Yes, both parties can sign an enterprise contract, which is a legal form for enterprises to improve the contract economic responsibility system. According to the principle of separation of ownership and management rights and combination of responsibility and rights, it is an agreement that the employer contracts the management right of the enterprise to the enterprise operators to operate independently in an appropriate way, and the contractor contracts the tasks such as handing in profits to the employer, thus clarifying the mutual rights.
Second, the characteristics of enterprise contract management
1. Enterprise contracting operation is a legal act.
The conclusion of a contract must abide by the law, and once a contract is concluded, it is immediately protected by law. The employer and the contractor shall enjoy the rights and perform the obligations stipulated in the contract. If either party fails to perform its obligations, it shall bear legal responsibility.
2, enterprise contract management contract is also referred to in the traditional civil law contract.
An enterprise contract is an agreement reached by the employer and the contractor on the basis of consensus.
3. The relationship between the parties to an enterprise contract is special.
Although the employer and the contractor of an enterprise contract have administrative subordination, they have equal legal status when signing an enterprise contract.
4. The subject of enterprise contract is special.
The main body of an enterprise contract is the competent department of the enterprise (the competent department of a national enterprise is the relevant department designated by the people's government, and the competent department of a collective enterprise is the department that started it) and the enterprise. The subject is specific, one is the enterprise, and the other is the owner or manager of the enterprise. This makes the enterprise contract different from other contracts in subject.
5. The object of enterprise contract is special.
The object of legal relationship is also the object of the subject's rights and obligations. The object of the rights and obligations of the subject of an enterprise contract is enterprise property. The property here includes both fixed assets such as factories and equipment and current assets such as raw materials, as well as intangible assets such as corporate reputation, product trademarks and patents.
6, the enterprise contract only transfers the management right of enterprise property, not the ownership.
In the enterprise contract, the employer gives the enterprise the right to manage the property, that is, the right to dispose of possession, use, income and operation, but does not give the enterprise the ownership of the property.
7, enterprise contract management contract is a two-way contract.
In the enterprise contract, the employer enjoys the right to collect profits and the contractor enjoys the right to operate the enterprise property; The employer has the obligation to deliver the property management right, and the contractor has the obligation to hand in the profits and complete the technical transformation.
Three. Is the transfer of the company's management right legal?
The transfer of the company's management rights belongs to market transactions and generally does not violate the provisions of laws and regulations. The transfer of the company's management right and the change of the owner do not affect the existence of employee labor relations, so the employee's consent is not required.