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...

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.