Study On Identification Of Shared Employee Labor Relations

Employee sharing refers to a new employment mode in which some enterprises that are difficult to resume work within a short period of time "share" their employees with enterprises that cannot temporarily recruit employees or have insufficient employees in order to reduce the pressure of compulsory wage payment.New champions league after the outbreak,box Ma Xian enterprises take the lead in reference to share the staff recruitment mode actively cope with the labor shortage problem,other companies have adopted this approach,but in the actual operation in the process of contract,pay,pay,social security tax,inductrial injury to be defined,laborer rights protection,title evaluation,business competition and business risk disclosure,A series of problems,such as labor disputes and employee disciplinary treatment,employee welfare,division of rights,responsibilities and interests between enterprises,increasingly call for legal research and judicial practice to march into this field,and to solve this problem,the first thing to be solved is the identification of labor relations.By using the method of case analysis and combining the employment mode and specific characteristics of shared employees,this paper summarizes the problems existing in the identification of labor relations of shared employees,analyzes the causes of the problems,and puts forward corresponding countermeasures and suggestions.The first part is case analysis.This paper selects three typical cases from China Judicial Documents network,analyzes the thinking of judges in judging shared employee labor relations in judicial practice through the judgment results obtained from the cases,and clarifies the applicable rules of law.The second part is the basic theory of shared employees.It includes the concept,characteristics and employment types of shared employees,and compares them with similar employment.The employment relations of shared employees mainly include three viewpoints: labor relations theory,labor relations theory and cooperative relations theory.In order to properly solve such disputes and safeguard the rights and interests of all parties,this paper argues that the labor relationship of shared employment should be recognized.First,it is necessary to optimize the standard of subordination of labor relationship in the Notice.The second is to include the type of shared labor into the relevant judicial interpretation and identify it as dual labor relationship.The third part is the analysis of the existing problems and causes of the identification of shared employee labor relations.The problems are as follows: first,the nature and legal relationship of shared employees are unclear;Second,the legal status of dual labor relations is controversial;Third,it is difficult to apply the existing standards of attribution to shared employees;Fourth,the judgment results of similar dispute cases of shared employees differ greatly.On the basis of this analysis,the reasons for the problem are as follows: first,the rise of sharing staff is short,and the theoretical and legal experience is blank;Second,the identification scope of dual labor relations is too narrow;Third,the dependency standard is not completely applicable to shared employees;Fourth,the limitation of the law leads to the disunity of the judges’ thinking.The fourth part is the countermeasures and suggestions for the identification of the labor relations of shared employees,mainly from the following four aspects: first,the legislation to regulate the nature and legal relations of shared employees;The second is to recognize the legitimacy of the legal status of dual labor relations;The third is to optimize the criteria of attribute recognition;Fourth,unified trial standards within the existing legal framework to avoid the phenomenon of different judgments in such cases.