Due to the resale contract between another company and the plaintiff company, I was unable to get the certificate back and cancel my registration after communicating with it for many times.
Let’s see what’s going on.
The effective date of the contract shall be calculated from the publicity date of the construction website.
The defendant Wang is not actually employed to practice and participate in the project.
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Therefore, I communicated with the plaintiff many times about the invalidity of the employment agreement, the return of the material certificate and the cancellation of registration.
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.
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.
Recently, a civil judgment was published on the China judicial documents website.
For this sum of money, although the plaintiff claimed that it was paid by the plaintiff’s company, Yang was the internal staff of the plaintiff’s company and was still working.
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Plaintiff (construction company) claims: 1.
Source: brief introduction to the case of China judicial document network # on “hanging certificate”, in previous cases, builders often sued construction companies to pay “hanging certificate fee”, while it is rare for companies to sue individuals.
According to the judgment, the plaintiff, a construction company in Gansu, sued a constructor to terminate the employment agreement of secondary constructor and refund the “certificate hanging” fee.
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.
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It was a duty act to transfer the money from his personal account to the defendant, and the company also made a reimbursement, 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..
Article 26 a registered constructor shall not commit the following acts: (1) failing to perform the obligations of a registered constructor; （2） In the course of practice, asking for or accepting bribes or seeking other interests other than the fees agreed in the contract; （3） Implement commercial bribery in the course of practice; （4） Sign unqualified documents such as false records; （5） Allowing others to engage in practice activities in their own name; （6） Being employed or practicing in two or more units at the same time; （7） Alter, resell, lease, lend or illegally transfer the qualification certificate, registration certificate and practice seal in other forms; （8） Engaging in practice activities beyond the scope of practice and the business scope of the employing unit; （9） Other acts prohibited by laws, regulations and rules.
Order that the litigation costs of this case shall be borne by the defendant.
The court recognized the basic facts.
It does not participate in the project, hang the certificate and seal.
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.
Request to confirm that the employment agreement for secondary constructor signed by the plaintiff and the defendant is invalid; 2.
Therefore, the employment agreement for secondary constructors signed between the plaintiff and the defendant shall be deemed invalid.
Request that the defendant be ordered to return 47000 yuan to the plaintiff and bear the bank loan interest for the same period until the date of payment; 3.
After Party A helps Party B submit materials and apply for publicity, Party A shall pay the balance of 63000 yuan.
To sum up, 1.
My qualification certificate was registered successfully, but the plaintiff company did not pay the amount agreed in the contract.
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.
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.
2.
In March 2019, I sued the two companies to the Suzhou District Court.
The purpose of signing the secondary constructor employment agreement between the plaintiff company and the defendant Wang is to “hang the certificate” for the purpose of applying for qualification and annual inspection.
However, the plaintiff has not returned the original of my secondary Constructor Certificate and other materials to me so far.
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.
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 court found that: 1.
On January 6, 2019, a construction company in Gansu Province (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.
Facts and reasons: on January 6, 2019, the plaintiff company signed the employment agreement for secondary constructor with the defendant Wang.
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 balance shall be paid uniformly on the 20th-25th of each month.
The defendant (constructor) argued that the defendant argued that: 1.
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).
The plaintiff ignored it and still detained the original of my certificate and the original of the qualification certificate of secondary constructor.
