Contract management system of property company

Contract management system of property company

Contract management is an important part of property management enterprise management. The following is a model of contract management system of a property company, hoping to help you.

Contract management system model of property management company 1. Objective: In order to standardize the contract management of the company, prevent and control contract risks, and effectively safeguard the legitimate rights and interests of the company, this system is formulated in accordance with the provisions of the Contract Law and other relevant laws and regulations, combined with the actual situation of the company.

2. Scope of application: This system is applicable to all kinds of contracts, agreements, agreements and other contract documents signed by the company. Supplementary documents such as supplementary agreements, supplementary agreements, and contract annexes of the original contract are necessary components of the original contract, and this system is also applicable to the original contract.

3. Responsibility

3. 1 The chairman of the board is responsible for the examination and approval and signing of the contract with a target price of more than 30,000 yuan;

3.2 The general manager of the company is entrusted by the chairman to be responsible for the approval and signing of the target contract within 30,000 yuan;

3.3 The general manager's office of the company is responsible for the management of various contracts of the company, with specific responsibilities as follows:

3.3. 1 Be responsible for negotiating various contracts when necessary.

3.3.2 Be responsible for formulating a unified purchase and sale contract text;

3.3.3 Responsible for issuing and managing the special seal for contracts, unified contract texts and legal person power of attorney;

3.3.4 Be responsible for reviewing the legality, feasibility and benefits of various contracts submitted by various functional departments/projects;

3.3.5 Be responsible for the settlement of disputes in www.fdcew.com;

3.3.6 Be responsible for the daily management of contract documents;

3.3.7 Be responsible for the supervision and implementation of this system.

3.4 The functional department/project is responsible for the contract negotiation of various related businesses.

4. The signing of the contract

4. 1 All contracts must be signed by the company, and no functional department, project or branch company may sign contracts without authorization.

4.2 Information to be reviewed before signing the contract:

4.2. 1 The other party's subject qualifications, such as business license, organization code certificate of legal person, identification documents, etc., must be checked.

4.2.2 Credit standing ability and performance ability, such as asset certificates, credit records, enterprise scale and status, relevant qualification certificates, etc.

4.3 Contract approval

The contract signed by the company must be approved by the general manager.

4.3. 1 Specific authority is as follows:

4.3. 1. 1 In general, the contract shall be approved by the general manager authorized by the chairman.

4.3. 1.2 The subject matter exceeding 30,000 yuan shall be examined and approved by the chairman.

4.3. 1.3 Contracts whose subject matter exceeds the company's assets 1/3 or more shall be examined and approved by the board of directors.

4.3.2 In principle, the contract shall be handled by the handling department/project leader. After the first draft is drafted, it must be reviewed by relevant responsible departments, quality supervision department and general manager (chairman), and signed according to the contract approval authority.

The key points of contract review are:

4.4. 1. 1 legality of the contract. Including: whether the parties have the right and ability to sign and perform the contract; Whether the contents of the contract comply with national laws, policies and the provisions of this system.

Tightness of 4.3.2.2 contract. Including: whether the terms of the contract are complete; Whether the rights and obligations of both parties are specific and clear; Whether the written expression is accurate.

Feasibility of 4.3.2.3 contract. Including: whether both parties, especially the other party, have the ability and conditions to perform the contract; Expected economic benefits and possible risks; Economic losses that may be suffered when the contract cannot be performed normally.

4.3.3 According to the legal provisions or actual needs, the contract shall also be submitted to the higher authorities for examination and approval, or to the administrative department for industry and commerce for examination and approval, or to the notary office for notarization.

4.4 No contract shall be signed with an organization that does not bear civil liability independently, nor shall an economic contract be signed that is obviously inconsistent with the legal person's performance ability.

4.5 If the company issues a power of attorney to entrust an employee to sign a contract, the employee is the company's principal. Company customers can sign contracts on behalf of the company within the scope authorized by the company. The company's customers must be responsible to the company. If the company's customers sign contracts beyond the authorized authority, causing losses to the company, the company will deal with them in accordance with the relevant provisions of this system.

4.6 When signing a contract, we must implement the principles of "equality and mutual benefit, consensus through consultation, compensation for equal value" and "low price and good quality, preferential contracting". All contracts signed with foreign countries must be aimed at safeguarding the legitimate rights and interests of the company and improving economic benefits. It is absolutely not allowed to engage in malpractices for personal gain, damage public interests or seek personal gain when signing the contract, and offenders will be severely punished according to the relevant provisions of this system.

