常态化疫情防控时期共享用工存在的突出问题及治理机制研究

近年来共享用工在人力资源调配和促进就业等方面取得了实效,但同时也暴露出苗头性的滥用问题和深层次的症结根源。本研究通过梳理分析共享用工的发展类型、差异比较、共性特点及未来趋势,剖析共享用工存在的主要问题,提出相应对策。研究发现,实践中共享用工形式多样、法律关系含混复杂。因缺乏明确的法律依据,其法律性质及劳动用工关系界定不甚明晰,输出、输入企业各自用工法律责任不够明确,“共享员工”劳动权益的实现和维护成为现实难题。研究建议:工会组织应会同政府相关部门协同研判,统一规范指导;推动形成政府指导、第三方服务平台运作、企业与工会和职工协商参与的共享用工模式;探索建立多方协同治理机制,加强共享用工模式规范化常态化建设;推动建立与共享平台治理相匹配的监管监督机制,依法纠正侵害劳动者权益的不当用工行为,加快构建和谐劳动关系。

A Study into Outstanding Issues of Shared Employment and Its Governance Mechanism under Regular Epidemic Prevention and Control

In recent years, shared employment has achieved practical results in the deployment of human resources and employment promotion, but has also exposed symptoms of outstanding issues and its deep-rooted causes. The current study, by combing the development types, difierence comparison, common characteristics and future trends of shared employment, analyzes its main problems existed and puts forward corresponding countermeasures. The study finds that in reality, there are various forms of shared employment. Due to its ambiguous and complicated legal relationship, its unclearly defined legal nature and labor relations, and its unclear legal responsibilities of labor in labor export and import enterprises, the realization and maintenance of labor rights of ''employees sharing", thus, have become prominent issues. The study suggests that trade unions should coordinate with relevant government departments to clarify and refine the legal nature and legal relationship of shared employment, unifbnnly regulating and guiding its healthy and orderly development; to boost the formation of shared employment model guided by the government, operated by third-party service platforms, and participated by the three parties of enterprises, trade unions, and employees through negotiation; to explore the establishment of a multi-party collaborative governance mechanisni to strengthen the construction of standardization and normalization of the sharing employment types; and to promote the establishment of a regulatory supervision mechanism that matches the governance of the sharing platform, correct improper employment behaviors that infringe on the rights and interests of employees in accordance with the law, and strengthen the construction of harmonious labor relations.