Legislative Research On The Protection Of Seconded Laborers Between Enterprises In P.R.C

The phenomenon of inter-enterprise secondment has existed in our country for a long time.As a flexible labor adjustment method,its existence has special significance and value,and it has a positive effect on solving the problem of labor difficulties in a short period of time.Especially during the outbreak of the 2019-nCoV,the phenomenon of "Shared Employees" that has emerged on a large scale across the country is a manifestation of the large-scale scale of seconded workers among enterprises.However,as a special non-standard form of employment,the legal status of the act of seconding workers between enterprises has not been clarified,and the legal norms are also very limited.In the actual situation where the actual status of both workers and the enterprise is unequal,and the workers are in a severely disadvantaged position,the seconded workers are very vulnerable to violations of their rights due to lack of labor law protection.First,some companies circumvent certain provisions of the labor law by maliciously seconding workers.Second,local high courts have different judgments on whether workers must abide by the secondment order of the employer.Third,the labor law has not yet clarified the way in which each employer assumes responsibility in the process of seconding workers between enterprises,which has seriously affected the realization of the legitimate rights and interests of workers.The article puts forward three suggestions to solve this problem.First,it is necessary to clarify the legal status of inter-enterprise secondment and include it in the standard system of labor dispatch in the form of "non-profit labor dispatch" under the conditions of reasonable distinction from the current profitable labor dispatch;Second,the statutory procedures for seconded workers between enterprises must be strictly regulated.The secondment must be subject to the consent of the laborer,and the labor administrative department shall file and supervise the seconded behavior.Third,it is necessary to clarify the rights and obligations of all parties between the enterprise and the workers,add necessary clauses to the secondment agreement through the intervention of public power,and establish a two-way joint liability mechanism between the two employers in the secondment to ensure the rights of the workers achieve.At the present stage,China is at the historical crossroads of realizing the goal of "Two Hundred Years",the legislative protection of workers in enterprise secondment is not only the essential requirement of China as a socialist country to safeguard the fundamental interests of the broadest masses of people,but also conducive to building harmonious labor-management relations and ensuring the smooth and orderly development of the labor market.