It is illegal to belong to this company. According to Article 79 of the Administrative Licensing Law, if a licensee rents, lends, transfers or resells a license, which constitutes a crime, he shall bear criminal responsibility according to law. Article 81 also stipulates that if engaging in related activities without permission constitutes a crime, it shall also bear criminal responsibility according to law. At the same time, Article 225 of the Criminal Law stipulates that, in violation of state regulations, without permission, it deals in franchised or monopolized commodities or other commodities whose trading is restricted by laws and administrative regulations; Disrupting the market order, if the circumstances are serious or especially serious, constitutes the crime of illegal business operation and should also bear criminal responsibility.
It is illegal for the certificate to be linked. If any certificate is found to be linked, the certificate holder will be subject to administrative punishment, and the certificate will be revoked if the circumstances are serious, such as the linkage of construction-related certificates.
One of the rules for attaching a certificate is to hang the certificate without stamping it: generally speaking, the attached unit is an enterprise or institution with qualification upgrading, qualification updating and qualification guarantee. After the holder (especially the national registration certificate) reaches an agreement with the certificate-using unit to register successfully, the registration certificate (professional title certificate) will be kept by the certificate-using unit, and individuals can borrow it reasonably and return it (such as exams); The practicing seal shall be kept by the individual, and the unit may reasonably borrow and return it.
Certificate attachment refers to the behavior of individuals attaching their qualification certificates to the name of enterprises; If the related person is an employee of the enterprise, the enterprise shall use the certificate correctly; If not, the related party will generally ask the enterprise to pay a certain fee. The specific explanation is:
The 65438+ registration seal is kept by the individual and can be reasonably borrowed and returned by the unit.
2. Signing period: Generally, it is determined according to the practice period of the registration certificate (for example, 3 years for the architect, 4 years for the cost engineer, 3 years for the structural engineer and 2 years for the architect, etc.). ). Enterprises and individuals can inform relevant affiliated consultants of their own situation and make corresponding adjustments; The title certificate is basically signed once a year;
3. Payment method: According to the statistics of transaction data in 2009, 80% of enterprises pay once a year; After successful registration, pay15% in one lump sum according to the signing cycle; 5% is paid monthly, quarterly or semi-annually;
4. About deposit: Some enterprises also call it "advance payment". After the unit signs an agreement with the holder, the holder will mail or directly send the information (including the original) required for the registration of the unit to the certificate user; After receiving the relevant information and the original certificate of the holder, the certificate-using unit pays the corresponding deposit, and after the registration is successful, it will be converted into an affiliate fee; If the registration is unsuccessful due to the personal reasons of the holder, the holder shall return the deposit to the user, and the user shall return the original to the holder within three working days after receiving the deposit returned by the holder.
5. About the affiliate fee: the affiliate fee obtained by the holder of any registration certificate, professional title certificate and qualification certificate is the "after-tax" price.
6. Full reimbursement of expenses: travel expenses, accommodation expenses, lost time expenses, etc. If the cardholder needs to go to the place where the card-using unit is located, it will be fully reimbursed by the card-using unit; During the contract period, the registration certificate, continuing education fee and training fee shall be borne by the certificate user.
7. Integration of multiple certificates: If the holder has multiple certificates, he must belong to the same unit (stipulated by the state). Payment method is not equal to the sum of multiple certificates. According to the validity period of the certificate, the unit pays the affiliated fee, and can pay the affiliated fee with one certificate and several certificates.
8. Do not participate in bidding: Generally, certificates linked to talent certificates are only used for upgrading, renewing or avoiding demotion of enterprise qualifications, not for bidding or hanging projects, not participating in drawing review, etc. If necessary, it will be calculated separately according to the project cost.
9. Social security is calculated separately: In addition to the registration fee, according to the policy of the local personnel department, the enterprise may need to pay social security and other fees for the holder, which are not included in the registration fee.
10. Initial registration and re-registration: the initial certificate is the qualification certificate that has just passed. For enterprises, the registration process is relatively complicated and the approval time is relatively long, but it will not involve the transfer-out procedures of the third company, and the HR working hours are controllable; However, the approval time of the re-registered certificate is only half of the initial certificate, and the re-registered holder has high confidence in the market quotation of the certificate. For these two reasons, the cost of initial registration is generally lower than that of re-registration. (Suggestion: the new holder of the initial certificate suggests upgrading to a re-registered certificate as soon as possible, and finding a company to register first, regardless of the first payment).
1 1. Scope of use of the certificate: limited to the requirements of Party A's enterprise qualification, annual inspection and inspection by competent authorities.
12. Cancellation upon expiration of the contract: In order to prevent the holder's certificate from being successfully retrieved after the expiration of the agreement, generally, after the agreement is signed, the certificate-using unit should prepare the cancellation form (i.e. dismissal certificate) and professional ethics certificate for the holder after the expiration of the agreement, or one to three months in advance; If the holder wishes to transfer the registration, the user shall issue a consent form for transfer.
13. Renewal: Upon the expiration of employment, both parties intend to sign a renewal contract, and the specific conditions will be negotiated by both parties separately.
14. Ways to find business: If you or your friends don't have too many resources around you, you can entrust a regular domestic consulting agency to connect, which may make it easier to hang up; Or you can post on the internet to find it, but it depends on your luck, because the response rate of the enterprise is low.
As can be seen from the above information, the certificate linking agreement is not protected by law, that is, the certificate linking behavior is illegal.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 26 of the Building Law of People's Republic of China (PRC).
Units contracting construction projects shall hold qualification certificates obtained according to law and undertake projects within the business scope permitted by their qualification grades. Construction enterprises are prohibited from exceeding the business scope permitted by their qualification grades or contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form.
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.