Economic Contract 1 Applicant: Engineering Team directly under Qingbin Enterprise Company.
Legal Representative: Director Jiang.
Address and telephone number: _ _ area telephone number:
Applicant: A factory in Heilongjiang Province.
Director Yang, legal representative
Address: _ _ District
Telephone:
I. Required items:
fulfil a contract
Two. Facts, reasons and evidence:
1October 30th, 1985, 10, both parties signed the infrastructure contract. Main contents:
1, the connecting building is 538.08 square meters, and the accounting cost is 265,438 yuan +00 yuan per square meter, totaling (lump sum) 65,438 yuan +0 13 16.80 yuan;
2. The original electrical maintenance on the third floor is 4994438+02 yuan;
3. Civil maintenance 18800. 18 yuan;
4, the new fourth floor wall engineering 3275.77 yuan; This project was decided by adding "Technical Change Notice" to the design room of the First Commercial Bureau in 2005 10+0985+065438 _+65438.
5. The wooden floor was changed to a flat-topped cement floor, and the cost difference was 22,608.83 yuan. This change project is based on the Standardization Design Office of Provincial Construction Committee (document 1986 65438+ 10/5) and the technical appraisal of building connection of a factory in the province.
The total cost of the above projects is 160995.70 yuan.
Supporting documents:
(1) One copy of the construction contract.
(2) A copy of the technical notice of the design office of the First Commercial Bureau of the city,
(3) A copy of the technical appraisal of the workshop by the Provincial Construction Committee.
All construction costs of the contract signed by both parties are calculated according to actual labor and materials. However, according to the supplementary provisions of the joint document of the Municipal Construction Bureau and the Municipal Construction Bank × J.Z.Zi (1986) No.78 on the implementation of the joint document of the Provincial Construction Committee and the China Construction Bank (1986) 18:
First of all, about building materials
Adjustment of budget price —— (2) Implement the provisions of "6" in the adjustment method. "Difference" is the adjusted amount of material difference 18234.83 yuan; The labor cost is adjusted to 2750.94 yuan; The management fee increased to 2226.95 yuan; Increase cash by 5600.09 yuan.
Total above: 189808.49 yuan. In addition to receiving124,000 yuan, the applicant still owes 65,808.49 yuan and refuses to pay off.
In this regard, we believe that in the construction contract, all economic rights recognized by law have the responsibility and obligation to unconditionally abide by the laws promulgated by the state and the regulations promulgated by relevant authorities. The applicant's requests in this case are all stipulated in documents, and the amount rejected by the respondent is unreasonable. So apply for arbitration, hoping for arbitration.
I am here to convey
Promulgated by: State Administration for Industry and Commerce
Date of promulgation:
Article 2 of the Economic Contract Every female worker may encounter the need to enter the lactation period when giving birth to her own children. Female employees and employers also need to sign labor contracts. According to the truth, female employees cannot terminate their labor contracts during lactation. Let's take a look at the economic compensation for the termination of the labor contract during lactation.
Article 29 of the Labor Law of People's Republic of China (PRC): During pregnancy, childbirth and lactation, the employer shall not terminate the labor contract.
Article 4 of the Provisions on Labor Protection of Female Employees: It is forbidden to reduce the basic salary of female employees during pregnancy, childbirth and lactation or to terminate the labor contract.
Article 27 of the Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests: No unit may reduce the wages of female employees, dismiss female employees or unilaterally terminate the labor (employment) contract or service agreement because of marriage, pregnancy, maternity leave and breastfeeding. However, unless the female employee requests to terminate the labor (employment) contract or service agreement.
Article 61 of the Labor Law of People's Republic of China (PRC): Female employees shall not be arranged to engage in the third-level manual labor intensity stipulated by the state during pregnancy or the labor that is forbidden during pregnancy (see Articles 5, 6 and 7 of the Provisions on the Scope of Labor Forbidden for Female Employees). Female workers who have been pregnant for more than seven months shall not be arranged to extend their working hours or work at night.
suckling period
Article 63 of the Labor Law of People's Republic of China (PRC): Female employees shall not be arranged to engage in the third-grade manual labor intensity stipulated by the state and other jobs that are forbidden during lactation, and shall not be arranged to extend working hours and work at night.
Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Workers. Female employees who have miscarried within 4 months of pregnancy shall be given maternity leave 15 to 30 days according to the opinions of the medical department; If you are pregnant for more than 4 months and have a miscarriage, you will be given 42 days maternity leave. During maternity leave, wages are paid as usual.
Maternity leave for female employees who are less than 12 weeks pregnant (including abortion) is 15 days; 12 weeks 16 weeks (inclusive) the maternity leave for abortion is 30 days; /kloc-The maternity leave for abortion from 0/6 to 28 weeks (inclusive) is 42 days. If the pregnancy is terminated after more than 28 weeks of pregnancy, the normal maternity leave is 90 days, including prenatal leave 15 days.
Pregnancy: prenatal examination time is also counted as labor time.
Article 7 of the Provisions on Labor Protection of Female Workers: Pregnant female workers who have prenatal examination during working hours shall be regarded as working hours.
Delivery period: 90 days (before delivery 15 days)+dystocia 15 days+multiple births 15 days (every additional fetus 15 days).
A spouse who marries late and gives birth late can apply for an extra 30 days of maternity leave.
Article 62 of the Labor Law of People's Republic of China (PRC): Female employees shall enjoy maternity leave of not less than 90 days.
Article 8 of the Provisions on Labor Protection for Female Employees: The maternity leave for female employees is 90 days, including prenatal leave 15 days. In case of dystocia, maternity leave shall be increased 15 days. For multiple births, the maternity leave will be increased by 15 days for each additional baby.
Article 14 of the Regulations of Beijing Municipality on Maternity Insurance for Enterprise Employees: The normal maternity leave for female employees is 90 days; The number of dystocia increased 15 days, multiple births increased 1 baby increased 15 days, and late childbirth increased by 30 days.
Article 9 of the Provisions on Labor Protection of Female Workers: Female workers with babies under one year old shall be given breastfeeding (including artificial feeding) twice in each class, each time for 30 minutes. For multiple births, the breastfeeding time will be increased by 30 minutes for each additional baby. The two breastfeeding hours of female workers in each class can be combined. Breastfeeding time and the time on the way back and forth in this unit are counted as labor time.
Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Workers Article 2. When a female worker is examined and delivered in a medical institution of the unit or a designated medical institution, the examination fee, delivery fee, operation fee, hospitalization fee and medicine fee shall be borne by the unit to which she belongs, and the expenses shall be paid by the original medical funding channel. (According to local policies, the scope of reimbursement is different. )
Section III Economic Contract According to the responsibilities of the Finance Department of our company, the Finance Department has the obligation to participate in the negotiation and review of economic contracts, and suggests that all projects involving project contracting and bulk materials and equipment procurement should sign corresponding economic contracts, and their capital plans should be approved by the board of directors. Therefore, in practice, we should focus on the following aspects of financial review:
First of all, the price clause of the audit contract is reflected in two aspects:
(1) How to price the contract price, it is necessary to make clear who will bear the taxes and fees, and the contract price must be clearly stated;
(2) In addition to the contract price, whether there are other prices in the contract, such as freight, handling fee, insurance premium, taxes, unexpected losses, etc., and who will bear them.
Second, the settlement time clause of the audit contract is embodied in:
(1) Whether the contract stipulates the settlement method of the contract price;
(two) whether the credit contract stipulates the time or days of credit sale;
(3) Whether the installment contract has a clear payment term and a clear payment amount or proportion;
(4) Whether the method of determining the progress is clear in the payment according to the progress;
(5) The above contents are not clear, and the contract needs to be submitted to the financial department for review.
Three. Review the invoice terms of the contract
(1) Whether the contract stipulates the obligation of the other party to provide invoices according to tax regulations;
(2) The prepayment contract shall specify that at the end of the business, the other party shall provide an invoice that complies with the provisions of the tax law, and its amount includes the unexpired retention money;
Four, review the tax liability clause in the contract.
Whether the contract is clear or not, the other party shall be liable for full compensation for the unexpected losses caused to our company because the bills provided by the other party do not meet the tax requirements.
