Matters needing attention in contract management First of all, be familiar with the provisions of the national labor law. Employees who are familiar with the labor law can easily see the loopholes in the company's contract signing, and it is easier to safeguard their rights and interests.
National regulations:
The probation period shall not exceed 2 months if signing the 1 year contract;
Sign a three-year contract with a probation period of no more than three months;
Some enterprises sign a contract of 1 year, but the probation period is also 3 months, which is obviously illegal.
The salary during the probation period and the salary after becoming a full member should be clearly stated in the contract. Generally speaking, the salary during the probation period is 80% of the full-time salary, and the salary of employees during the probation period shall not be determined according to the company's wishes.
It is illegal for some companies to write everyone's salary as the basic salary (that is, the minimum standard in the city) in order to avoid taxes. In the event of a contract dispute, the odds are calculated according to the basic salary stated in the contract, which is not conducive to protecting employees' own interests.
The contract should specify when to pay wages every month, and the enterprise can't pay wages to employees in arrears or delay.
The purchase ratio of five insurances and one gold, how much is deducted every month;
Some contracts are obscure and will not be written directly. The standard of buying is to buy according to the minimum standard.
It is necessary to consult the company in advance to avoid the employees who have problems in purchasing in the later period from suffering.
Working time regulations:
For example, what time do you go to work in the morning-what time do you get off work at noon;
Afternoon working hours-afternoon rest time.
The working hours stipulated by general enterprises are all 8 hours.
Overtime benefits: how to calculate overtime pay, whether there is car compensation, meal compensation, etc.
Some contracts do not specify the specific payment amount, which is generally implemented according to the company's rules and regulations. For example, overtime on weekends is paid, and overtime at night is counted as meal supplement and car supplement, or the accumulated overtime at night can be adjusted.
Provisions of the Labor Law on Annual Leave:
Work experience 10 years or less, annual leave of 5 days;
/kloc-more than 0/0 years working experience: annual leave 15 days.
General enterprises will follow this practice, and a few enterprises will ignore the labor law and calculate the annual leave according to the number of years employees have worked in our company, which is completely illegal.
Marriage leave regulations: how many days should be added for normal marriage leave and late marriage leave;
Maternity leave regulations: how many days will normal maternity leave and late maternity leave increase respectively;
Sick leave regulations: how to deduct wages when taking sick leave;
Women's rights and interests: 3.8 How long is Women's Day, and what are the regulations for monthly holidays (big companies will take a special day off).
Matters needing attention in due diligence of contract management
Review the original documents such as identity documents, business licenses, qualification certificates and power of attorney. Trading partner's. When necessary, the issuing authority can inquire about the authenticity and legality of the certificate, pay attention to whether the behavior of the authorized agent is within its authorized scope, and evaluate the appropriateness of the subject qualification on the basis of fully collecting relevant evidence.
Obtain financial and non-financial information such as the audited financial report and previous transaction records of the counterparty, analyze its profitability, solvency and business ability, evaluate its financial risk and credit status, continuously pay attention to its credit changes during the performance of the contract, and establish and update the commercial credit files of the counterparty in time.
On-the-spot investigation of the transaction object, understanding and comprehensive evaluation of its production capacity, technical level, product category and quality, and analysis of its performance ability.
Communicate with the main suppliers, customers, deposit banks, competent tax authorities and industrial and commercial administrative departments of the transaction object to understand their production and operation, business reputation and performance ability.
contract negotiation
Collect the information of negotiating opponents, be fully familiar with the situation of negotiating opponents, and know yourself and yourself; Study the relevant national laws and regulations, industry supervision, industrial policies, prices of similar products or services and other information related to the negotiation content, and correctly formulate the negotiation strategy of this enterprise.
Pay attention to the core content, terms and key details of the contract, including the quantity, quality or technical standards of the contract subject matter, the determination and payment method of the contract price, the time limit and method of performance, the liability for breach of contract and the dispute settlement method, and the conditions for contract modification or dissolution.
For contracts with great impact, involving high professional skills or complicated legal relations, organize professionals such as law, technology and accounting to participate in the negotiation, give full play to the team wisdom, sum up the gains and losses in the negotiation process in time, and study and determine the next negotiation strategy.
