| The rapid development of the sharing economy has promoted the emergence of a large number of new employment forms.Under the epidemic situation,the new flexible employment models,such as the promotion and use of shared employees,have posed challenges to the traditional labor concept.In practice,the lack of specific system design for the operation of the shared employee mode,and the rights and interests of shared employees have been infringed repeatedly.How to properly solve the practical dilemma encountered in the regulation of shared employee employment relationship in the constant labor contradictions is an urgent problem to be discussed and solved in China.First of all,the sharing of employee employment is different from the previous secondment,part-time jobs,labor dispatch and other labor relationship,the nature of the shared employee employment relationship is difficult to identify,The identification standard of labor relations also causes internal constraints on the identification of the nature of shared employee employment relations,and there is no unified identification standard for it in justice.Secondly,the regulation of the current system design on the shared employment relationship of employees is also difficult to properly handle the distribution of responsibilities and obligations between the employment subjects,and the lack of operability in the protection of the social insurance rights and interests of the shared employees also occurs,resulting in the unbalanced distribution of work-related injury responsibilities.Finally,the emergence of the new shared employee employment relationship also highlights the lack of labor supervision and law enforcement,and it is also difficult for the labor supervision and law enforcement to carry out its regulations effectively and achieve good results.This study analyzes the relevant concepts of secondment,part-time job and labor dispatch,and compares them with the employment relationship of shared employees,and defines the shared employee employment relationship as a double labor relationship.In addition,the reasonable operation of the shared employee mode is realized by standardizing the employment relationship and analyzing the specific responsibilities of shared employees in the employment process of shared employees.First of all,we should consider not only the flexibility of sharing employee employment,but also the sustainable development of economy,the balance of responsibilities and obligations of employers,and learn from the design experience of existing systems to improve the protection of the rights and interests of sharing employee employment relationship system.Secondly,in the face of the complexity of shared employee employment relations under the sharing economy,it is also necessary to give full play to the role of labor security supervision,and conduct real-time supervision over the rules,rules and regulations and shared employment agreements signed by employers.Further clear regulatory basis,strengthen law enforcement and means,to meet the regulatory demand,through the labor supervision of Shared employee employment agreement and its legitimacy comprehensive supervision,and through the joint law enforcement force to avoid supervision blind area,make sharing the legitimate rights and interests of employees can be effectively protected,make labor supervision effectively adapt to the sharing economy of diversified new employment relations,at the same time and promote harmonious labor relations We will promote win-win development in shared protection of employees’ rights and interests and diversified development of employment and employment forms. |
