Legal, as long as you don't deduct your salary and ensure your own interests.
The legal relationship of labor outsourcing is regulated by the relevant laws of the Civil Code, which is generally subject to the agreement of both parties. Matters needing attention in labor outsourcing:
The contractor shall have the corresponding labor contract qualification, employment qualification and safety production conditions.
Generally speaking, in practice, legal entities that have obtained contracting qualifications have passed the safety production review of administrative organs. Enterprises should pay attention to the validity of the contract within the validity period of the unit qualification. Once the qualification of the contractor is revoked by the administrative organ, the enterprise shall terminate the labor outsourcing contract in time.
The construction outsourcing contract shall pay the project price in full and on time.
For the outsourcing of construction projects, according to the provisions of China's construction laws, the employer should be responsible to the actual constructor within the scope of unpaid project price. Therefore, the enterprise should pay the project payment to the contractor in full and on time according to the project outsourcing contract, otherwise, when the actual constructor is damaged, the employer can be listed as the defendant, and the employer will bear the corresponding liability for compensation.
Job site safety and production facilities and equipment safety.
When signing a contract, it may be agreed that the contractor shall be responsible for the necessary safety protection at the job site, and the contractor shall prepare the facilities, equipment and safety protection appliances required for the operation.
Second, what should I pay attention to when contracting the canteen?
1, contract payment.
2. Contract time.
3. What is the discount for canteen equipment?
4. What is the business restricted by Tang?
To be precise, "contracting" should be called "contract management", which refers to the behavior that an enterprise enters into a contract with a contractor, and all or part of the "management right" of the enterprise is handed over to the contractor within a certain period of time, and the contractor manages the enterprise, bears operational risks and obtains enterprise benefits.
Contracting is only a supplementary measure of enterprise management, and it cannot destroy or change the original enterprise or create a new enterprise, nor can it change the legal person status, name and business scope of a joint venture. There is a contractual relationship between the contractor and the contracting enterprise.
The contracting operation can be carried out through public bidding, or the joint venture company can directly sign a contracting operation agreement with the contractor according to the resolution of the board of directors. During the contracted operation period, the debt balance of the joint venture shall not exceed the total contracted profits of the year.
Contracting operation is only a supplementary measure to solve the losses caused by poor management of some enterprises, and can only contract the after-tax profits of the contracted enterprises, so it is not allowed for all parties to invest in enterprises to sign contracts only for management or profits.
Third, what documents do you need to contract the canteen?
Required documents:
1, valid industrial and commercial business license and various national and local tax certificates;
2. Catering service license;
3, food hygiene and safety administrator certificate;
4. Chef grade certificate and personnel health certificate.
Required qualifications (strictly speaking, this is not necessary, but priority can be given)
1, a company or private person with operational capacity;
2. Have a certain management reputation;
3. The original contractors and individuals who passed the evaluation during the contract period;
4. catering service enterprises that have passed ISO certification are preferred.
Required documents:
1, canteen contract bidding documents;
2. The contractor shall formulate a specific plan for contracted management of the canteen;
3. Both parties sign the canteen contract management agreement (contract).
Strictly speaking, professional canteen contracting companies will also apply for a "fire safety license". According to the regulations, it is necessary to apply for a fire safety license from the fire department before opening the business, and it is necessary to apply to the jurisdiction where it is located during renovation.
The above is a detailed introduction about the legal outsourcing of school canteens. To sum up, I remind you that canteens in schools and many administrative units across the country are basically contracted out. As for the specific content of the school canteen contract, there is no uniform provision in the country.