Research On The Legal Responsibilities Of The Employment Of Affiliated Enterprises ——Take Labor Disputes Involving Three Affiliated Companies As An Example

With the continuous reform and development of my country’s socialist market economic system,affiliated companies,as a business operation model that can make full use of corporate resources and enhance their core competitiveness,have been adopted by more and more market entities.However,with the increasingly frequent flow of labor between affiliated enterprises,labor usage methods such as mixing,crossover,dispatch,and secondment have emerged,which have caused certain damage to the rights and interests of laborers while meeting the needs of enterprises.Limited by legislative deficiencies and other reasons,there are many difficulties in the current judicial practice in the face of the legal liability of affiliated enterprises,which are mainly reflected in the definition of affiliated enterprises in labor disputes,the identification of labor relations between laborers and affiliated enterprises.The distribution of legal responsibilities for employment.By analyzing three typical cases involving the employment of affiliated enterprises,this paper summarizes the common dispute focus and conducts legal analysis,and believes that the reason for the different standards of definition of affiliated enterprises in the employment of affiliated enterprises is that the current laws involving affiliated enterprises There are differences between the norms,and the legislation lacks attention to the particularity of labor disputes;the difficulty in identifying the attribution of labor relations in the employment of affiliated enterprises is that the external employment facts that the identification relies on are affected and become blurred;and the distribution of legal responsibilities for the employment of affiliated enterprises There is a phenomenon of abuse of joint and several liability.The reason is that there is a lack of basis for determining the proportion of liability among various employers,and the judiciary improperly increases the liability of employers from the purpose of protecting the rights and interests of workers.Accordingly,it is necessary to start with the characteristics of the employment of affiliated enterprises in labor disputes.The definition of affiliated enterprises in labor disputes should be wider than the scope of the definition of affiliated enterprises in commercial law,and start from the economic purpose of each employer.The identification of the attribution of the relationship should focus on the subordination of personality;in terms of the legal responsibility for the employment of affiliated enterprises,the principle of "whoever employs the labor shall bear the responsibility" should be used as the principle for judging the main body of responsibility,and the specific division of responsibilities should be based on the actual employment.Responsibilities shall be allocated according to the situation,and only joint and several liability shall be assumed in the case of faults between the employers,so as to meet the operational needs of the enterprise and protect the legitimate rights and interests of workers.