| The sudden outbreak of novel coronavirus pneumonia in 2020 has made the structural contradiction of employment prominent in society.As a new type of employment method,shared employees emerge as the times require,which not only become an important strategy to help enterprises and stabilize employment,but also produce positive social and economic benefits.The Ministry of human resources and social security issued the notice on doing a good job in the guidance and service of shared employment on September 30,2020,which initially stipulated the nature,identification and protection of workers’ rights and interests of shared employees,and clarified the overall framework of the shared employee system,but there are still some problems in practical application,In the current legal framework can not get a good solution.The shared employee relationship is based on the cooperation between enterprises.On the premise of not changing the original labor relationship,the employees of the shared employee employer provide the actual labor for the employer,and return to the original employer to continue to work after the normal return to work.Compared with the traditional form of employment,employee sharing involves the tripartite relationship between employee importing enterprises,employee exporting enterprises and employees,and even involves the third-party human resource platform.As a new form of employment,shared employee relationship still has some practical problems,such as unclear legal relationship,unclear rights and responsibilities of the main body,insufficient protection of the legitimate rights and interests of workers,lack of legal regulation of shared employee platform and so on.All these bring obstacles to the future development of sharing employees.In order to promote the standardized development of the shared employee relationship,we must start from the legislative level,define the legal nature of the shared employee relationship,regulate the rights and obligations of the shared employee platform,and provide legal protection for the shared employee workers,so as to explore the normalization path of the shared employee relationship. |
