What do you mean by subcontracting construction services?

Difference between construction labor subcontracting company and labor service company

There is no terrible difference. A labor service company is to pull people to do labor services.

Construction sites, such as built-in parts, are professional subcontracting companies, and they just design and so on. Then they find a labor service company to take charge of the work, that is, a labor subcontracting company.

What does "subcontracting" mean in the construction industry? For example: labor subcontracting, etc.

Labor subcontracting refers to the activities that construction units or professional subcontractors (both of which can be employers of labor operations) subcontract the labor operations of contracted projects to labor subcontractors. That is, after contracting the project, A construction company buys materials by itself, and then asks B labor service company to find workers to carry out the construction, but A company still organizes the construction management. Labor subcontracting is a common practice in the construction industry now, and the law allows it within a certain range. However, it is forbidden for labor service companies to subcontract contracted labor services to other companies; It is forbidden to subcontract the main project, and the mutual formation of the main project is exclusive and irreplaceable.

What are the subcontracting scope of construction services?

According to the qualification of construction labor subcontracting enterprises, it can be divided into carpentry, masonry, plastering, stone making, painting, reinforcement, concrete, scaffolding, formwork, welding, plumbing and electrical installation, sheet metal and stringing.

What does subcontracting mean?

Labor subcontracting is to subcontract workers' work to another company to make a field.

To put it simply, after contracting the project, A construction unit buys materials by itself, and then B labor service construction unit is asked to find workers to carry out the construction. At the same time, management is still managed by a construction unit.

Labor subcontracting is a common practice in the construction industry now. This is also allowed by law. However, it is forbidden for labor service companies to subcontract or subcontract the contracted labor subcontracting tasks to other companies.

What's the difference between subcontracting in construction and subcontracting in labor services?

Professional engineering subcontracting refers to the activities that the general contracting enterprise contracts the professional engineering in its contracted projects to other construction enterprises with corresponding qualifications, that is, professional subcontracting contractors complete.

Labor subcontracting refers to the activities that the general contracting enterprise or professional contracting enterprise contracts the labor operations in its contracted projects to the labor contracting enterprise with corresponding qualifications, that is, the labor operation contractor. What's the difference between them? Specifically, there are the following points:

1. The qualifications of subcontractors are different. Professional engineering subcontracting holds the qualification of professional contracting enterprise and has 60 qualifications such as foundation and foundation engineering; The labor subcontractor holds the qualification of labor operation enterprise and has three qualifications, such as carpentry 13. 2. The subject matter of the contract points in different directions. Professional engineering subcontracting refers to partial engineering projects, and the calculation of project funds, which is mainly reflected in the contracting form and packaging materials; Labor subcontracting refers to the labor of engineering construction, and the labor cost is calculated. Its manifestation is that the contractor does not include materials, commonly known as "contractor".

3. The restrictions of subcontracting conditions are different. The general contractor has a series of restrictions on the subcontracting of the project, and an important condition that must be met is to obtain the consent of the employer in advance; The general contractor, including subcontractors, does not need to obtain the consent of the employer in advance.

4, the scope of responsibility is different. If a professional project is subcontracted, the general contractor shall manage the subcontracted project, and the general contractor and subcontractors shall bear joint and several liability to the employer for the subcontracted project and the quality defects of the subcontracted project; In the case of subcontracting, subcontractors can manage themselves and are only responsible to the general contractor or engineering subcontractor, who is responsible to the employer, and the labor subcontractor is not directly responsible to the employer.

What industry category does the construction labor subcontracting belong to?

The subcontracting order of construction services is not classified or graded.

According to 20 15438+0 Notice of Ministry of Housing and Urban-Rural Development on Qualification Standards of Construction Enterprises (No.2014159 of Jianshi Office).

The subcontracting order of construction services is not classified or graded.

Enterprises with qualification standards for construction service enterprises can undertake all kinds of construction service businesses.

But there must be qualified laborers and managers; In particular, special operations operators must hold relevant certificates.

[Reprint] What's the difference between labor subcontracting and engineering subcontracting?

What are labor subcontracting and engineering subcontracting? Engineering subcontracting includes labor subcontracting and professional engineering subcontracting. Labor subcontracting refers to the behavior that an engineering contractor contracts labor services in a construction project to other construction enterprises with labor contracting qualifications. Subcontracting of professional engineering refers to the behavior that the general contractor contracts other professional engineering except the main structure construction to other construction enterprises with corresponding qualifications, that is, the relationship between them is: the labor operation in the contractor's engineering construction → the professional engineering of the non-main part of the general contractor's engineering construction with the qualification of labor contracting → the construction enterprises with corresponding qualifications.

