Is it legal to expand labor subcontracting, and can labor subcontracting be legal

Subcontracting is legal if it complies with the law. The following points should be paid attention to in the signing and performance of labor subcontracts: 1. The other party to the labor contract, that is, the subcontractor, must have corresponding qualifications, and the law stipulates 13 types of labor operation enterprise qualifications.

Contracts with individuals or companies without the corresponding qualifications are null and void. 2. It is necessary to distinguish the difference between labor contracts and professional subcontracts. 3. The rights and obligations of both parties must be clarified in the contract, especially the rights and obligations of safe production, and it can be stipulated in the contract that the labor subcontractor shall be responsible for the production safety of its construction team, that is, the content of labor management shall be added to the contract.

4. If the labor contractor wants to contract materials and machinery and equipment by himself, he must sign a material entrustment procurement contract and a machinery and equipment leasing contract with the labor subcontractor in the name of the general contractor, and the name of the invoice should also be named by the general contractor, and the payment is best from the bank transfer, the bill is archived, and then deducted from the labor fee of the labor subcontractor. 5. In the performance of the contract, the wages of the migrant workers of the construction team of the labor subcontractor shall be directly sent to the hands of the migrant workers, and the specific method shall be as follows: the labor subcontractor shall provide the general contractor with the roster of workers and attach the identity certificate.

The monthly salary is paid directly by the general contractor, signed by the workers, and confirmed by the labor subcontractor.

According to the national legal document (Jianshi Document No. 86), it is found that the expansion of labor contracting is an illegal act, and the document clearly requires investigation and punishment (the main construction materials used by the subcontractor during the construction of the main body are purchased by the subcontractor, or the main equipment is leased by the subcontractor).

The normal proportion is about 0-35%, because the labor cost is getting more and more expensive, and the proportion may be larger, but it is impossible to exceed 70 or 80 percent, because the project must be built with materials, not by people.

Illegal. Subcontracting is clearly stipulated in the law, and labor subcontracting is a common practice in the construction industry, which is allowed by law within a certain range. However, it is forbidden to expand the scope of labor subcontracting without authorization, and the construction of the main structure of the construction project must be completed by the general contractor itself.

Expanding labor subcontracting refers to expanding the scope of labor contracting on the basis of simple labor subcontracting, not only subcontracting labor construction, but also contracting some materials and equipment.

The normal proportion of expanding labor subcontracting is about 0-35%, because the proportion of labor costs that are becoming more and more expensive may be larger, but it is impossible to exceed 70 or 80 percent, because the project must be built with materials, not by employing people. According to the national legal documents, it is determined that the expansion of labor contract is an illegal act.

1. Illegal subcontracting refers to the following acts:

1. The general contractor subcontracts the construction project to a unit that does not have the corresponding qualifications;

2. There is no agreement in the general contracting contract of the construction project, and without the approval of the construction unit, the contractor hands over part of the construction project contracted by it to other units for completion;

3. The general contractor subcontracts the construction of the main structure of the construction project to other units;

4. The subcontractor subcontracts the construction project contracted by the subcontractor.

According to the above content, it can be seen that the expansion of labor subcontracting is illegal subcontracting, and the common phenomenon of expanding labor subcontracting is the subcontracting of the main project, I hope these will be helpful to you.

Legal basis: Opinions of the Ministry of Housing and Urban-Rural Development on Further Strengthening the Supervision of the Construction Market

Article 6. It is forbidden to illegally subcontract the project. The contractor shall carry out project subcontracting in strict accordance with the provisions of laws and regulations.

The contractor shall not subcontract the main project of the undertaking project, and the subcontractor shall not subcontract the subcontracted project. If the contractor has any of the following circumstances, it shall be regarded as illegal subcontracting, and the relevant departments shall investigate and deal with it in accordance with the law:

1.The contractor subcontracts the construction project to a unit or individual that does not have the corresponding qualifications;

2.Where there is no agreement in the contract and without the written approval of the construction unit, the contractor hands over part of the construction project contracted by the contractor to other units for completion;

3.The labor service enterprise divides the contracted labor service operations into acres and delays the contracting;

4.Other circumstances stipulated by laws and regulations.

If the architectural engineering design unit subcontracts all the design business of the construction profession to other units, the architectural, structural, and mechanical and electrical engineering design firm subcontracts the design business of the profession to other units, and the other professional engineering design units subcontract all the process design business to other units, the relevant departments shall investigate and deal with it in accordance with the law.

Labor subcontracting is legal. The construction unit may subcontract non-critical projects or projects suitable for construction by a professional team to units with corresponding qualifications, and shall be jointly and severally liable for the subcontracted projects. The scope of the project that is allowed to be subcontracted shall be specified in the bidding documents.

Therefore, labor subcontracting is legal.

[Legal basis].

Article 29 of the Construction Law.

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. In the case of general contracting, the construction of the main structure of the construction project must be completed by the general contractor itself.

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 for the general contractor of Songluo in accordance with the provisions of the sub-hole cherry blossom contract. 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.

Legal analysis: It refers to the expansion of subcontracting, and the amount of labor subcontract exceeds more than five times the registered capital of labor subcontracting.

The capital construction contract is a special form of contract, which has the following characteristics in addition to the general legal characteristics of the contract:

The subject matter of the contract is capital construction work, including construction, installation works and related exploration, design and other work. Capital construction mainly refers to the reproduction of fixed assets, including expanded reproduction and partial simple reproduction, such as the new construction, reconstruction or expansion of fixed assets such as industry, minerals, transportation, water conservancy, culture and education, public health, and housing.

In socialist countries, it is a planned contract. The law of planned and proportional development of the socialist national economy requires that capital construction must also be carried out in a planned manner. Therefore, Article 18 of the Economic Contract Law of the People's Republic of China stipulates:

The contract for a construction project must be signed and signed in accordance with the procedures prescribed by the State and the investment plan, plan and task book approved by the state."

Legal basis: Administrative Measures for Administrative Licensing of Labor Dispatch

Article 27 In any of the following circumstances, the administrative departments of human resources and social security and their staff shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Issuing a "Labor Dispatch Business License" to an applicant who does not meet the statutory requirements, or issuing a "Labor Dispatch Business License" beyond the statutory authority;

B) meet the statutory requirements of the applicant does not grant an administrative license or does not make a decision to approve an administrative license within the statutory time limit;

3) Dereliction of duty, twisting the law for personal gain, soliciting or accepting property from others, or seeking other benefits in the course of handling administrative permits or carrying out supervision and inspections;

4) Failure to perform oversight duties in accordance with law or ineffective supervision, causing serious consequences.

Where the licensing authority illegally implements administrative licensing, causing harm to the lawful rights and interests of the parties, the parties may demand compensation in accordance with law.

Article 28 Where any unit or individual illegally engages in labor dispatch business without permission, the administrative department of human resources and social security shall, in accordance with the provisions of Paragraph 1 of Article 92 of the Labor Contract Law of the People's Republic of China, order it to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 50,000 yuan may be imposed.

Article 29 Where a labor dispatch unit violates the provisions of the Labor Contract Law of the People's Republic of China on labor dispatch, the licensing authority shall order it to make corrections within a time limit; If they fail to make corrections within the time limit, they shall be fined not less than 5,000 yuan but not more than 10,000 yuan per person, and their "Labor Dispatch Business License" shall be revoked.