The Model Text Of Contrace Subcontracting Units And Workers’ Rights Protection Research

Engineering contract is the contract between employer and contractor for thecompletion of construction projects, clearly the rights and obligations of both partiesof the contract, is the main basis of quality control, investment control, safety controland schedule control of engineering construction, should as far as possiblecomprehensive and accurate. With the transition of China’s economic system, theincomplete and imperfection of the substantial expansion of the scale of construction,diversification of contracting mode,《construction contract (model text)》,《professional subcontract contract (model text)》,《labor subcontract contract(model text)》 are exposed, which are used now need to be studied and perfected.This paper firstly through theoretical research, comprehensive analysis of thedefects in the engineering contract model text. Aiming at the defects, explore thecauses to the defects. Secondly, according to the laws, rules and regulations in ourcountry which are new issue to improve the engineering contract model text, andthen by drawing on the advantages of FIDIC contract conditions to improve theengineering contract model text. Finally, with the hot issue in construction ofengineering fields, to put forward reasonable suggestions to improve the engineeringcontract model text.Defects in engineering contract model text is mainly manifested in the followingthree aspects: conflicting with the current valuation mode, conflicting with theexisting laws, discordant with project management mode. Aiming at the defects ofengineering contract model text, put forward three countermeasures to solve:promote the project guarantee, improve the safety management provisions, reflect thelatest models and results.By improving the model text of engineering contract to solve many problems existin Chinese construction market, standardize the conduct of the parties in engineeringmarket. According to the construction contract, the professional subcontract contractsand the labor subcontract contract three model text put forward relevant suggestions for revision. Through promoting the project guarantee, improving the safetymanagement provisions, reflecting the latest models and results of engineeringcontract model text, to better adapt to the current development of the constructionmarket, in order to protect the rights and interests of workers and subcontractors.