1. Is it legal to call a labor service company?
Affiliation is illegal.
1. Legally speaking, affiliated operation is essentially the behavior that some natural persons and partnership organizations use the independent personality and qualifications of enterprise legal persons to evade the requirements and restrictions of national laws and policies on a certain industry and engage in business activities by using certain qualifications of affiliated enterprise legal persons. In this sense, affiliated management is actually an "illegal" behavior.
2. According to Article 43 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), if an individual industrial and commercial household, individual partnership or private enterprise is affiliated with a collective enterprise and engages in production and business activities in the name of the collective enterprise, in the lawsuit, the individual industrial and commercial household, individual partnership or private enterprise and the affiliated collective enterprise are the same litigant.
3. According to Article 52 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the lender and the borrower are the same litigant if they borrow a letter of introduction, a special seal for the contract, a sealed blank contract or a bank account.
Since related parties allow others to benefit from affiliated operations, they naturally have to bear the necessary legal consequences and risks.
Second, the characteristics of the link
1, qualification
For example, a large number of contractors or enterprises have mastered certain social relations resources. They either have no construction qualification at all, or only have professional subcontracting qualification or labor subcontracting qualification, or only have low-level general contracting construction qualification, so they can't participate in the project bidding that only high-level qualified construction enterprises can be shortlisted.
2. Ability
The affiliated construction enterprises have the qualification certificates suitable for the requirements of construction projects, but they often lack the ability to undertake projects, or even if they have the construction ability, because of the black-box operation of a large number of project bidding, the probability of bidding and winning the bid by themselves is almost zero, so the construction enterprises need to "cooperate" with powerful and related affiliated enterprises.
3. expenses
The bid bond that needs to be paid by affiliated enterprises in the bidding process, the performance bond or bank performance guarantee that needs to be paid after winning the bid shall be raised by the affiliated persons and paid in the name of the affiliated enterprises.
The affiliated person shall pay a certain amount of "management fee" to the affiliated construction enterprise, and bear the salary of several management personnel stationed in the construction site by the affiliated enterprise. Once the affiliated construction enterprise reaches a so-called cooperation agreement with the affiliated person, the affiliated enterprise will conclude a general construction contract in its own name and go through the relevant procedures, but the affiliated enterprise basically does not manage the actual construction activities, or the so-called "management" only stays in the form, and often sends a few managers symbolically. The cooperation agreement signed by both parties must stipulate that the affiliated enterprise shall not bear the responsibility for the construction period, quality and safety of the project, and the affiliated person shall be responsible for its own profits and losses.
Third, the legal consequences of affiliation
1. Analyze the attributes and consequences of affiliation from the perspective of administrative law.
Under the condition of market economy, some market subjects must obtain relevant qualifications before they can enter the market to engage in business activities, so as to realize the orderly and standardized market.
The state examines the qualifications of market participants through administrative licensing. Market entities that meet certain industry requirements are allowed to enter the market, and those that do not meet certain industry standards are not allowed to enter the market, effectively preventing economic organizations that do not have qualifications or production and operation conditions from engaging in this economic activity, effectively protecting consumers' legitimate rights and interests from infringement, and preventing acts that undermine trading order such as unfair competition.
The affiliated operation is precisely the evasion and violation of administrative review. Without qualification, related parties engage in market activities in the name of related enterprises, which will seriously disrupt the market order. Therefore, affiliated operation is illegal in administrative law, and the administrative organ shall impose administrative penalties on affiliated units and affiliated units.
2. Analysis of the attributes and responsibilities of civil law.
Affiliation means that the affiliated person engages in civil legal acts in the name of the affiliated person. Since it is engaged in civil legal acts in the name of the related party and obtains the consent of the related party, the legal consequences arising therefrom should be borne by the related party.
The above is the relevant answer about whether the affiliated labor service company is legal or not. You can read this article carefully and make a wise judgment based on your own reality. I hope the answer can help you.