to stipulate the conditions for fixed remuneration for services or unit price adjustments.

    18) Confirmation of working hours and work quantity: If the fixed labor remuneration is adopted, the working hours and work quantity are not calculated, and the unit price is calculated according to the working hours or work results, the project contractor shall confirm the working hours and work results of the labor subcontractor in a timely manner on a regular basis. (19) Intermediate payment of remuneration for labor services.

    20) Construction machinery and tools turnover materials**. (21) Construction changes. (22) Construction acceptance.

    23) Construction coordination. (24) The final payment of labor remuneration. (25) Liability for breach of contract.

  2. Anonymous users2024-02-05

    Legal analysis: The subcontracting of the project is a relevant act that the contractor will take when the relevant project progress cannot be completed within the agreed time limit, so the subcontract will be carried out after obtaining the consent of the employer, and the subcontract naturally needs to be written.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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