共享用工的性质、法律关系辨析与法律制度的构建完善

受新冠肺炎疫情影响，共享用工模式成为近几年较为热门的用工模式。共享用工在性质上不同 于劳务外包、员工借调、劳务派遣，属于独立的新的灵活用工形态。在共享用工中，供工单位与共享员工之间 存在实体可消失劳动关系，缺工单位与共享员工之间存在虚实可转换劳动关系。本研究认为，欲实现对共享用 工的规范和对共享员工权益的保护，在程序性方面应构建供工单位工会参与签订共享用工协议并监督其履行制 度、共享用工协议行政备案与行政监督制度，在实体性方面应构建完善有关共享用工条件和期限限定、劳动关 系变动等制度。

An Analysis on the Nature of Shared Employment, Differentiation of Its Legal Relationship and the Construction and Perfection of Its Legal System

Shared employment has become a popular employment model in recent years due to the impact of the Covid-19 epidemic. Being different from labor outsourcing, employee''s temporal transfer, and labor dispatch in nature, shared employment is a new independent form of fl exible labor. In this model, there exists a physical disappearable labor relations between the supplying unit and the shared employee, and a virtual and real convertible labor relations between the lack of labor unit and the shared employee. In order to achieve the standardization of shared employment and the protection of shared employees'' rights and interests, this study believes that relevant systems should be set up in terms of procedural aspects such as, the labor union of the labor supply unit participates in signing shared employment agreements and supervises the implementation and administrative fi ling and administrative supervision of shared employment agreements. In terms of substantive aspects, it is also necessary to set up and improve the system related to the sharing of employment conditions and deadlines, and changes in labor relations.