When necessary, external experts can be hired to participate in relevant work and fully understand the professional qualifications, abilities and professional ethics of external experts.
Strengthen confidentiality and strictly implement the accountability system.
The negotiation process shall be recorded and signed by the representatives of all parties.
Contract drafting
Enterprises engaged in economic activities abroad shall conclude a written contract.
Strictly review the relationship between contract requirements and national laws and regulations, industrial policies and overall strategic objectives of enterprises to ensure their coordination; Check whether the contract is based on the production and operation plan and project proposal. , to ensure the completion of specific business objectives.
The contract text is generally drafted by the business undertaking department and reviewed by the legal department; Major contracts or special contracts with complicated legal relations shall be drafted by the Legal Department. If the country or industry has a model contract text, it can be given priority, but the clauses involving the relationship between rights and obligations should be carefully reviewed and appropriately revised according to the actual situation. All departments should perform their respective duties to ensure the completeness and accuracy of the contents and terms of the contract.
Through the unified centralized management and authorization examination and approval system, the contract management is strictly implemented to prevent the intentional evasion of bidding and ultra vires behavior.
The enterprise shall carefully examine the contract drafted by the other party to ensure that the contents of the contract accurately reflect the requirements of the enterprise and the consensus reached by the negotiation, and pay special attention to it? Other agreed matters? Columns that need to be supplemented, if there are no other agreed items? This is blank? Or? No other agreement? To prevent subsequent tampering with the contract.
If the text of the contract must be submitted to the relevant competent department of the state for examination or filing, the corresponding procedures shall be performed.
Contract review
Auditors should focus on the legality, rationality, feasibility and rigor of the contract text, whether the subject, content and form of the contract are legal, whether the contract content conforms to the economic interests of the enterprise, whether the other party has the ability to perform, and whether the rights and obligations, liability for breach of contract and dispute settlement clauses of the contract are clear.
Establish a joint hearing system, organize accounting departments, internal audit departments, legal departments and relevant departments of business associations to review contract texts with significant influence or complicated legal relationship, and relevant internal departments should earnestly perform their duties.
Treat the audit opinions with caution, carefully analyze and study them, treat them with caution, accurately record the audit opinions, and revise the contract terms and conditions when necessary and submit them for review again.
Contract signing
Sign a contract with the other party according to the prescribed authority and procedures. A formally signed contract shall be signed or sealed by the legal representative of the enterprise or its authorized agent. Where a contract is authorized, a power of attorney shall be attached.
Strictly abide by the custody system of the special seal for contracts. After the contract number is signed by the legal representative of the enterprise or its authorized agent, the special seal for the contract can be affixed. After printing, the custodian should take it back immediately and keep it properly as required to prevent others from abusing it. The custodian shall record the use of the special seal for the contract for future reference. If the special seal for the contract is lost or stolen, it should be reported to the person in charge of the company immediately, and appropriate measures such as reporting the case to the public security organ and declaring it invalid in the newspaper should be taken to eliminate the possible negative impact to the maximum extent.
Take appropriate measures to prevent the signed contract from being tampered with, such as affixing a riding seal between contract page numbers, using anti-counterfeiting labels, and using non-editable electronic document formats.
In accordance with the provisions of relevant national laws and administrative regulations, enterprises should go through relevant formalities in time after the examination and approval and registration procedures take effect.
Contract performance
Strengthen the inspection, analysis and acceptance of the performance and effect of the contract, fully and correctly fulfill the enterprise obligations, urge the other party to actively perform the contract, and ensure the comprehensive and effective performance of the contract.
Effectively supervise the performance of the other party to the contract. Once the possibility or behavior of breach of contract is found, the risk warning should be given in time and corresponding measures should be taken immediately to minimize the contract losses.
Timely supplement, change or even terminate the contract as needed. First, for the contents that are not agreed or clearly agreed in the contract, the original contract shall be supplemented by both parties through consultation; If a supplementary agreement cannot be reached, it shall be determined in accordance with relevant national laws and regulations, relevant provisions of the contract or trading habits; Second, contracts that are obviously unfair, with incorrect terms or fraudulent acts, and contracts that have caused or may cause damage to the interests of enterprises due to objective factors such as policy adjustment and market changes, should be reported in a timely manner according to the prescribed procedures, and the parties concerned should handle the contract modification or dissolution according to the prescribed authority and procedures after consultation; Third, if the other party proposes to suspend, transfer or terminate the contract, which causes economic losses to the enterprise, it shall promptly file a written claim with the other party.
