Enterprise Commitment Letter of Suixian Agricultural Comprehensive Development Office 1
After studying the tender documents of the 20xx high-standard farmland construction demonstration project for comprehensive agricultural development in Suixian County, our company confirmed and responded to the tender documents and the contract terms in the tender documents without any objection. If our company wins the bid, the following commitments can be directly regarded as part of the contract terms, and our company hereby promises:
A, the bid deadline commitment
Our company will carefully organize the construction according to the design drawings and construction specifications to ensure that all projects are completed and delivered within 120 days. If there is any delay, we voluntarily accept the economic penalty of 65438+ 0.05% of the total bid price.
Second, the project quality commitment
Our unit will carry out standardized construction in strict accordance with the drawings and the requirements of the supervision engineer. Strictly implement the process self-inspection, inspection and acceptance procedures, and strictly control the procurement and acceptance of materials. Put an end to violations and Jerry-building, ensure the project quality to meet the qualified standards, and strive for excellent projects. If the acceptance of the project fails to meet the eligibility criteria, we will voluntarily accept the illegal economic penalty of 3.05% of the total bid price in addition to the rework cost.
Third, the project department personnel do not change their commitments.
Once winning the bid, we guarantee that the members of the project management team determined in accordance with the bidding documents are in place (including the project manager, project technical director and five members, etc.). ), and they must stick to their posts, and shall not be replaced without the consent of the owner, and the main construction personnel of this project can only be engaged in the construction of this project until the project is completed, otherwise you have the right to terminate the contract, and the losses caused thereby shall be borne by us.
Fourth, the project quality warranty commitment
We strictly abide by the warranty clauses signed in the construction contract and guarantee the quality of this project during the liability warranty period. If there are any quality problems during the responsibility repair period after the completion of the project, we will unconditionally undertake the repair task and all the expenses arising therefrom. If we refuse or fail to make timely repair, or fail to guarantee the repair quality, you have the right to refuse to pay the quality deposit and deduct 3.05% of the bid price as the repair cost and liquidated damages.
Bidder:
Date: XX, XX, XX, XX
Enterprise Commitment 2 Dayi County Local Taxation Bureau:
Our company, registered in Dayi County, Chengdu, now has its own projects, and the projects are not outsourced. The income and cost of this project are included in the company's unified accounting, and the enterprise income tax is declared and paid.
The Company shall be legally responsible for the truthfulness of the above matters.
corporate seal
date month year
Signature of Tax Source Management Office:
Seal of Tax Source Management Office:
Company Commitment 3 Our company solemnly promises:
First, strictly implement the Construction Law, the Bidding Law and other relevant laws, regulations, rules and policies, operate according to law, compete fairly, consciously maintain the order of the construction market, and ensure that government investment projects are clean, efficient, high-quality and safe.
Two, strictly abide by the "Suzhou state-owned investment construction project bidding and related government procurement disciplinary measures (Trial)". In engineering construction activities, be honest and trustworthy, be strict with yourself, and resolutely put an end to serious bad behavior.
Iii. If there is any serious misconduct in the construction activities in violation of regulations, they shall voluntarily accept the corresponding disciplinary action in accordance with the Disciplinary Measures for Bidding and Related Government Procurement of State-owned Investment Construction Projects in Suzhou (Trial).
Name of promisor's unit (official seal of legal person): address of promisor's unit:
Commitment (signature of legal representative):
20xx year month day
Corporate Commitment Chapter IV Whereas: Your company signed the project target contract agreement in (project leader); After careful consideration, our company has decided
Provide joint guarantee for (project leader); And abide by the following guarantee commitments:
I. Scope and duration of guarantee
1, all contracts derived from it.
The whole process (including construction contract, labor contract, purchase and sale contract, lease contract, etc.). ) Our company shall be jointly and severally liable.
Any guarantee;
2. Our company shall bear joint liability for compensation and economic losses (including but not limited to compensation, fines, interest, tort liability, creditor's rights and debts, administrative punishment, travel expenses, legal fees, arbitration fees, lawyer's agency fees, etc.). );
3. The guarantee period is two years after the expiration of the main contract and derivative contracts.
Second, the special agreement:
1, which is within the guarantee scope of our company without our consent;
2. Our company is directly responsible for the safety of collection and payment;
3. According to the situation, your company can directly compensate the personnel investigated by our company;
4. The lawsuit caused by this guarantee and its contents shall be under the jurisdiction of the people's court in the place where your company is registered.
