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How does a construction labor service company make money?
As for the management fee, you need to negotiate specifically with the affiliated unit. In the industry, it is generally 3%--5%, but there is no fixed point. Some are as low as 2% or 1.5%, and as high as 7% or 8%.
Generally speaking, the higher the cost and the lower the qualifications of the affiliated unit, the lower the management fee charged, and vice versa.
If you sign a labor subcontract with the general contractor, subcontracting is generally not allowed. This is expressly stipulated in the Construction Law. Even if you sign a subcontract with another team, because this itself is an illegal act, your contract will not have legal effect.
As for qualifications, it depends on which majors are involved in the project you are contracting. Commonly used labor professional qualifications include labor subcontracting, plastering work, carpentry work, wiring work, formwork work, plumbing and electrical installation work, and painting. Construction work, concrete work, welding work, masonry work, masonry work, scaffolding work, steel bar work, sheet metal work, etc. And the level of qualification needs to be determined based on the size of your project.
The profit is the total amount calculated by the general contracting unit (multiplied by the list price or fixed price), minus your labor, machinery, and material costs; the management fee of the labor service company ; Taxes; and other necessary expenses (the general contracting unit, supervision unit, etc. all need to take care of them). You have to do the calculations yourself to know the details.
Insurance must be paid, this is mandatory by the state. According to Article 48 of the "Construction Law", construction workers' accidental injury insurance is a statutory and compulsory insurance. It also protects the legitimate rights and interests of construction industry employees, transfers enterprise accident risks, enhances the enterprise's ability to prevent and control accidents, and promotes enterprise safety production. important means.
For construction workers’ accidental injury insurance, an anonymous and non-numbered method is implemented, with the engineering project or unit project as the insurance unit, and the total contract cost as the basis for calculating insurance premiums for all types of construction projects. After all, we don’t know your contract price, so you have to ask the general contractor for the exact amount to pay. Insurance is usually handled by the general contractor.
For risk avoidance of affiliation behaviors, illegal subcontracting, and illegal subcontracting, please refer to the following content:
(1) Avoidance of affiliation risks
1 Legislative amendments , Foreign construction qualification management is mainly based on individual technical practice management, while our country is based on enterprise qualification management. Only by breaking the qualification construction franchise model can we help more private or joint-stock companies enter construction. Field;
2. Internally speaking, the reform of the operating system of construction enterprises should mobilize the enthusiasm of the management of state-owned enterprises. Externally, learn from the management model of Jiangsu and Zhejiang;
3 Effectively perform the management services of the affiliated party, and conduct the entire process from design, construction, quality, safety, construction period and material procurement
Management, especially the project department, focuses on strengthening the supervision of official seals, finances, employment and social security;
4. The guarantee method for the affiliated person to solve potential legal risks, by registering the mortgage of the affiliated person's property to
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In the name of the affiliated person, it reduces the legal risks that may harm the interests of the affiliated person. It is a form of affiliation that is particularly suitable for the affiliated person to loosely manage the affiliated person;
5 Some construction companies adopt Internal contracting agreement is used to replace affiliation, because internal contracting is permitted by law
Transform the affiliated project into the affiliated enterprise's own project:
First, transfer the affiliation The actual construction workers are hired as employees of the affiliated company.
Second, the affiliated enterprise assigns specific project management personnel.
Third, in the management of construction project funds, it is necessary to ensure that the project funds are completely managed by the affiliated enterprise responsible for the specific management of project expenditures.
6 The risk of the affiliated person being deemed to have official behavior and apparent agency is mainly to strengthen the daily contract management of the project department;
7 The risk of the affiliated person borrowing money is mainly to distinguish the project Whether it is a loan or a personal loan, the loan relationship must be clear.
The borrower is the affiliated individual, not the project department;
8 The affiliated company dispatches project management personnel, and the affiliated person and the construction company he recruits Workers sign labor contracts and handle
many labor insurances;
9 Carefully select affiliated partners and establish a blacklist mechanism to avoid cooperation with natural persons.
(2) Avoidance of illegal subcontracting and illegal subcontracting risks
1 Strengthen the management of subcontracts, clearly prohibit subcontracting and subcontracting, and establish a contract management ledger , dynamically supervise the entire process of project contract signing, performance, and contract claims;
2 Adopt internal contracting between the head office and branches or project departments model;
3 Adopt a three-way combination of material procurement, labor subcontracting, and project management;
4 The contractor has the right to agree that if the contractor subcontracts without authorization or illegally, The contractor has the right to resolve the contract, and
the contractor will compensate for losses according to the standard of liquidated damages;
5. The general contracting construction unit must carry out credit rating and guarantee system for subcontracting units. .
6 Labor subcontracting should try to cooperate with independent legal persons and reputable labor service companies to reduce the direct handling of labor issues involving migrant workers' unpaid wages
.
(3) Professional lawyers prevent affiliated behaviors, illegal subcontracting, and illegal subcontracting legal risks
1. Contract review and modification as legal consultant;
2 Risk review of construction project bidding and contract performance;
3 Legal consequences for the contract issuing party and the contractor to indicate that the contract is invalid;
4 The contract issuing party and the contractor should before signing the contract The lawyer will provide legal opinions;
5 requires the contract issuing party and the contractor to refuse to enter into a contractual relationship with the actual constructor;
6 The legal counsel lawyer regularly conducts legal risk assessments on the contract issuing party and the contractor training.
Hope this helps.
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