Contract settlement
After reviewing the terms of the contract, the accounting department handles the settlement business, pays according to the contract, and promptly collects overdue accounts.
The accounting department has the right to refuse to pay if it fails to perform the contract or sign a written contract according to the terms of the contract, and report to the relevant person in charge of the enterprise in time.
Contract registration
Contract management departments should strengthen contract registration management, make full use of information technology, regularly make statistics, classification and filing of contracts, register the conclusion, performance, modification and termination of contracts in detail, handle cancellation and filing procedures in time at the end of contracts, and implement closed management of the whole process of contracts.
Establish a unified contract text classification and continuous numbering system to prevent or detect the loss of contract text as early as possible.
Strengthen the security and confidentiality of contract information. Without approval, no one may disclose in any form the state secrets or business secrets involved in the conclusion and performance of the contract.
Standardize the responsibilities of contract managers, and clarify the responsibilities, authorities and approval procedures for contract transfer, borrowing and return.
Dispute management
Strengthen the management of contract disputes. In case of any dispute during the performance of the contract, it shall be negotiated with the other party within the prescribed time limit and reported in time according to the relevant national laws and regulations and the prescribed authority and procedures. If a contract dispute is settled through consultation, both parties shall sign a written agreement; If the contract dispute cannot be settled through consultation, arbitration or litigation shall be chosen according to the contract. If an enterprise authorizes internal handling of contract disputes, it shall sign a power of attorney. In the process of dispute resolution, without authorization and approval, the relevant handling personnel shall not make substantive replies or commitments to the other party.
Matters needing attention in contract management 1, try to adopt the general contracting responsibility system.
For large-scale projects, we should strive to adopt the responsibility system of construction general contracting. This is because if the project is managed according to infinite decomposition and parallel subcontracting, it will bring great trouble to the owner. On the surface, it seems that the project investment is saved, but in fact, due to too many working interfaces, the problems that the owner needs to coordinate increase geometrically. Usually, some things are ignored, while others are rushed to do. In the process of construction, owners often find problems that were not thought of at the beginning of the plan, which will often affect the progress of the project, leading to construction rework or an increase in engineering quantity.
2. Adopt unit price contract.
For the construction of large-scale venues, our design work is often lagging behind, and for such construction projects without complete construction drawings before signing the contract, it is not feasible to transfer the engineering quantity to the construction unit without fixed risks by general contracting. The construction unit either overestimated the risk and took the risk factors into account; Or take advanced measures to bargain again and safeguard their own interests. Finally, in turn, it hurts the interests of the owners. For unit price contract, it is the unit price of fixed projects, the actual measurement of the number of completed projects, and the settlement of the amount approved by the supervisor with the construction unit. For unit price contract, the control of engineering quantity actually depends on the construction drawing design and engineering change of the design unit. If we control the design well, we can completely control the final settlement of the construction.
3, the use of engineering guarantee
In foreign engineering construction, we attach great importance to the role of engineering guarantee. The letter of guarantee is a guarantee document issued by the bank and provided by the construction unit. Generally, when prepaying the project funds, the construction unit must provide a letter of guarantee consistent with the prepaid amount. With the development of the project construction, the settlement of engineering quantity gradually replaces the role of the letter of guarantee. Because the owner takes great risks when making advance payment, if the construction unit fails to fulfill the commitments in the tender, the owner will lose control over the project without strong economic sanctions. Using the letter of guarantee can force the construction contractor to do it according to the contract, otherwise the owner will propose the means of withdrawing the deposit from the bank, which will cause the construction contractor to suffer huge losses.
4, pay attention to the construction claim
In engineering construction, the contradiction between the owner and the construction unit is common, and the owner generally occupies an innate favorable position. However, if the management ability of the construction unit is very strong, the construction unit will often file a claim for compensation for reasons unrelated to the construction unit, such as the owner's reasons and design reasons. The appearance of claim is the performance of project management progress, and the construction unit cannot claim successfully without a high management level. This requires the management level of our owners and supervision units to be high, so as to keep a clear head in the face of claims and be favorable, rational and restrained.