Problem description:
Construction contract
Analysis:
labour contract
Labor contracts can be divided into different categories according to different standards. Common categories are:
① Employment contract
Employment contract is a kind of employment contract, which refers to a contract in which the employer and the employee conclude labor relations and determine rights and obligations when recruiting new employees from the society for the purpose of employee recruitment. The employment contract is mainly applicable to the employer's recruitment of on-the-job and full-time workers with specific technical expertise as full-time or * * * technical professionals or managers. For example, some units or enterprises employ foreign or local technical experts, legal workers and senior managers. Use high salary to improve the operation of local areas or enterprises, or provide specific services for their enterprises.
② Employment contract
Employment contract refers to the labor contract concluded by the employer for long-term employment of workers, such as the employment agreement for college students. It is a contract type used by employers when recruiting new employees or renewing contracts in society. Its content stipulates general labor rights and obligations, and it is the basic type of labor contract.
③ Secondment contract
Secondment contract refers to a contract signed between the seconded unit, the seconded unit and the seconded personnel to transfer the employees of one employer to another unit for a short period of time, and to determine the rights and obligations of the three parties. Secondment contracts are generally applicable to situations where seconded units are in urgent need and temporary. In this kind of contract, the seconded unit generally pays the labor remuneration and welfare benefits of the seconded personnel.
④ Leave without pay contract
The contract of unpaid leave refers to the contract signed by the employee and the employer in order to leave the original post within a certain period of time. In the unpaid leave contract, the employee continues to retain the identity of the original employer, but does not work in the original employer. The original employer stopped paying the workers.
technology contract
A technology contract is an agreement with clear and complete obligations between equal parties on technology development, technology transfer, technical consultation and technical services.
There are many kinds of technology contracts, and they often overlap each other. According to the characteristics of scientific and technological research and development activities and the rights and obligations of the parties, the contract law divides technology contracts into four categories: technology development contracts, technology transfer contracts, technology consulting contracts and technical service contracts. Here is a brief introduction to these four technical contracts.
Technology development contract:
A technology development contract refers to a contract concluded between the parties on the research and development of new technologies, new products, new processes or new materials and their systems. The subject matter of a technology development contract is creative and novel.
Technology development contracts are divided into entrusted development contracts and cooperative development contracts.
A commissioned development contract refers to a contract in which one party entrusts another party with research and development. Specifically, the entrusting party pays R&D funds and remuneration, provides technical materials and original data, completes cooperation matters and receives research results as agreed. The entrusted party, that is, the research and development party, formulates and implements the research and development plan according to the agreement, rationally uses the research and development funds, completes the research and development work on schedule, delivers the research results, provides relevant technical data and necessary technologies, and helps the entrusting party master the contract of research and development results.
Unless otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent, the customer can use the patent for free.
A cooperative development contract refers to a contract concluded by the parties for joint research and development. Specifically, it refers to the agreement that two or more citizens or legal persons, in order to complete a certain research and development work, all parties concerned * * * jointly invest, * * * participate in the research and development, * * * enjoy the results and * * * bear the risks. If one party provides cash, equipment, materials, venues and other material conditions to undertake auxiliary cooperation matters, and the other party mainly carries out research and development work, it shall be handled in accordance with the entrusted development contract.
Unless otherwise agreed by the parties, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, under the same conditions, the other parties have the priority to be assigned. If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
Technology transfer contract:
Technology transfer contract refers to the contract concluded by the parties on the transfer of patent right, patent application right, technical secret and patent exploitation license. The object of a technology transfer contract is the existing, specific and mature technological achievements.
Technology transfer contract includes patent right transfer contract, patent application right transfer contract, technology secret transfer contract, patent licensing contract, technology import contract, etc.
Technical consulting contract:
Technical consultation refers to that professional and technical personnel provide the best or several alternative decision-making schemes for clients or answer their questions by using scientific methods and advanced means according to their own knowledge, experience, ability and information through investigation, research, analysis, evaluation and prediction. Technical consulting contract is a contract concluded by professional and technical personnel as the trustee to provide feasibility study, technical prediction, special technical investigation and analysis and evaluation report for a specific technical project. Technical consultation contracts are independent contracts, including technical consultation contents in technology development contracts, technology transfer contracts and other contracts. The relevant provisions of the technical consulting contract cannot be used, but the relevant provisions of the contract to which it belongs should be applied.
The parties may stipulate in the technical consultation contract the acceptance or evaluation method of the consultation report and advice. It is up to the client to decide whether and how to adopt the consulting report or opinion of the consultant. Unless otherwise agreed in the contract, the trustee shall not be responsible for the losses suffered by the client due to the execution of the consulting report or opinion. The principles of ownership and sharing are as follows: (1) Who will complete the technological achievements derived or developed in the future besides fulfilling the contractual obligations; Allow the two sides to reach a special agreement.
