Government-enterprise disputes

The following case talks about a training agreement signed between a school and the Bureau of Human Resources and Social Security. The relevant agreement stipulates that the school will conduct relevant training, and then the Bureau of Human Resources and Social Security will be responsible for declaring the relevant expenses and paying the training fees to the school. However, it was not fulfilled in the end, which involved the implementation of the agreement.

A Chinese school mainly provides skills training for disadvantaged groups and people with disabilities. The school signed a training agreement with the local Human Resources and Social Security Bureau, stipulating that Party B's school will complete the GSP training indicators for the Human Resources and Social Security Bureau. Party A's Human Resources and Social Security Bureau will assist Party B to apply for full training fees in a timely manner based on the number of people undergoing GSP training and assessment and the training fees per person for various occupations during the training period. Afterwards, the school completed the training tasks in accordance with the agreement, and the Bureau of Human Resources and Social Security also applied for financial training subsidies based on the school's training results. However, after the Bureau of Human Resources and Social Security received relevant training subsidies, it has not paid the more than 2 million training fees that should be given to the school. The school can only sue in court.

For situations where performance cannot be performed objectively, are there other corresponding compensation and other measures to deal with it? If it is judged that the agreement cannot be performed, then there is no need to perform the agreement, or if the agreement can be performed, should the administrative agency be required to perform the agreement? This is all based on the provisions of the law and the circumstances of the case, and then the final decision is made.

Because this is a breach of contract and a subjective breach of contract. Knowing that there was an agreement and that the other party had already fulfilled it, and that the Bureau of Human Resources and Social Security should and could fulfill it, he deliberately delayed and failed to fulfill it. In this case, he was asked to give the training money to the school. If it is a failure to perform legal duties, it will be determined that not only training funds but also interest will be paid to compensate for the loss of funds.

When announcing a typical case, the Liaoning Court concluded that the typical significance of the case is that when administrative agencies sign agreements with private enterprises, they should be protected in accordance with the law, and administrative agencies should follow the principles of keeping promises and being honest and trustworthy. When signing an agreement with an administrative counterpart, although the administrative agency has corresponding powers, it cannot breach the contract in bad faith and must abide by the agreement signed with the administrative counterpart.

The school in this case, as the counterparty to the administrative agreement, won the lawsuit and recovered its losses. As business owners, we should promptly take legal measures to safeguard our legitimate rights and interests. From this case, we can see that when encountering administrative litigation and other similar issues, if you have a dispute with an administrative department, you must seek judicial relief in a timely manner, and find a breakthrough to solve the problem and protect your rights and interests through professional analysis and evidence sorting by lawyers. The litigation process may be very difficult and tortuous, but the final result of this case still allows the legitimate rights and interests of the parties to be protected. Lawyer Ying Ting also reminds all parties involved that when encountering such problems, they must consult us in time. After analysis, they should understand the laws and regulations, policy basis, and similar case handling ideas before making a decision, so as not to miss the best opportunity to protect their rights and interests and cause irreparable losses to themselves.