How to set penalties for breach of contract for security and cleaning service outsourcing contracts of property companies

With the subdivision of property services, the outsourcing of security and cleaning services is more common, the so-called professional subcontracting to undertake professional services, but in the process of special service outsourcing business, there are many breaches of contract, and the penalty clauses in some outsourcing service contracts are not clearly stipulated or the operability is not strong, resulting in disputes in the implementation of service outsourcing contracts.

In order to avoid disputes and enhance the operability of service outsourcing contracts, it is necessary to analyze the breach of service contracts, the causes of them, the prevention and the operability of penalties.

In fact, punishment is not the goal, through the contract is the focus, so that both parties to the outsourcing service understand the quality and requirements of the outsourcing service and the responsibility for the situation that obviously does not meet the service quality requirements.

1. Default in outsourcing services

1. Eat empty pay

(1) Whether it is security or cleaning, the number of people who are not in accordance with the contract is a common disease, behind which is low-price competition or irrational budget of the contract issuer, and the head fee of compliance should include the minimum wage standard, five insurances and one gold, high temperature fee and tax. (2) Counting the number of people through military shifts is a routine operation of the contract issuing party, but it is generally once per shift, and the supervision personnel of the frequent contract issuing party may not be able to complete it, or even cheat. (3) It is more difficult for cleaners to control the head, especially those projects that undertake both the cleaning of large property areas and the cleaning of small property sets.

2. The annualized turnover rate is higher than the industry average

(1) The turnover rate of on-site security guards of security service providers is higher than that of cleaning, and the newly established companies are higher than the old companies.

(2) The high turnover rate of personnel, like a moving light, leads to business training is too late and the scene situation is unfamiliar, and it is most likely to be exposed in the process of emergency disposal.

(3) The consequence of hiring summer workers during winter and summer vacations, and hiring at a low price is that both parties are short-term acts.

3. The on-site service quality is obviously insufficient

(1) Lack of business training, no on-site management and help, put down the hoe on the job, even treat people and things are the country's set, some security guards, cleaners have not even seen the elevator, let alone grooming. (2) Employing people who are nearly sixty or even retired as on-site service personnel, old eyes, poor memory, and the work just assigned by the foreman, as soon as they turn around, they forget. (3) The outsourcing service contract only stipulates the frequency of service, but does not stipulate the quality of service, resulting in low quality of on-site service.

4. Complaints

(1) Unfair distribution, deduction of overtime pay, low salary and other corporate behaviors lead to short-term behavior of on-site security guards or cleaners, and transmission to on-site service operations leads to complaints. (2) Insufficient training in business operations, resulting in complaints caused by the indiscriminate behavior and inaction of the on-site security guards or cleaners. (3) Rush to shake the pot when handling complaints.

5. Emergency disposal

(1) The so-called prevention is in the first place, emergency is the disposal after the incident, such as the illegal decoration within the scope of the fireproof partition roller shutter door in the shopping mall, and the daily inspection is ignored, after the fire, because the fire roller shutter door did not fall to the end, resulting in the expansion of the fire accident, which seems to be an emergency disposal problem, but in fact, it is also the quality of daily security services. (2) There is no emergency plan, or the emergency plan is not targeted and operable, and the reason behind it is "a big copy of the world's article". (3) Even if there is an emergency plan, but there is no drill, the rules and regulations are useless, just "hanging on the wall" thing. (4) There are both plans and drills, but there is no assessment and review, "one trick is fresh to eat all over the sky", - the unchanged plan is not consistent with the actual situation of the changed scene. (5) The security guard has no obligatory fire brigade, no miniature fire station, and no medical kit for cleaning.

6. Records are fraudulent

(1) Consumables such as hand towels, cushion paper, roll paper, hand sanitizer, disinfectant, mops, rags, garbage bags, umbrella covers, etc. are fraudulent in the cleaning consumption records. (2) Security and cleaning service frequency records are fraudulent. (3) Recording more than a reasonable time, generally agreed that more than 15 minutes per period of time is a breach of contract.

7. Suspected civil cases

(1) Take the sheep by the hand. Security guards or cleaners who see items that do not belong to them during on-site service take them for themselves. (2) If you find something, you will not hand it over. The act of picking up something in the public area, failing to hand it over to the property service center in time, and going through the registration procedures is generally a breach of contract by more than 4 hours from the time point when the things are picked up. (3) Theft. Within the scope of the Service Project, the act of moving, covering and hiding items that do not belong to you is a breach of contract. (4) Ask for items. An act of soliciting gifts, money, vouchers, and other benefits from a customer to be served is deemed to be a breach of contract.

8. Suspected criminal cases

(1) Killing. Acts that are determined by the police to be harmful to the lives of others.

(2) Set fire. Taking advantage of one's position to set fires or deliberately ignoring or failing to report signs of fire within the scope of service items.

(3) Sexual assault shall be determined by the police.

(4) Harassment, as determined by the police.

(5) Sexual harassment shall be determined by the court.

9. Service equipment

(1) Failure to configure service equipment as agreed in the contract. (2) The service equipment configured according to the contract is invalid, subject to actual measurement or actual use; or exceeds the validity period of the service equipment factory certificate. (3) Use of service equipment that exceeds the contractual service life.

Second, the penalty for breach of contract must first have the service commitment and its quantitative indicators in the signed contract

1. Security service contract

(1) Turnover rate of employees. (2) Check the allocation and work and rest time of posts such as posts, mobile posts and management posts. (3) Gender priority and proportion. (4) Age restrictions. (5) Veteran background and party member background are preferred. (6) Grooming instrument. (7) Treat people and things. (8) Service quality standards. (9) Employee practice license (including induction certificate, health certificate, etc.). (10) Employees have similar project experience. (11) Employee academic certificate. (12) Security service equipment category, brand, model specifications, service life, etc.

2. Cleaning service contract

(1) Employee turnover rate. (2) Gender priority and proportion. (3) Age restrictions. (4) Grooming instrument. (5) Treat people and things. (6) Service quality standards. (7) Employees have similar project experience. (8) Employee academic certificate. (9) Employee practice license (including health certificate, etc.) (10) Cleaning service tools category, brand, model specifications, service life, etc. 3. Other terms should be agreed upon according to the specific circumstances of the project under its jurisdiction

3. Penalty clauses

1. The liquidity rate is higher than the industry average

(or expressly agree on an annualized rate of 50%), how many times, how much is deducted, and the cumulative number of monthly times exceeds 2 times is a default, etc.,

2. How much the gender ratio, age limit, etc. exceeds the agreed amount, how much is deducted, and the cumulative number of monthly times exceeds 2 times is a breach of contract."

3. If the number of complaints exceeds 1 time per month, the cumulative number of monthly complaints exceeds 3 times, it is a breach of contract, etc."

4. If the record is wrong or false more than 3 times a month, it is a breach of contract

5. The on-site service quality has obvious needs to be rectified, and the number of monthly rework exceeds how much, it is a breach of contract

- Originally published in Housing and Real Estate)

-Original title: "Penalty Clauses for Breach of Contract for Outsourcing of Security and Cleaning Services"

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