The plaintiff believed that the employment agreement for secondary constructor signed by both parties and the agreed act of attaching the defendant’s registered Constructor Certificate to the plaintiff’s company were serious violations, so he appealed to the court for judgment as requested.
The plaintiff, a construction company in Gansu, sued a constructor and asked him to refund the fee of “hanging the certificate”.
It was a duty act to transfer the money from his personal account to the defendant, and the company also made a reimbursement for the payment, but the plaintiff did not provide evidence to prove it within the time limit given by the court again, and he should bear the legal consequences of failing to provide evidence.
For the plaintiff’s claim that the defendant Wang should return the charged 47000 yuan based on the invalid agreement and pay interest according to the loan interest rate of the bank in the same period, the defendant Wang argued that the plaintiff’s company did not pay the fee, and the transfer claimed by the plaintiff was the transfer of Yang, an outsider, and the amount should be 27000 yuan.
This act violates the provisions of item (7) of Article 26 of the regulations on the administration of registered constructors (2016 version of the compilation of legal letters).
Defendant: Wang Mou, female, Han nationality, lives in Xi’an, Shaanxi Province.
Remarks: the employment contract and labor contract of secondary constructor (certificate) signed by Party A and Party B are actually that Party B registers secondary constructor and other certificates with Party A’s company for use.
5778 plaintiff: Gansu Lian * Construction Engineering Co., Ltd.
Since then, the plaintiff has paid the defendant 47000 yuan, but the defendant did not register the professional certificate of construction with the plaintiff company.
However, the plaintiff has not returned the original of my secondary Constructor Certificate and other materials to me so far.
Facts and reasons: on January 6, 2019, the plaintiff company signed the employment agreement for secondary constructor with the defendant Wang.
● on May 20, 2019, without authorization and in violation of the contract, the company resold my certificate and relevant materials to another construction company, and the plaintiff’s behavior constituted breach of contract and infringement.
The plaintiff Gansu Lian * Construction Engineering Co., Ltd.
The purpose of signing the employment agreement for secondary constructor between the plaintiff company and the defendant Wang is to “hang the certificate” for the purpose of applying for qualification and annual inspection.
● the case acceptance fee shall be halved and charged 488 yuan, which shall be borne by the plaintiff company.
Recently, a civil judgment was published on the China judicial document network.
The plaintiff ignored it and still detained the original of my certificate and the original of the qualification certificate of secondary constructor.
Source: China referee document network × When it comes to the “hanging certificate”, we are familiar with the case that the constructor sues the construction company for “compensation”, but the case that the company sues the individual is rare.
To sum up: 1.
On January 6, 2019, the plaintiff a construction company in Gansu (Party A) and the defendant Wang (Party B) signed the employment agreement of secondary constructor, which agreed that both parties reached a cooperation intention on the use of Party B’s practice certificate of secondary constructor highway specialty, Party A was responsible for the registration business, and Party B provided its own professional certificate.
Although the plaintiff claimed that the payment was made by the plaintiff’s company, Yang was an internal employee of the plaintiff’s company and was still in office.
Li Mou, the entrusted agent ad litem of the plaintiff Gansu Lian * Construction Engineering Co., Ltd., and Kang, the entrusted agent ad litem of the defendant Wang, attended the court..
Therefore, the employment agreement for secondary constructors signed between the plaintiff and the defendant shall be deemed invalid.
The defendant Wang is not actually employed to practice and participate in the project.
3.
and the defendant Wang was invalid; ● reject other claims of the plaintiff company.
The balance shall be paid uniformly on the 20th-25th of each month.
● due to the resale contract between another company and the plaintiff company, I was unable to get the certificate back or cancel the registration through repeated communication.
03 the court found the basic facts 1.
● in March 2019, I sued the two companies to the Suzhou District Court.
2.
After Party A helps Party B submit materials and apply for publicity, Party A shall pay the balance of 63000 yuan.
01 plaintiff’s (construction company’s) lawsuit request ● request to confirm that the employment agreement for secondary constructor signed by the plaintiff and the defendant is invalid; ● request the defendant to return 47000 yuan to the plaintiff and bear the interest of bank loan in the same period until the date of payment; ● order that the litigation costs of this case shall be borne by the defendant.
Party B shall be responsible for Party B’s work attendance, pension, medical insurance and personal safety in the third party, which has nothing to do with Party A, and Party A shall not perform any obligation or bear any responsibility; It is only limited to qualification upgrading and maintenance.
and the defendant Wang confirmed the dispute over the validity of the contract.
2.
The effective date of the contract shall be calculated from the publicity date of the construction website.
Therefore, I communicated with the plaintiff many times about the invalidity of the employment agreement, the request for the return of the material certificate and the cancellation of registration.
04 the court ruled that the employment agreement for secondary constructor signed by the plaintiff Construction Engineering Co., Ltd.
05 original judgment civil judgment of people’s Court of Suzhou District, Jiuquan City, Gansu Province (2021) Gan 0902 min Chu No.
Entrusted agent ad litem: Kang (husband of Wang), male, Han nationality, living in Xi’an, Shaanxi Province.
Legal representative: Li Mou 1, general manager.
Entrusted agent ad litem: Li 2, lawyer of Gansu mingruifa law firm.
It does not participate in the project, hang the certificate and seal.
After the case was filed, the court applied the summary procedure according to law and held a public hearing.
After Party A confirms that Party B’s materials can be used, Party A shall pay a deposit of 7000 yuan and issue a material receipt.
Party A only uses the certificate for qualification application and annual inspection; The annual employment salary is 23300 yuan, the total employment salary is 70000 yuan, and the employment period is 3 years.
02 the defendant (constructor) argued that ● on January 6, 2019, I signed the employment agreement for secondary constructor with Huo, the general manager of the plaintiff company, and handed over my original graduation certificate, original ID card, letter of commitment and xuexin.com certificate to Huo.
After the lawsuit, another company voluntarily terminated the registration relationship with me and cancelled the registration on the system.
● my qualification certificate was registered successfully, but the plaintiff company did not pay the amount agreed in the contract.