Research On Labor Service Subcontract

In recent years, the reformation of construction market is much faster along with thecountry joining the World Trade Organization and the transition of the construction marketfrom planned economic to the market economic. Now the construction market has establishedmore normalized management system. And the management system has been improvedcontinuously to transform from administrative management to legal management. To reducethe cost, some construction enterprises will subcontract the labor service which is a section ofthe project to the professional labor services. So the labor subcontract is produced.The labor subcontract is one of contracts under the definition of the Contract Law. Itdefines mutual rights and obligations between the general contractor and the labor service inorder to complete the construction engineering. In the project management, managers alwaysignore the significance of the labor subcontracting which is an administrative error. Becauseof its own characteristics, the labor subcontract can’t copy the content of the constructioncontract completely. The terms can only be formulated according to the real situation and thespecific requirement of the both sides. Therefore, contract managers are required to analysiscontracts carefully and supervise with the use of the contract terms.This dissertation takes the labor subcontract as the subject of study and adopts thequalitative research method. On the base of existing research results, it attempt to suggestperfecting the labor subcontract.The first chapter is the introduction part. It introduces the background of this thesis.Besides the literature review is done and the contents and the study method are mentioned ofthis dissertation.The second chapter is the theoretical basis in connection with the labor subcontracting. Itdefines the related concepts of labor subcontracting as well as the composition and thecharacteristic of the labor subcontract.The third chapter is the analysis of labor subcontract. On the basis of contract analysis,this chapter carries on thorough analysis of labor subcontract in three aspects including rightsand obligations, risks allocation and pricing and measurement. The analysis finds someconclusions. The definition of rights and obligations should comply with principles which isthe subcontractor should bear and perform the rights and obligations related to the generalcontract. The parties shall know the distribution principle when making risk distribution. Theprinciple should be properly and flexible used. Through the research, the dissertation gets an incentive contract pricing mode on the pricing and measurement which both can improve theenthusiasm of labors and guarantee the requirement in construction period and quality.The fourth chapter puts forward the basic formation principles of labor subcontract. Itindicates the important points which need to be revised in the labor subcontract and comes upwith some specific suggestions.The last chapter is to sum up the whole dissertation and look into the further study.