Research On The Legal Problems Of Laborers' Assignment Among Related Enterprises

Affiliated enterprises are joint forms of enterprises that have control and affiliation with each other or have the ability to exert significant influence and have independent legal status.Based on the existence of associations and the actual needs of business operations or the reduction of labor costs,the practice of employers transferring workers to affiliated companies to provide labor is becoming more and more common in market economic activities.Labor dispatch is a long-term change or adjustment of employers' work positions or work places,but the labor transfer among affiliated enterprises is to change or adjust the work position of the laborers in the enterprise association of the affiliated enterprise or location.Through the induction and analysis of labor dispute cases caused by employers transferring workers to affiliated enterprises,it is found that in such social relations and behavior patterns,the main common and complicated legal issues are the subject identification of labor relations,the implementation of labor legal obligations and the burden of labor legal responsibility.The legal system related to such patterns in China is based on the identification standards and concepts of the traditional standard labor relations so as to determine the labor relations status of laborers among related enterprises.The distribution of powers and responsibilities based on this has solved the subject identification of labor relations and the burden of labor responsibility to some extent.However,due to the existence of the relationship and the fuzzy attitude of the legislation on dual labor relationship,the above problems have not been solved scientifically and effectively.According to this,the research object of this paper is the legal problem arising from the labor dispatch among affiliated enterprises.The research methods are mainly literature research methods and inductive analysis methods.The logical structure is to introduce the research object and argument through typical cases.On the basis of defining the specific connotation of the research object,the specific legal problems existing is elaborated,the general causes of the problems are analyzed and the feasibility of solving the problem is found finally.This article consists of three parts: introduction,body and conclusion.The body is divided into four parts.The first part is mainly about to define the legal connotation,legal characteristics of affiliated enterprises and the connotation of labor dispatch among affiliated enterprises,which is used to clarify the main scope of the research topic.The second part elaborates the legal problems caused by the transfer of laborers among affiliated enterprises,which is manifested that there is a dilemma in the identification of labor relations between affiliated enterprises and laborers,disputes over the performance of the statutory obligations of affiliated enterprises and laborers.The third part mainly analyzes the origins of a series of legal problems caused by the transfer of laborers between affiliated enterprises from the boundary of the exercise of enterprise transfer rights,the determination standard of labor relations in China's Labor Laws and Regulations,the legal personality of affiliated companies and the legislative status of dual labor relations.The fourth part mainly seeks to the feasible imaginations to the problem of the limitations of transfer of rights from the laborers of affiliated enterprises,the filling of the legal personality of the affiliated enterprises and the lack of legislation of the dual labor relations,and the reasonable distribution of the burden of proof in the judicial judgment of labor disputes.The research findings in this paper are stated as follows: first,in the daily economic activities,the independence of individual enterprises has been weakened to some extent due to the existence of related relationships.The labor employment of individual enterprises related to laborers should coordinate and cooperate with the overall employment arrangements of the entire associated economic complex,and workers have the possibility of being deployed within the entire associated economic union;second,laborers dispatched among affiliated enterprises,labors and employers are prone to give rise to disputes in the labors dispatch,the identification of the main body of labor relations and the performance of specific labor legal obligations among affiliated enterprises in.Due to the lack of clear provisions on the legal personality of affiliated enterprises in China's labor legislation norms,the attitude towards dual labor relations is vague,and the above disputes cannot form a consensus referee conclusion;third,in the labor disputes caused by the labors dispatch among affiliated enterprises,labors often need to bear the burden of proof for the existence of related relationships and the existence of mixed management among affiliated enterprises.However,due to the unequal status of labors and capital,they are vulnerable.It is difficult for them on one side of the group to collect sufficient evidence and eventually become a party whose legal rights have been damaged.Therefore,this paper suggests that the impact of labor transfer on single labor relations,the impact on the implementation of legal obligations of labor law,and the predicament of making judgments for specific labor dispute cases should be highly valued.The behavioral allocation between the affiliated enterprises is regulated by the basis of the behavior of the laborers assigned to the inter-firm enterprises and the strict review of the behavior of the laborers.At the same time,in the labor legislation,the legal status of the dual labor relationship is clarified,and in the labor judicial judgment,the judgment basis of the joint enterprise's joint liability is clearly defined,and the burden of proof of the laborer is reasonably distributed to solve the legal problems caused by the labor dispatch between the related enterprises.