The concept of labor subcontracting

Article 6, paragraph 3 of the Provisions on the Administration of Construction Enterprise Qualifications stipulates that "an enterprise that has obtained labor subcontracting qualifications may undertake labor services subcontracted by a general construction contractor or a professional contractor." That is to say, the employer of labor subcontracting can be a general contractor or a professional subcontractor, so if the project undertaken by the professional subcontractor is subcontracted to the labor company, is it not subcontracted or illegally subcontracted? What are the specific regulations on labor subcontracting?

Article 5 of the Provisions on the Administration of Construction Enterprise Qualifications stipulates that "the qualifications of construction enterprises are divided into three sequences: general construction contracting, professional contracting and labor subcontracting. ”

According to the Ministry of Construction's "Qualification Grading Standards for Construction Enterprises", the scope of labor subcontracting includes the following 13 types: (1) carpentry; (2) masonry operations; (3) plastering operation; (4) stone industry; (5) Paint work; (6) Reinforcement operation; (7) Concrete operation; (8) Scaffolding erection operations; (9) Template operation; (10) Welding operations; (11) Plumbing and electricity installation operations; (12) Sheet metal engineering operations; (13) Wiring engineering operations.

Construction project subcontracting refers to the activities of professional engineering contractors with corresponding qualifications to organize personnel, materials and machinery to use their own technology, experience and management measures to independently complete the project construction tasks. Therefore, labor subcontracting does not belong to construction project subcontracting.

Therefore, the general contractor may subcontract the labor work in the contracted project to a qualified labor operation contractor without the consent of the employer (construction unit), which is not an illegal subcontracting. A professional project contractor may also subcontract the labor part of the professional project that it has subcontracted in accordance with the law to a qualified labor operation contractor for completion, without the consent of the general contractor and the employer, and it is not a secondary subcontract, and it is not an illegal subcontract. However, the labor operation contractor must complete the contracted tasks on his own and cannot be subcontracted. In addition, an individual cannot become a contractor for labor operations.

Labor subcontracting means that the labor operation contractor accepts the guidance, supervision and management of the labor operation employer. The labor operation contractor shall be responsible to the labor operation employer for the quality of its subcontracted projects in accordance with the labor subcontract; The labor operation employer and the labor operation contractor shall be jointly and severally liable to the employer for the quality of the subcontracted project. If the labor subcontract is invalid, the labor operation contractor and the labor operation employer shall respectively bear the responsibility for the quality of the project according to their respective faults, and bear joint and several liability for joint infringement to the employer for the quality of the subcontracted project.