Study On The Legal Problems Of Affiliated Enterprise And Borrows The Internal Labor Assignment

With the development of the implementation of modern enterprise system and the capital market, related enterprises has become our concept for having heard it many times. However, related enterprises appeared a series of problems in the labor, focus on:how to identify the assignment in the associated enterprise workers and the use of labor relations, how to expatriate in related enterprises internal workers and continuous service use and continuous working time calculation problem how to equal pay for equal work and workers in related enterprises internal assignment. China’s current labor and social security laws and regulations is the single enterprise is the basis of the existing legal norms, so in a somewhat powerless to deal with some problems of labor and salary management of associated enterprises. In judicial practice, due to China’s current "labor contract law" have no relevant provisions, courts and arbitration institutions judging these problems generally carried out in accordance with the principles of law. In view of this, this paper systematically analyzes the internal labor related enterprises expatriate and borrowing problem, try to provide theoretical support for the legal issues of assignment and borrow in related workers within the enterprise from the legal principle theory of law. Lead workers overseas and borrow in related enterprises internal caused from the beginning of a typical case of the problem; then defines the related enterprises, workers and workers of expatriate borrowing; internal workers association for expatriate and borrow against the current "labor contract law" shock treatment; borrow about workers in the associated enterprises overseas and from outside the developed detector countries and regions, creatively put forward the "non standardized labor relationship theory" and "overall job related enterprises time theory", provides a certain theoretical reference for the theory and practice in the study labor assignment and borrow in related enterprises internal problems.