4.7 Form of contract: Except for the instant settlement and payment contract, all contracts shall be in written form, and a unified contract text must be adopted.

4.8 The contents of the contract shall meet the following requirements:

4.8. 1 Party information: clearly record the name (personal name, ID number), address and contact information of the parties to the contract. The name and address of the parties specified in the contract title, signature and official seal shall be consistent with the credit information provided by the other party.

4.8.2 Subject matter of the contract: The subject matter of the contract shall be unique and accurate, and the sales contract shall specify the specification, model, trademark, place of origin, grade and other contents; The service contract shall specify the detailed service contents and requirements; If the subject matter of the contract cannot be described in words, drawings and other explanatory materials shall be used as the annex to the contract.

4.8.3 Quantity: The contract shall adopt the national standard unit of measurement and stipulate the quantity of the subject matter. If the exact quantity cannot be agreed, the method of determining the agreed quantity (such as telegram, fax, delivery note, invoice, etc.). ) be adopted.

4.8.4 Quality: If there are national standards, departmental industry standards or enterprise standards, the code names of the adopted standards shall be agreed; Chemical products and other products that can be described by indicators should agree on the main indicators (except those covered by standards); Payment for samples shall specify the production mode and storage location of samples.

4.8.5 Price or remuneration: the price or remuneration shall be stipulated in the contract, and the actual price of the contract shall be agreed in the form of discount; The payment method of the price shall be stated, such as transfer check, draft (telegraphic transfer, draft and remittance), collection, letter of credit and cash; The time limit for payment of price or remuneration shall be the exact date or days after the realization of specific conditions.

4.8.6 Time limit, place and method of performance

The time limit for performance should be clearly specified. If a specific time cannot be agreed, the method of the time limit for performance shall be agreed in the contract.

The place of performance of the contract should try to be beneficial to us. For example, sales contracts generally stipulate that the place of delivery is our warehouse or our residence; Where a specific place name is agreed, it shall be specified to the municipal district or county level;

The sales contract should stipulate the delivery procedure in the contract, that is, the sign of contract performance, such as consignment note, signature of warehouse keeper, etc.

4.8.7 Contract Guarantee

If the other party in the contract requires a guarantee or we require the other party to provide a guarantee, we should go through the relevant procedures in accordance with the requirements of the Guarantee Law in light of the specific circumstances.

Model contract management system of property management company. purpose

In order to standardize the company's labor contract management and guide the signing, alteration, renewal, dissolution and termination of the labor contract, this management system is formulated in accordance with the provisions of the Labor Contract Law and the Beijing Labor Contract and combined with the actual situation of the company.

Second, the scope of application

1. This management system is applicable to the company headquarters and expatriate employees.

2. Each subsidiary shall formulate its own labor contract management system with reference to this management system and in combination with its own situation.

Third, the division of responsibilities

1. Integrated Service Department

1. 1 Sign labor contracts with employees of the company on behalf of the general manager;

1.2 Be responsible for making, signing and keeping the labor contract text;

1.3 Organize the signing, alteration, renewal, dissolution and termination of the company's labor contract;

1.4 Be responsible for providing guidance or consulting services for the labor contract management of subsidiaries;

2. Head of the employing department

2. 1 Responsible for reviewing the opinions on signing, changing, renewing, dissolving and terminating the labor contract;

3. Deputy General Manager in charge

3. 1 Responsible for reviewing the opinions on signing, changing, renewing, dissolving and terminating the labor contract;

4. General Manager of the Company

4. 1 Be responsible for examining and approving the opinions on signing, renewing, dissolving and terminating the labor contract;

Four. Program and content

(A) the signing of labor contracts for new employees

1. In principle, the signing and processing time of the labor contract for new employees is the day of employment, and shall not be later than one month after employment;

2. Except for special posts, all new employees shall sign a "fixed-term labor contract".

(B) the probation period management of new employees' labor contracts

1. According to the type of labor contract, the probation period of the new labor contract: the contract period for signing a "fixed-term labor contract" is 3 years, of which the probation period is 3-6 months; The term of signing the contract to "complete certain work" is 1 year, of which the probation period is 1 month.

2. After the probation period of new employees, the comprehensive service department has the right to organize the probation assessment of new employees. If the examination is unqualified, the company has the right to handle the formalities of dissolving the labor contract with the employees in time.

