Research On The Responsibility Of The Labor Law Of The Affiliated Enterprises

In the view of labor law,affiliated enterprises should adopt the judgment standard of different company law,and should be based on the principle of expanding interpretation,and take the relevance of human resources as one of the important reference factors to identify affiliated enterprises.In judicial practice,to solve the related problems in labor law of affiliated enterprises,it is necessary to identify labor relations and further solve the problem of responsibility of labor law.There are two difficulties in the identification of the related enterprises ' labor relations,that is,there are disputes about the scope of application of different rules and regulations between the affiliated companies and the attribution of the right of dismissal in the affiliated enterprises.The liability of the labor law responsibility of affiliated enterprises is confronted with four dilemmas,that is,whether the workers can claim the double salary in the seconded enterprises,the staff turnover between the affiliated enterprises can not be calculated repeatedly,and the overtime calculation is not conducive to the protection of the workers' lawful rights and interests.The determination of the worker's secrecy and the liability of non-competition may impair the lawful rights and interests of the laborers.The cause of the dilemma of the labor law responsibility of affiliated enterprises lies in the pluralism of the relationship between the related enterprises and the personality independence of the affiliated enterprises,which leads to different approaches to the identification of labor relations.We can draw on the foreign related system,recognize the multiple labor relations,establish the disregard system of the legal personality in the responsibility of labor law,and the affiliated enterprises have a sharp contrast in the labor law.To perfect the liability mechanism of the labor law of affiliated enterprises,we should make clear the subject and condition of the non fixed labor contract between affiliated enterprises,define the management rights of the affiliated enterprises,clarify the applicable scope of the different rules and regulations between the affiliated companies,and clarify that the right of dismissal should belong to the affiliated company with the At the same time,it is clear that the employment units and workers should bear the obligations or the scope of responsibility,including the determination of not to sign the labor contract without a fixed period of twice times the wage responsibility,the work of two or more related companies working time calculation of workers,clear the confidentiality of the workers,the scope of the prohibition of Business competition.