Guarantor: Company (signature or seal)
Legal representative:
(There is no text on this page)
Month and day
Attachment:
1, a copy of the company's business license;
2. The identity certificate of the legal representative of the company;
3, the company's general meeting of shareholders agreed to guarantee the resolution.
According to Article 50 of the Labor Contract Law of People's Republic of China (PRC), "When an employer cancels or terminates a labor contract, it shall issue a certificate of cancellation or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days." Article 19 of the Regulations of Tianjin Municipality on Promoting Employment stipulates: "The employing unit shall, within 30 days from the date of employment, go through the employment registration formalities for the workers at the public employment service institutions; After the employer terminates or terminates the labor relationship with the laborer, it shall go through the filing formalities at the public employment service agency where the employer is located within 15 days from the date of termination or termination. "
At present, due to reasons, our company (company name) has not gone through the formalities of (employment registration/termination of filing) within (employment/termination) (30th/15th), such as being unable to quit the job at the domicile, enjoy unemployment insurance benefits, register for unemployment at the domicile, pay personal expenses at the domicile, and enjoy relevant employment promotion policies during unemployment.
(Company Name) (Official Seal)
date month year
The list of overdue personnel is as follows:
Chapter VI Enterprise Commitment This commitment aims to join the China National Federation of Agriculture, Industry and Commerce. This enterprise voluntarily joined the China National Federation of Agriculture, Industry and Commerce under the premise of following the articles of association and the purpose of the alliance declaration, and developed healthily under the support, help and management of the alliance, making its own efforts for the national economic development. We will obey the leadership and management of the alliance and devote ourselves to the development of the enterprise. We hereby make the following commitments:
1. This enterprise is a legal enterprise officially approved by the State Administration for Industry and Commerce. All kinds of products, services and operations strictly abide by national laws and regulations, and have passed the certification of relevant government departments.
2. The enterprise voluntarily joins the China National Federation of Agriculture, Industry and Commerce, abides by the articles of association of the Federation, abides by the purpose of the declaration of the Federation, accepts the management of the Federation, and actively participates in various patriotic, charitable and public welfare activities organized by the Federation.
3. Abide by business ethics, operate in good faith, and do not manufacture or operate counterfeit and shoddy products.
4. When the bad behavior of this enterprise brings negative effects and losses to the state, society, alliance and other enterprises, it will voluntarily accept the corresponding punishment and bear the economic losses and legal responsibilities.
5. On the premise of putting the interests of the country and the people first, voluntarily accept the protection, support, management, supervision and inspection of the alliance.
Commitment: _ _ _ _ _ _ _
Enterprise name: _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Corporate Commitment Chapter VII [Brief Case]
Fu, a college student, came to Shanghai from other places to look for a job last year. After a hard job search, he applied for a company in Shanghai. When signing the labor contract, Fu encountered a problem: the labor contract was accompanied by a letter of commitment, which read as follows:
After I was hired as a contract employee by XX Company, I understand that if the company is unable to perform some clauses in the labor contract due to actual conditions, I have no objection to voluntarily giving up my rights.
Commitment: ××××××
×××× Year×× Month× Day
Fu was afraid that his legitimate rights and interests would be violated, so he asked if the company had not signed it. The company replied, no, in order to graduate soon and find a job, Fu signed this letter of commitment that will bring trouble in the future. In practical work, Fu has encountered the following situations:
1. According to the provisions on working hours in the labor contract, Party A shall work 8 hours a day, with an average of no more than 40 hours a week. Under special circumstances, Party A has the right to change Party B's rest days.
The actual working hours are eight hours a day, six days a week. 6*8=48 hours
2. Agreement on social insurance in the labor contract: Party A shall pay endowment insurance, unemployment insurance, housing accumulation fund and other relevant social insurance for Party B on time.
But in fact, the company did not pay any social insurance mentioned in the contract.
[Jurisprudence Analysis]
The letter of commitment signed by Fu is an additional clause of the labor contract, but this letter of commitment cannot arbitrarily increase the rights of workers and reduce the obligations of employers, resulting in some clauses of the labor contract being invalid. It can only be said that the letter of commitment is invalid in violation of labor law.