(three) the renewal or termination of the labor contract

1. The renewal or termination of the labor contract shall be handled according to the following procedures:

1. 1 40 days before the expiration of the employee's labor contract, the comprehensive service department counts the list of people to be signed;

1.2 the comprehensive service department communicates with the person in charge of the employing department on the performance of the personnel to be contracted, and reaches an agreement on renewal or termination;

1.3 For those who meet the conditions for renewal, the comprehensive service department shall organize the employing department and relevant leaders to examine and approve the original contract 35 days before the expiration of the original contract, fill in the Approval Form for Renewal of Labor Contract, organize talks between the two parties after the approval, and issue the Notice of Renewal of Labor Contract to the employees who agree to renew the original contract 30 days before the expiration, and take it back for filing after being signed by the employees; Before the expiration of the original labor contract, the procedures for renewing the labor contract shall be handled;

1.4 For those who do not meet the conditions for renewal, the comprehensive service department will organize talks between the two parties 30 days before the expiration of the original contract, and issue a Notice of Dissolution of the Labor Contract, requiring employees to sign and confirm it before recycling it for the record;

1.5 For employees who are unwilling to renew the labor contract, the comprehensive service department should know the specific situation and keep them as appropriate, and those who decide not to renew the labor contract shall be treated as termination of the contract;

1.6 The term of renewing the labor contract shall be finally determined by comprehensively considering the original contract term, years of continuous work in the company, the period from the statutory retirement age, the number of fixed-term labor contracts signed, etc.

1.7 the compensation standard for the personnel who terminate the labor contract shall be implemented according to the relevant regulations of the state or Beijing.

(4) Termination of the labor contract

1. If the new employee is proved not to meet the employment conditions of the company during the probation period, the labor relationship will be dissolved during the probation period, and the employing department will issue a written opinion if necessary;

2. Those who have become regular employees who do not meet the company's employment standards or job requirements (still do not meet the job requirements after training or job transfer) may terminate their employment relationship in advance after being studied by the head of the employing department, relevant leaders and the comprehensive service department. When necessary, the employing department shall make a written explanation for the nonconformities;

3. For the personnel who need to terminate the labor relationship in advance, the comprehensive service department will organize the two parties to talk, and issue a Notice of Termination of Labor Contract, which will be recovered and filed after being signed by the employees;

4. If the employee proposes to terminate the labor contract in advance, the comprehensive service department should organize a conversation to understand the relevant situation and keep it as appropriate. If the employee decides to terminate the labor contract in advance, it shall be handled according to the company's resignation procedure;

5. The compensation standard for early termination of the labor contract shall be implemented according to the relevant provisions of the state or Beijing.

(V) Alteration of the labor contract

1. If the statutory protection contents such as post, salary, work place and working conditions of employees change, they shall go through the formalities for changing the labor contract.

2. For the personnel who need to change the labor contract, the comprehensive service department should organize the two parties to talk, reach an agreement with both parties on the specific content of the change, and issue a Notice of Change of Labor Contract, which will be recovered and filed after being signed by the employees, and the corresponding change procedures will be completed within one week after the talk;

3. For those who disagree with the change, the comprehensive service department should explain with the employing department to dispel the concerns of the parties. For those who decide not to agree to the change, the comprehensive service department should fully understand the situation and report the situation to the company leaders for research and decision;

4. The comprehensive service department should know the situation in detail when it asks employees to change the labor contract, report to the company leaders in time, and give feedback within one week after accepting it.

(six) the labor contract file management

1. The text of the labor contract is saved by department classification, and a labor contract registration ledger is established for query.

2. The labor contract shall be updated at any time, and the expired contract shall be replaced in time.

(seven) the writing standard of labor contract

1. The handwriting written in the labor contract shall be clear and definite, and shall not be blurred or altered;

2. The filling of "post" in the labor contract can be divided into three categories: management, technology and non-technology.

3. The filling time in the labor contract is accurate and consistent, and the signing date of the contract shall not exceed 30 days from the effective date.

Verb (abbreviation of verb) supplementary clause

1. This system will be implemented from April 20 1 1 year.

2. Each subsidiary may formulate its own labor contract management measures with reference to this system, which shall be implemented after being approved by the Head Office.

3. The final interpretation right of this system belongs to the General Management Department of the Head Office.

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