Those who do not have legal business qualifications shall be investigated for legal responsibility for the illegal and criminal acts of the employing unit according to law; If the laborer has already paid labor, the unit or its investor shall pay labor remuneration, economic compensation and compensation to the laborer in accordance with relevant regulations; If it causes damage to workers, it shall be liable for compensation. When receiving and purchasing invoices, units and individuals shall report the use of invoices in accordance with the provisions of the tax authorities, and the tax authorities shall conduct inspections in accordance with the provisions.
1. What is the qualification procedure?
1. The applicant applies to the Provincial Construction Department and submits relevant materials. Among them, the central management enterprises directly apply to the Ministry of Construction;
2, the provincial construction department of the enterprise to apply for the qualification of construction engineer application materials for preliminary examination;
3, the provincial construction department to apply for two and below qualifications (including regardless of grade qualification) and labor subcontracting qualification application materials for review; The qualifications related to transportation, water conservancy, communication, electronics, etc. shall be examined and approved by the Provincial Construction Department with the consent of the relevant departments at the same level;
4. If the license is granted, the qualification certificate shall be issued and delivered to the applicant within the legal time according to the submission time.
In the process of handling, the construction unit should always pay attention to the submission time and process progress, and modify and submit those that do not meet the specifications in time to ensure that the qualification certificate can be obtained without affecting the project development.
Second, what are the characteristics of labor subcontracting?
Labor subcontracting is a construction contract in nature, not a labor contract, nor a labor relationship contract between the employer and the contractor, nor a labor contract within the enterprise. Labor subcontracting is an annex to the construction contract of a building project, which is derived from the construction contract just like professional subcontracting and construction subcontracting.
1, the labor operation contracting enterprise shall have the qualification of labor subcontracting enterprise. In terms of enterprise assets and business premises, in terms of the titles and qualifications of key personnel of the enterprise, in terms of the certificates and quantity of management personnel on the construction site, and in terms of the number of skilled workers, it is reflected in the qualifications of subcontracting. The Qualification Standard of Construction Enterprises clearly stipulates the qualification standard of labor subcontracting enterprises.
2. The content of labor subcontracting should be the labor part of the whole project. General labor subcontracting includes carpentry, masonry, plastering, painting, reinforcement, concrete, scaffolding, formwork, welding, water heating and electricity, sheet metal, stringing, stone making, etc. 13 operations, and each operation should have corresponding qualification standards and work scope provisions.
3, labor subcontracting is generally only the contractor. Mechanical equipment, robots, etc. It should be provided by a human operator. Generally, the daily wage unit price is multiplied by the total duration days to calculate the labor cost.
Legal basis:
Measures of People's Republic of China (PRC) Municipality on Invoice Management
Fifteenth units and individuals that need to receive and purchase invoices shall go through the formalities of receiving and purchasing invoices with the tax registration certificate, the identity certificate of the agent and the stamp of the special seal for invoices printed according to the style specified by the competent tax department of the State Council. The competent tax authorities shall, according to the business scope and scale of purchasing units and individuals, confirm the types, quantities and methods of purchasing invoices, and issue invoice purchasing books within 5 working days. When receiving and purchasing invoices, units and individuals shall report the use of invoices in accordance with the provisions of the tax authorities, and the tax authorities shall conduct inspections in accordance with the provisions.