Professional engineering subcontracting

Through the above comparison, the difference between the two is obvious. First, the main body of the two is different: labor subcontracting occurs between contractors and labor subcontractors, while professional engineering subcontracting occurs between general contractors and professional contractors; Second, the objects of the two are different: the object of labor subcontracting is labor operation, while the object of professional engineering subcontracting is professional engineering; Other differences mainly depend on the law. Thirdly, the contractual effects of the two contracts are different: labor subcontracting is legal and effective without the consent of the employer, while subcontracting of professional projects requires the consent of the employer, otherwise the subcontracting behavior is invalid (according to Article 272 of the Contract Law, "... with the consent of the employer, the general contractor or the survey, design and construction contractor may contract out some of its contracted projects to a third party ... except for subcontracting agreed in the general contract, it must be approved by the construction unit. ……"); Fourth, the legal consequences of the two are also different. If the labor service is subcontracted according to the agreement of both parties, the Law on Subcontracting of Professional Projects clearly stipulates that both parties to the subcontracting of professional projects shall be jointly and severally liable to the employer (according to Article 272 of the Contract Law, "... the third party shall be jointly and severally liable to the employer with the general contractor or the survey, design and construction contractor." Article 29 of the Construction Law stipulates: "... the general contractor and the subcontractor shall bear joint and several liabilities to the construction unit for the subcontracted project." ); Fifth, the rewards are different. Labor subcontracting only takes labor remuneration and labor management fees, but professional engineering subcontracting takes project funds, which mainly include direct costs, indirect costs, taxes and profits. In direct costs, it also includes labor costs and corresponding management fees. Therefore, the target of project funds is usually large, with high profits and high risks, so the state's control in this regard is much more mandatory.

In practice, there are many professional engineering subcontracts in the form of labor subcontracting, especially those with building materials. Labor subcontracting is actually a kind of "contract without materials", but it belongs to engineering subcontracting. However, according to the book "Questions and Answers on Engineering Contracting Practice", the "materials" here only refer to the main materials. If it is only auxiliary materials, its nature will not change, that is, the contracted auxiliary materials still belong to labor subcontracting.

What is the difference between labor subcontracting and professional subcontracting?

Professional subcontracting: refers to the project contracting mode in which the general contractor or construction general contractor subcontracts the professional projects in the contracted projects to professional subcontractors with corresponding qualifications according to the professional subcontracting contract, and the general contractor pays the subcontracting price, and the general contractor and subcontractors bear joint and several liabilities for the subcontracted projects. Labor subcontracting: refers to the contracting mode in which the general contractor, the general construction contractor or the engineering professional subcontractor subcontracts the construction labor in the contracted project to the labor subcontractor with corresponding qualifications according to the labor subcontracting contract, and the employer pays the labor remuneration.

What do you mean by the situation of the enterprise's own construction services and the situation of the subcontracting enterprises?

Adopt diversified employment methods to disperse employment risks. It can not only save costs, but also ensure employment channels and reduce the workload of human resources departments. This can save a lot of costs, such as: social security, housing provident fund; Personnel management expenses and recruitment expenses. Compared with employee relations, the management risk will be reduced a lot, and a third party will share it.

What is a construction service enterprise?

The construction industry refers to the construction and installation engineering operation, which is a production activity that connects products with the earth by masonry combined installation.

According to the Provisional Regulations of the People's Republic of China on Business Tax, the units and individuals providing construction services in People's Republic of China (PRC) are taxpayers of construction business tax.

If the construction and installation business is subcontracted or subcontracted, the general contractor shall be the withholding agent.

The scope of construction tax is: construction, installation, repair, decoration and other engineering operations.

The income obtained from the above business shall be subject to business tax at the rate of 3% according to the tax item of "construction and installation".

Taxable chicken = turnover × tax rate

The determination of the turnover of the construction industry, the occurrence time of tax obligation, the occurrence time of business tax withholding obligation, and the tax payment place of business tax withholding agents shall, in principle, be based on the corresponding provisions of the Law of People's Republic of China (PRC) on Tax Collection and Administration and its detailed rules for implementation and the Provisional Regulations of the People's Republic of China on Business Tax. It should be pointed out that the special provisions for tax payment of Jian 'an enterprises from other places in Shanghai are as follows: first, contractors who come to Shanghai to undertake projects shall register at the inspection and acceptance office outside the Sixth Branch of Lujiabang Road 1054, Shanghai Local Taxation Bureau, and declare and pay corresponding taxes to the relevant tax authorities according to their business conditions.