| From the macro point of view of our country,the aggravation of the social problem of aging population and the obvious shortage of labor resources caused by it will directly affect the construction of China’s socialist modernization power.From the microscopic point of view of enterprises,seasonal and temporary problems will also lead to the shortage of labor resources in enterprises,so the development of the flexible employment mode of "sharing employees" is not only conducive to the win-win cooperation between enterprises and workers,but also conducive to alleviating the social situation of labor resources shortage.With the continuous expansion of the employment scale of "shared employees",its potential legal risks are increasingly exposed.However,at present,there is no legal regulation on the employment relationship of "shared employees" at the institutional level in China,and the relevant theoretical discussions need to be deepened.This study first puts the employment relationship of "shared employees" under the background of flexible employment and sharing economy,discusses its research significance and application value in law,and then analyzes its applicability in China by combining the research of domestic and foreign scholars.Secondly,by combing the basic theory of "shared employee" employment relationship,referring to the corresponding norms and theories,this paper defines the specific concept of "shared employee" employment relationship,and summarizes its characteristics different from other employment modes in comparison,so as to consider its uniqueness;Because it is really necessary to explore the mode of "shared employees" for the identification of the legal relationship between its subjects,it is also necessary to sort out the basic theory of labor relations and clarify its essence and identification standards.Thirdly,in line with China’s national conditions,this paper investigates the "joint employment" model in the United States and the "strategic employee sharing" model in Europe,and draws on relevant legislative experience to fill the legislative gap of this new type of employment relationship in China.Then,in the aspect of problem-raising,three typical judicial cases are screened out through the judgment document network,and the triple dilemma of the employment relationship of "shared employees" is summarized according to the controversial focus of these three judicial cases,that is,the definition is unclear,the limitation of labor relationship is heavy,and the legal relationship is fuzzy.According to the above three dilemmas,the potential triple potential legal risks are explored,that is,the risk of weakening the protection of workers’ rights and interests,the risk of illegal labor dispatch and the third risk of "shared employees".Finally,the corresponding suggestions are put forward to improve the above problems,starting from the basic path,that is,adhering to the legal thinking of labor law,strengthening the labor law protection of "shared employees",and then regulating the law by the way of multi-agent cooperation among the government,enterprises and employment platforms.It is suggested that the imported enterprises form labor relations with employees,and at the same time learn from the existing overseas experience to improve the inter-agent responsibilities of "shared employees" employment relations,so as to protect the rights and interests of workers and also employ "shared employees". |
