Research On The Legal Nature Identification And Regulation Of Shared Employment Among Enterprises

The rapid development of the social economy and the continuous refinement of the social division of labor have spawned a large number of new industries and new formats,as well as a variety of new employment methods.One of them is the sharing of labor between enterprises.Its essence is the deployment of surplus labor under the leadership of enterprises with short-term unbalanced supply and demand of labor resources,and it contains the concept of resource integration and complementary advantages.At the beginning of this century,the sharing of labor among enterprises in our country has already been explored in practice.During the COVID-19 epidemic,it was used by a large number of enterprises for "self-help" due to its advantages of flexibility,convenience and multi-benefit.Since then,it has really entered the public eye and has been favored by many researchers.Follow and discuss.Shared employment has eased the pressure on enterprises and maintained the income of workers in its wide application,but it also highlights the problems of inconsistent legal nature and legal risks that need to be regulated in practice,which need further research and clarification.Based on the affirmative attitude towards the normal development of shared employment,the article first collects and sorts out the relevant literature and judicial precedents,and then uses the method of similar case analysis to summarize the judicial differences in typical cases.The discussion draws a clear conclusion;and conducts a type analysis of the legal risks in the practice of shared employment among enterprises,and puts forward a practical idea of collaborative regulation.The first chapter selects three typical cases of labor sharing between enterprises.Through the analysis of the judgment ideas,it is found that the differences in the court’s handling of such cases mainly focus on the judging of the legal nature of shared labor.Whether the relationship belongs to shared employment,the second is to consider what kind of relationship is between the labor importing enterprise and the laborers participating in the sharing.Therefore,the second chapter first focuses on the concept of shared employment itself,and conducts research from its connotation and extension,and integrates the five constituent elements of shared employment "subject,resource,motivation,mechanism and platform" into typical employment,secondment,and labor dispatch.In the comparison of concepts such as,part-time and mixed employment,an attempt is made to clarify the identification standards of shared employment itself.Secondly,the shared employment between enterprises is divided into direct and indirect employment,and the legal form,especially the relationship between importing enterprises and laborers,is analyzed.The article believes that the existing concept of employment cannot fully cover shared employment,and the existing legal norms cannot fully adjust the shared employment relationship.Even when discussing its legal nature,the most similar "secondment" relationship can be referred to,but the differences between the two cannot be ignored.On the basis of the above,the third chapter divides the potential legal risks when enterprises carry out shared employment practices according to their sources and attributes into vague risks caused by lack of legal norms,contract risks caused by excessive corporate autonomy,and risks caused by departing from standard labor relations.There are three types of discriminatory risks,and the explanations are made according to the specific manifestations and causes of each type of risk.The fourth chapter is based on the fact that the above-mentioned various legal risks are not caused by a single factor,but from the combined effect of multiple factors at the normative and practical levels,from the establishment of a legal protection framework through legislation,the strengthening of government guidance and supervision,and the improvement of risk awareness by enterprises themselves and participation in sharing.The ability of this tripartite collaborative effort to propose regulatory measures.It is hoped that by bringing the legal risks of shared employment into the track of the legal system,it will help its steady and long-term development and become a useful supplement to the standard employment form.