Research On The Protection Of Workers’ Rights And Interests Of Shared Employees

In 2022,my country’s population will officially enter the era of negative growth.With the intensification of aging and declining birth rate,labor-intensive industries have been impacted to varying degrees.The impact of the epidemic has accelerated the emergence of this problem in the public eye.At the same time,with the rapid development of the sharing economy,the emerging employment form of shared employees provides a new way to solve problems.Shared employees have achieved results in promoting employment and reducing corporate costs,and play a pivotal role in accelerating economic recovery and stabilizing social employment.Therefore,how to protect the rights and interests of shared employees and laborers is not only related to social stability,but also an inevitable requirement of current economic development.While sharing employees brings benefits,it also exposes some potential problems.First of all,in terms of the identification of labor relations,there are different opinions on the definition of the nature of shared employees,both in theory and in judicial practice,making it difficult to effectively protect the rights and interests of shared employees.On the one hand,in the face of complex employment relationships in the labor market,it is difficult to identify the traditional labor relationship in a timely and accurate manner.As a result,shared employee relationships are often identified as other employment relationships such as secondment or labor dispatch in practice,which in turn leads to corporate liability.Take on the chaos and damage the rights and interests of shared employee workers.On the other hand,even if the shared employee relationship is identified,the disadvantaged status of workers in this new form of employment remains unchanged.Compared with other formal employees of the enterprise,it is difficult for shared employee workers to obtain the same treatment as them.Basic rights such as the right to remuneration,the right to rest and vacation,and the right to occupational safety are all vulnerable to infringement.Secondly,it is difficult for companies to pay attention to the willingness of workers to share employees.In practice,it often happens that the original company shares the employees with other companies without the consent of the workers themselves.At the same time,during the shared work period,the work intensity and working hours of the new position may not be arranged according to the true wishes of the workers.Finally,because the traditional labor legal system has not been updated in time,there are still problems such as loopholes in the wage system and unclear responsibility for work-related injuries in practice,which increases the difficulty of protecting the rights and interests of shared employees and laborers.Therefore,research on the protection of the rights and interests of shared employees and laborers will not only help to promote the improvement of laws and regulations related to the rights and interests of shared employees and laborers,so that the legislation can be followed up in time,but also provide a basis for the protection of the rights and interests of shared employees and laborers in judicial practice.This article starts with an overview of the shared employee system,analyzes and summarizes the characteristics,types and connotation of labor rights of the shared employee model,distinguishes shared employees from similar forms of employment such as secondment and labor dispatch,and focuses on analyzing their legal nature.After the overall interpretation of shared employees,it focuses on the necessity of protecting the rights and interests of shared employees and the legal basis for protecting their rights and interests,Including labor compensation theory,occupational risk theory,and weak protection theory.Afterwards,by combining some adjudication cases and problems encountered,the thesis explores the difficulties and causes of the protection of the rights and interests of shared employees in practice,and puts forward some practical countermeasures and suggestions on this basis,such as clarifying the rights and interests of shared employees To help enterprises solve employment problems,correct improper employment behaviors that damage the rights and interests of shared employees,accelerate the construction of social harmonious labor relations,and promote the healthy development of the sharing economy.