For enterprises, the employee handbook is equivalent to the "fundamental guidelines" of internal management - it is not only an important basis for agreeing on the rights and obligations of both parties, but also the core bargaining chip for enterprises to advocate legal management and protect their rights and interests in labor disputes.

Legal Provisions：Article 19: Construction projects shall be awarded through bidding in accordance with law, and direct contracting may be adopted for those not suitable for bidding.

Legal Provisions: Article 24 Where several construction contracts entered into by the parties in respect of the same construction project are all invalid, but the quality of the construction project is up to standard, if one party requests compensation to the contractor by converting the price with reference to the agreement on project price in the actually performed contract, the people's court shall support such request.

Affiliated operation is common in industries such as construction engineering and transportation. Usually, individuals or entities without corresponding qualifications engage in business activities by borrowing the name of the affiliated party.

Affiliation is a relatively common phenomenon in the construction industry. Affiliation behaviors disrupt the normal order of the construction market, and the most crucial issue that easily triggers disputes among them is the problem of project quality. Once quality problems occur, how should the liability be borne? This is not only related to the healthy development of the construction industry but also closely linked to the safety of people's lives and property.

Article 43 of the "Judicial Interpretation (I) on Construction Engineering Contracts" stipulates: "Where an actual constructor initiates a lawsuit against the subcontractor or illegal subcontractor, the people's court shall accept the case in accordance with the law.

In a rapidly changing business environment, HR managers often need to find a balance between efficiency and compliance. However, some seemingly "efficient" or "flexible" operating habits may put enterprises at unnecessary legal risks. Based on our practical experience in handling a large number of labor dispute cases, we have identified the seven key mistakes that HR is most likely to make in employment management, along with compliance guidelines.

As a supplementary form of flexible employment of enterprises, labor dispatch can meet the phased and seasonal employment needs to a certain extent. However, in practice, in order to reduce labor costs or avoid the management burden of formal employment, some enterprises use labor dispatch as a means to replace the basic employment system, break through the legal "three sexes" job restrictions, and use dispatched workers in an excessive manner.

From a legal perspective, in accordance with the provisions on the relativity of contracts in the Civil Code of the People's Republic of China, a legally established contract is only legally binding on the parties thereto. When an affiliate enters into a contract with a counterparty in their own name, the parties to the contract are clearly the affiliate and the counterparty.

In summary, there are many controversies and uncertainties in legal provisions and judicial practice regarding whether the affiliated person can claim the project price from the employer and whether they have the priority right to be compensated for the construction project price when the employer knows that the affiliated person is borrowing qualifications.

In the field of construction engineering, the phenomenon of affiliation is not uncommon, and the resulting legal disputes are also increasing. Among them, whether the affiliated person can claim the project price from the affiliated person based on Article 43 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Construction Contract Disputes (1) (hereinafter referred to as the "Judicial Interpretation of Construction Engineering (1)") frequently occurs in practice.

In labor dispute cases, overtime pay claims are one of the most frequent types and can easily lead to group imitation - as long as one employee's claim is successful, multiple employees often follow up to defend their rights. This confuses many business managers: obviously the company has paid "overtime subsidies", or made it clear in the system that overtime pay is "lump-wrapped" calculation, but when it comes to arbitration litigation, it still repeatedly loses the lawsuit and has to pay a huge amount of overtime pay difference.