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Is the responsibility of the constructors greater or that of the supervisors greater?
Please see the penalty imposed on the supervision engineer in Article 31 of the Detailed Rules for Engineering Construction Supervision: "If a supervision engineer violates these Detailed Rules and commits any of the following acts, the administrative department established by the people's government shall confiscate his lawful income, confiscate his post certificate and impose a fine. Engaged in supervision profession under the guise of supervision engineer; Selling, lending, transferring or altering the post certificate of supervision engineer; Part-time job in a unit that affects the fair execution of supervision business. "
"Code for Engineering Construction Supervision" is an industry regulation formulated by the state for supervisors, but there is not a word that the loss threshold of supervision units is formed due to the professional mistakes of supervisors, and there is not a word that "the code is unfounded and not law-abiding". Therefore, there has never been a precedent of imposing sanctions on individuals due to professional mistakes of supervisors in China (except for safety accidents).
The representative of the director is the main responsible person, and you are the secondary responsible person. Your responsibility is professional dereliction of duty and poor supervision.
Article 26 of People's Republic of China (PRC) Labor Contract Law:
The following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(two) the employer exempts itself from legal responsibility and sweeps away the rights and interests of workers;
(3) Violating the mandatory provisions of laws and administrative regulations.
Because the state does not stipulate that the losses caused by individual supervisors' professional mistakes to the supervision company should be compensated by the supervision company, Article 26 of People's Republic of China (PRC) Labor Contract Law applies to the clause of "compensation for the losses caused to the company, 10%~ 100% economic losses" in the labor contract signed between the supervision company and you, "(3) violation of mandatory provisions of laws and administrative regulations".
Your director representative, like you, personally won't compensate for any losses. Because this is a professional mistake, it is not that you both deliberately cut corners with the construction unit after accepting the benefits, otherwise it is another matter. Is this the responsibility of the construction personnel or the supervision personnel? The answer. 959
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