How are the rules and regulations for labor companies established?

Legal Analysis: Generally speaking, employers must establish labor relations and sign labor contracts with employees in perennial positions. For one-time or temporary non-annual work, or labor services that can be contracted, the employer may use labor personnel and sign a labor contract with them.

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

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of Li Li's employees for future reference.

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Dear, I am glad to answer for you: the rules and regulations of construction labor companies? A:

1. After the general contractor of the subcontracted project has contracted the project, it can complete the contract in two ways: one is to complete all the projects by itself, and the other is to subcontract part of the project to other contractors for completion. If the latter method is adopted, it can only be subcontracted part of the project according to law, and it is non-main and non-critical work; If it is a general construction contractor, the construction of its main structure must be completed by the general contractor itself.

2. The conditions and approval of the subcontractor are delayed in the provisions of the Construction Law, and the general contractor of the construction project may contract part of the contracted project to the subcontractor with corresponding qualifications; However, except for the subcontract agreed in the general contract, it must be approved by the construction unit. It should be noted that the subcontracted project must be approved by the construction unit, which does not mean that the construction unit can directly appoint a subcontractor. For the subcontractor recommended by the construction unit, the general contractor has the right to make a choice to refuse or adopt.

3. The subcontractor shall not subcontract any more In accordance with the provisions of the "Measures for the Administration of Subcontracting in the Construction of Housing Construction and Municipal Infrastructure Projects", except for the professional contracting enterprises that may contract the labor operations in their contracted projects to the labor subcontracting enterprises, the contractors of the subcontracted projects and the labor operation contractors must complete the contracted tasks on their own. 4. Definition of subcontracting and illegal subcontracting According to the provisions of China's law, subcontracting is completely prohibited, while project subcontracting is allowed, but it must be carried out in accordance with the law. Illegal subcontracting is also prohibited by law.

Legal Analysis: Generally speaking, employers must establish labor relations and sign labor contracts with employees who have worked in perennial positions. For one-time or temporary non-annual work, or labor services that can be contracted, the employer may use labor personnel and sign a labor service contract with them.

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

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Rules and regulations of construction labor service companies: internal management rules and regulations of labor service companies. In order to make employees understand the company's profile, work requirements, rewards and punishments and other regulations, and to conscientiously implement them in their work, so as to maintain the normal order of production and operation, work and life, and protect the legitimate rights and interests of employees, this system is specially formulated.

Legal basis: Regulations of the People's Republic of China on Information Disclosure

Article 7: The people at all levels shall actively promote efforts to disclose information and suspicions, and gradually increase the content of information disclosure.

Article 8: The people at all levels shall strengthen the standardization, standardization, and informatization management of information resources, strengthen the establishment of the Internet's information disclosure platform, promote the integration of the information disclosure platform and the government service platform, and increase the level of information disclosure.

1. Labor service enterprises must establish and improve the training system, and the labor operators engaged in construction projects must hold the corresponding professional qualification certificates, and register with the construction administrative department where the project is located, and it is strictly forbidden to work without a license.

2. The project department of the general contracting enterprise and the professional contracting enterprise shall establish a construction labor employment file with the labor team as the unit, collect the labor contract, attendance sheet, contract workload completion registration form, wage payment table, team wage settlement certificate and other information on a monthly basis, and report the situation of the enterprise's own construction labor services and the labor subcontracting enterprises used by the enterprise to the construction administrative department where the project is located on a monthly basis.

3. Labor service enterprises must use their own labor workers to complete the labor services they undertake, and shall not subcontract or subcontract labor operations to individual labor teams or "contract foremen" who are not qualified, have no own teams, and have no construction operation capabilities. The wages due to the personnel with labor operations shall be calculated on a monthly basis, and the wages shall be paid according to the date agreed in the labor contract, and the wages of the workers shall not be arbitrarily deducted or in arrears of wages without reason on the grounds of arrears of project payments, settlement disputes, and construction advances.

The establishment of a labor service company requires certain conditions, such as capital, business premises, etc. If the conditions are not met, the industrial and commercial management and Qingye management department will not be able to do the right thing to approve the establishment of the company. In addition, labor companies should also comply with the Labor Law when operating, and provide social security contributions, vacations, and employee benefits for their workers.

1. How to prevent disputes over project labor subcontracting.

1. Do legal subcontracting and standardize operation.

1) When the person in charge of the project department authorizes the signing of the labor subcontract, he or she shall strictly review the industrial and commercial registration, registered capital, business scope, and qualification of the labor subcontractor of the enterprise, so as to avoid signing invalid labor subcontracting contracts and unnecessary labor subcontracting disputes.

2) A labor contract must be signed.

3) Establish a qualified list of labor subcontractors. Conduct regular assessment and evaluation of labor subcontracting units, and at the same time strengthen the supervision and management of labor subcontracting units.

2. Make labor subcontracting legal and standardized.

1) Dispatch through a labor company.

2) Sign labor contracts directly with migrant workers.

3. It is forbidden to use natural persons (contract foremen) and unqualified labor teams.

Legal Analysis: If an employer does not conclude a written labor contract with an employee within one year from the date of employment, it is deemed to have concluded an indefinite labor contract, and if the labor contract is not signed, the employee can claim double wages for up to 11 months. If the employer terminates the labor contract in violation of the law, the employee may file a complaint with the labor bureau or apply for labor arbitration at the labor arbitration commission where the employer is located, and request the employer to pay compensation.

If necessary, they can apply for legal aid from the local trade union or the judicial bureau.

Legal basis: Paragraph 3 of Article 14 of the Labor Contract Law of the People's Republic of China If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.