Both the Labor Law and rules of shanghai labor contract stipulate: "The following labor contracts are invalid:
1, the labor contract violates laws and administrative regulations;
2. Labor contracts concluded by fraud or threat. An invalid labor contract is not legally binding from the time it is concluded. If part of the labor contract is confirmed to be invalid, the remaining part is still valid without affecting the validity of the remaining part. "Fraud" here refers to the behavior that one party intentionally informs the other party of false information, or intentionally conceals real information to induce the other party to make a wrong expression of meaning; "Threat" refers to the act of threatening to cause losses to the life and health, honor, reputation and property of citizens and their relatives and friends. And force the other party to make a statement that goes against the true meaning.
Judging from Fu's situation, in the process of signing a labor contract with the unit, if Fu does not sign a letter of commitment, it is equivalent to automatically giving up this job opportunity, and the difficulty of finding a job makes Fu sign a letter of commitment against his will. Fu asked if the unit could not sign it, but the unit said no, which violated the principle of equality, voluntariness and consensus in concluding labor contracts.
In addition to violating the basic principles of concluding a labor contract, Fu's unit also violated the provisions of the Labor Law on daily working hours and weekly working hours. Article 36 of the Labor Law stipulates: "The state practices a working system in which the daily working hours of laborers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours." Paying a certain unit to work 48 hours a week is obviously in violation of the law. However, there are exceptions. Article 39 of the Labor Law stipulates: "If an enterprise cannot implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement this Law for other work breaks with the approval of the labor administrative department." Fu's unit is an advertising company and has no special production characteristics, so it is no exception.
Medium.
As for social insurance, it is an obligation that the labor law clearly stipulates that enterprises must bear, and it has long been the default code of conduct for social enterprises. If you still cheat on it, it will not only damage the personal rights of employees, but also have a negative impact on the whole society. According to Article 100 of the Labor Law, if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; If it is overdue, you can add a late fee. " Shanghai has issued many regulations to strengthen the collection and payment of social insurance premiums, and has set corresponding punishment measures. Therefore, it is illegal to pay a certain unit without paying social insurance premiums.
Based on the above analysis, it can be seen that the letter of commitment signed by Fu and the unit is invalid, but it does not affect the validity of other terms of the labor contract, and the damage caused by the invalid terms to the workers is borne by the employer. Article 97 of the Labor Law stipulates: "If an invalid contract is concluded due to the employer's reasons, causing damage to the laborer, he shall be liable for compensation." Article 54 of the rules of shanghai labor contract stipulates: "If the labor contract is invalid or partially invalid due to the reasons of one party to the labor contract, causing damage to the other party, it shall be liable for compensation."
In order to better ensure the benign operation and development of the enterprise, improve the professional quality and level of the company's service personnel, and create the best economic benefits, as the manager of the company, I follow the following requirements and commitments in my work:
1, and resolutely ensure the normal operation of the department's equipment and facilities and the normal flow of personnel.
2. Strictly and conscientiously complete the business indicators and tasks issued by the company.
3. Strictly abide by the rules and regulations formulated in the company's employee handbook.
4. Provide employment and guidance in strict accordance with the company's job responsibilities, working procedures and service standards.
5. Be good at finding and summarizing problems, communicate and coordinate all kinds of problems in work in time, and avoid or put an end to the further expansion and development of problems.
6. Implement the management principles of vertical management and straight-line communication. We must persist in seeking truth from facts, be objective and fair in dealing with problems, and resolutely put an end to gossiping and malicious slander.
7. Proactive working attitude, diligent in remembering, seeing, hearing, mouth and legs, good at listening to and thinking about the problems and opinions reflected by employees, and constantly putting forward reasonable suggestions for the sustainable development of enterprises.
8. Be able to set an example at work, unite and care for employees, keep abreast of employees' ideological and psychological state, and take timely communication and encouragement measures to encourage employees.
I have read and understood the above contents, and promise to consciously abide by the above regulations in my work. If the above problems occur and cause adverse effects and losses to the enterprise, I am willing to bear any administrative and economic penalties and joint civil or criminal responsibilities given by the company.
Commitment:
Date of signing: