Can the main project be subcontracted?

The main project cannot be subcontracted, and the subcontracting of housing construction and municipal infrastructure projects can be divided into professional subcontracting and labor subcontracting. The "Construction Law" stipulates: Article 29 A general contractor of a construction project may contract out some of the contracted projects to subcontractors with corresponding qualifications; Except for subcontracting agreed in the general contract, it must be approved by the construction unit. In the case of general contracting, the main structure construction of the construction project must be completed by the general contracting unit itself.

What are the forms of labor subcontracting?

1, bring your own labor contract, refers to the formal employees in the enterprise who have become foreman through enterprise training and assessment. In principle, the laborers shall be recruited by the foreman, and they shall take care of themselves such as accommodation and transportation. The personnel are managed by the enterprise in a unified way. Wages are paid by the enterprise under the supervision of the foreman or by the foreman, and the wages are paid directly by the enterprise. Part of the project undertaken by the company will be contracted by the company's employees, and the contractor will hire people. The contractor will be responsible for the construction and management of the project, and the remuneration of the workers will also be paid by the contractor. As long as you subcontract your contracted work to others, you need the consent of the employer and bear joint liability. Without the consent of the employer, it constitutes "illegal subcontracting", and the follow-up problems will be more complicated and need to bear legal responsibility. Construction projects are essentially contracting;

2, decentralized labor contract, refers to the enterprise temporary employment, often for a project and temporary recruitment of workers;

3. Organized labor subcontracting refers to contracting labor services in the form of enterprises from construction general contracting enterprises or professional contracting enterprises.

Therefore, to sum up, the construction project is of a personal nature. Only when the employer trusts the contractor will the project be handed over to the contractor. Without the authorization of the employer, the contractor has no right to subcontract the contracted project. This behavior belongs to unauthorized disposition in civil law theory, and if the employer fails to ratify it from beginning to end, this behavior is invalid. Many enterprises and individuals illegally subcontract projects on the grounds of professional subcontracting, even if they are "professional subcontracting", they need the consent of the employer.

Legal basis:

Article 26 of the Building Law of People's Republic of China (PRC)

Units contracting construction projects shall hold qualification certificates obtained according to law and undertake projects within the business scope permitted by their qualification grades.

Construction enterprises are prohibited from exceeding the business scope permitted by their qualification grades or contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form.