Verb (abbreviation of verb) Other clauses in the audit contract are mainly reflected in:
(1) Whether the same contract includes sales and services;
(2) Whether the same contract includes services with different tax rates;
(3) Whether the same contract includes non-cash settlement payment;
(4) Contracts under any of the above circumstances shall be audited by the Finance Department.
Relevant requirements for making intransitive verb contracts
(1) For the business involved in each contract, there must be a clear person in charge of the project and be responsible for the implementation progress and quality of the project; For example, the engineering department can be authorized to sign project contracts, the administrative department can be authorized to sign office equipment and furniture, and the financial department can be authorized to sign loan contracts.
(2) After the contract is drafted, the responsible party of the company shall fill in the "Contact Sheet for Examination and Approval of Economic Contract" (in duplicate), fill in the signing comments in the handling column, and the finance department shall sign the review comments in the financial review column; The Legal Department signs the review opinions in the judicial review column, and finally the general manager or chairman signs the approval opinions.
(3) The person in charge of our company can sign the contract with the business party only after the Contact Sheet for Economic Contract Approval is signed and approved. Then, we keep an economic contract approval contact list and a copy of the contract. The original contract and the economic contract approval contact form shall be submitted to the administrative department for the record, and the final copy of the contract shall be sent to the financial department, which can supervise the implementation and pay for the performance. (If it is a project contract, the project budget shall be sent to the Finance Department), and the handling department shall keep an "economic contract approval contact form" and a copy of the contract for future reference.
Article 4 of the Economic Contract Party A:
Domicile:
ID number:
Party B:
Domicile:
ID number:
Party A needs to borrow _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _) from Party B in order to purchase the house located at Floor _ _ _ of Building _ _ _ in Chuanhui District, Zhoukou City.
At the same time, it is agreed that the property right of affordable housing will be transferred to Party B when it meets the listing and trading conditions stipulated by laws, regulations and rules. Based on the principles of equality, voluntariness, mutual benefit and consensus, Party A and Party B have reached the following agreement on the transfer and loan of the house.
1. Party A borrows RMB _ _ _ _ _ (in words) from Party B, with monthly interest of _ _ _ _ _. Loan method: Party B issues _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. After the house meets the conditions for listing and trading of affordable housing stipulated by laws, regulations and rules, Party A shall assist Party B to register the change of property rights and transfer the property rights to Party B's name.
Three. Party B shall pay Party A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. As Party A has lent Party B all the house purchase money, Party A agrees that Party B can use, occupy, live and manage the house for free after obtaining the house key. Party B shall determine the time limit.
5. When the conditions stipulated in Article 2 of this Agreement are established, that is, when the house (Unit _ _ _ _ _ _ Building, Chuanhui District, Zhoukou City) has met the conditions for listing and selling affordable housing stipulated by laws, regulations and rules, Party A shall assist Party B to register the change of ownership and transfer the ownership to Party B's name. Otherwise: 1, if it is not handled within the time limit, it will be charged a late fee of 5‰ per day, while still fulfilling the obligation of assisting in the transfer; 2. If Party B can't obtain the ownership of the house due to the reasons of Party A, Party A shall pay Party B 30% of the total house price (subject to the house sales contract signed between Party A and the developer) as liquidated damages, return the loan at the same time, and pay the loan interest at the agreed loan interest rate. Interest shall be calculated from the date of signing this contract to the date of repayment.
6. Before the additional conditions agreed in Article 2 of this Agreement are realized, Party B shall not ask Party A for a loan in advance. After the attached conditions are fulfilled, the purpose of the contract is completed, Party B obtains the ownership of the house, and Party B's creditor's rights based on the loan and interest are lost.
7. The rights and obligations stipulated in the terms of this contract are legally binding on the close relatives of both parties. Their close relatives enjoy the same rights and bear the same obligations, and both parties have the obligation to inform their close relatives.
The above provisions are in compliance with the law, and this agreement is made in duplicate, one for each party, and shall come into force after being signed by both parties (the agreed conditions for entry into force are established).
Party A (signature): Party B (signature)
Year, month, sun, moon, sun.