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27
2024
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11
What are the forms of labor subcontracting in construction projects
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1. Bring your own labor contract.
Self provided labor contracting refers to formal employees within an enterprise who have passed the enterprise's training and assessment to become foremen. Labor personnel are generally recruited by foremen, and the accommodation, food, transportation, and other aspects of personnel are managed by the enterprise. Wages are supervised by the enterprise and paid by foremen or compiled by foremen to be directly paid by the enterprise.
2. Scattered labor contracting.
Scattered labor contracting refers to the temporary employment of workers by enterprises, often for a construction project.
3. Organized labor subcontracting.
Organized labor subcontracting refers to the contracting of labor operations from construction general contracting enterprises or specialized contracting enterprises in the form of enterprises, with sub projects, branches, or unit engineering sites.
In the first form, the company will sign a contract for the part of the project it undertakes, and entrust the specific construction to its own employees. The contractor will hire workers themselves, and in terms of form, the project will be constructed and managed by the contractor, and the remuneration of the workers will also be paid by the contractor. This seems to have formed a labor relationship between the contractor and the workers. However, the key issue is that the contractor is an employee of the company, who performs the contract in the name of the company and has legal relationships with others, so the contract belongs to an internal contract. Contracted management is a change in the internal management mode of the enterprise and does not result in a change in the subject of construction contract performance. The contractor's recruitment of workers should be regarded as the company's behavior, and there is a labor relationship between the recruited workers and the company, but no labor relationship with the contractor.
In the second form, the legal status of the contractor should not be equivalent to that of a subcontractor, but should be defined as a labor relationship or a labor relationship based on whether the labor operator has or does not have a wage, that is, the worker or labor status. The reason is that the contractor is only responsible for labor costs and generally engages in single job operations in the project. Their personal income is directly linked to construction efficiency, but they do not independently manage the construction of the project and do not assume lifelong responsibility for the quality of the project. They only assume "qualified" quality responsibility to the employer. The contractor shall not be held responsible for any injury accidents or quality and safety issues that occur during the construction period as temporary laborers.
In the third form, it goes without saying that the labor contract essentially belongs to the nature of engineering subcontracting, and the status of the contractor is equivalent to that of the subcontractor.
It can be seen that the first and second forms of construction labor can be considered temporary employment to a certain extent, and the meaning of labor operation subcontracting can only include the third type of organized labor subcontracting, which cannot be equated with the other two situations.
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