Technical service contract:
Technical service contract refers to a contract concluded by one party to solve a specific technical problem for the other party with technical knowledge, excluding construction project contracts and contracting contracts.
Technical service contracts can be divided into auxiliary technical service contracts and contracts for imparting and transmitting scientific and technological knowledge and information. The former includes product design contract, process preparation contract, experimental analysis contract and computer programming contract, while the latter includes technical training contract and technical intermediary contract.
Compared with the other three types of technical contracts, technical service contracts have their own characteristics. The technical knowledge used by the service provider is the existing technology, excluding the development of technological achievements, patented technology and proprietary technology. There is no transfer of technical ownership, and there is no need to agree on the ownership and sharing terms of technical achievements, and it is responsible for the implementation results.
sale
According to the nature of their sales contracts, they can be roughly divided into four categories: industrial and mining products sales contracts, agricultural and sideline products sales contracts, international goods sales contracts, and intellectual property sales contracts (intellectual property contracts are elaborated in detail in technical contracts):
(1) Sales Contract of Industrial and Mining Products
(1) supply contract: it is mainly a contract signed by the state to distribute materials and commodities in a systematic and planned way or between two parties for the needs of production and life. Generally signed according to the annual plan, the supply contract can be divided into order contract and supply contract;
(2) Production and marketing contract: This kind of contract mainly refers to the contract signed by the buyer and the seller for buying and selling industrial products (or commodities). According to the relationship between buyers and sellers, it can be divided into consignment contract, exclusive sales contract, purchase contract and negotiation purchase contract.
(3) Purchase contracts and promotion contracts: Purchase contracts are mainly concluded with suppliers for the needs of production and business activities by economic organizations such as industry, commerce and agriculture. This is from the demand side. If it is a contract signed by the above-mentioned units to promote the materials they produce and operate, it is called a sales contract.
(4) Cooperation contracts: mainly contracts concluded between enterprises for the production of products, in which one party cooperates to supply parts and components of the other party's products, and contracts concluded between economic organizations on the condition of mutually supplying their own products;
⑤ Adjustment Contract: It is a contract signed by the department of materials and industry and commerce to adjust the surplus and shortage of raw materials, equipment and commodities. (Such contracts are generally conducted through organized and led meetings and consultations).
(2) Sales contract of agricultural and sideline products
In order to further invigorate the rural economy, starting from 1985, except for a few varieties, the state no longer gives farmers the task of unified purchase and distribution of agricultural products. According to different situations, contract ordering and market procurement are implemented respectively. After the cancellation of unified acquisition, multi-channel linear circulation will be implemented, and agricultural products management, processing and consumption units can directly sign acquisition contracts with farmers. Farmers can also actively negotiate and sign sales contracts with relevant units through cooperative organizations or the establishment of producers' associations.
The main types of contracts are:
① Purchase contract: generally speaking, it refers to the contract signed by the supply and marketing department, the grain department and the commercial department with farmers to reach an agreement on the variety and quantity to be ordered before the sowing season (such as fruit production and sales contract, fruit ordering contract, vegetable production and sales contract, fresh fish purchasing contract, cotton ordering contract, grain and oil ordering contract, etc.). ).
After signing this kind of contract, the buyer usually pays a certain amount of deposit to the supplier as a guarantee. If the buyer breaches the contract, he has no right to demand the return of the deposit. If the supplier breaches the contract, it shall double the deposit. This is a common form of planned acquisition of agricultural and sideline products in China.
(2) Redemption contract: refers to the contract signed by the supply and demand sides in order to exchange the needed goods and adjust the surplus and deficiency. For example, the timber purchasing department can use some means of production to purchase some timber from collective forest areas or forest farmers in the form of exchange contracts.
(3) Joint contract: mainly refers to the contract concluded between the national commercial department and agricultural production units or farmers, such as: the commercial department supplies means of production (fertilizers, pesticides, films, agricultural machinery, etc.). ) According to the contract, agricultural production units or farmers sell agricultural and sideline products according to the contract (generally adopted when the state purchases some important agricultural and sideline products); Another example: food companies supply feed grain when they buy pigs; The grain department buys rice and wheat, giving priority to the supply of chemical fertilizer and plastic film;
(4) Purchase and sale contract: mainly refers to the purchase and sale contract signed by the commercial department and the producer through negotiation and bargaining (generally refers to the purchase and sale contract of agricultural and sideline products (such as walnuts and peppers) with great changes in production and sales); Or agricultural and sideline products purchased by commercial departments at negotiated prices, and then sold to business units and users through negotiation and bargaining.
But found
Construction contract jzrj/jzjs/hetong/200506/1249