| In today’s society,the development of market economy has achieved phased achievements,the requirements for the concentration of capital and the efficient use of resources have become more and more high,and the ties between enterprises are closer and more diversified with economic development.In the field of labor law in China,there are few legal provisions on the mixed employment of affiliated enterprises,and other provisions scattered in the commercial field cannot effectively resolve labor disputes arising from the mixed employment of affiliated enterprises,so it is necessary to improve the legal regulatory measures on the mixed employment of affiliated enterprises in the field of labor law.Specifically,labor disputes arising from mixed employment of affiliated enterprises refer to labor disputes arising from the fact that after an enterprise with a related relationship in property,personnel and business forms an enterprise group,its member enterprises or enterprises collectively hire workers and cross-employ workers within the affiliated enterprise group,resulting in confusion of labor relations.By examining the current legislative and judicial status of mixed employment of affiliated enterprises in China,and conducting a comprehensive analysis based on specific cases,the main litigation claims and court judgment reasons for cases involving mixed employment of affiliated enterprises are summarized,and the following issues are raised: First,in the field of labor law in China,there are no provisions on the establishment standards for mixed employment of affiliated enterprises;Second,the legal status of affiliated enterprises and the mode of determining labor relations between affiliated enterprises and workers are not clarified;Third,there is no specific penalty for mixed employment of affiliated enterprises;Fourth,the method of assuming responsibility between enterprises related to employment is not clarified.At the same time,by examining the relevant legal provisions and theoretical research status of foreign mixed employment of affiliated enterprises,the existing foreign regulations and their theoretical basis are evaluated.The establishment standards for mixed employment of affiliated enterprises established abroad,the mode of labor relationship recognition and the way of assuming responsibility are worth learning from China.Through the study of theories such as the theory of foreign enterprises,the theory of joint employer,and the theory of joint employer,the parts that can provide theoretical support for China’s legislation are summarized as the theoretical basis for China’s legal regulation of mixed employment of affiliated enterprises.According to the current reality of labor law in China,in view of the existing problems of mixed employment of affiliated enterprises,the regulation suggestions on labor law are proposed: first,according to the different classifications of contact points within affiliated enterprises that maintain the relationship between various enterprises,it is determined that the combination of property,business and employment is used as the recognition standard in labor law;Second,establish a single labor relationship between dual employers and workers;Third,the scope of application of the law on double wage penalties and economic compensation should be expanded;Fourth,clarify the basis for the allocation of joint and several liability of the employer under various circumstances,as well as the internal liability allocation method after the employer assumes joint and several liability.Through the legal regulation of the mixed employment problem of affiliated enterprises,it is hoped to provide effective solutions to the problem of mixed employment of affiliated enterprises and improve the chaos of confusing labor relations. |
