Analysis On The Protection Of Labor Rights And Interests Of Employees By Agreement Sharing Among Rnterprises

Sharing workers is a kind of flexible employment,involving tripartite subjects.It is beneficial to reduce labor costs,release idle labor resources,and solve the problems of worker waiting for employment.However,it also causes difficulties in the field of labor law.The relationship between workers and borrowing units is not clear,labor rights and interests are threatened,and the subject of responsibility is unknown.For sharing workers,there are mainly three sharing modes: one is sharing among enterprises,the other is workers entering new enterprises,and the third is sharing through sharing platform.They are similar to China’s labor dispatch system,part-time job system and labor outsourcing system respectively,but they have their differences:Compared with the labor dispatch system,it is more flexible,does not require certain qualifications,and does not aim at profit.Compared with the part-time job,the legal relationship between employees and the new unit is different,and the recognition of employees is also different;Compared with the labor outsourcing system,there are also differences in the legal relationship.The labor relationship shall be retained,and the incomplete labor relationship shall be established with the new unit.Sharing workers need comprehensive protection,because sharing may affect the rights of workers: voluntary participation hard to guarantee,the subject and amount of labor remuneration is unknown,the identification of injury may be rejected,and the subject of social payment is unclear.The root cause of these is the unclear legal relationship between the three parties,and the current law lacks legal provisions on such flexible workers.Shared workers need protection because their subordinate nature in the labor process and the theory of labor community.The protection idea is distributing responsibility.The concept of joint employer can be introduced.Former unit assume the responsibility of did not sign labor contract,other responsibilities shall be shared by the two units.First of all,to ensure the freedom of participating in the sharing will,by changing the form of labor contract;Secondly,rights and responsibilities should be clarified in the form of tripartite agreement,Again,Paying remuneration in full by two units,At the same time,the occupational safety of workers will be guaranteed;Finally,stipulating the subject of pay of laborer social insurance,by former unit,government and workers.