Original title: Watch out for "fake sharing" of employment and "real failure" of labor rights and interests
This spring recruitment market, the word "sharing employees" is very popular. Some people say that "shared employees" are disguised as "labor dispatch", "outsourcing" and "temporary workers", which is a disguised squeeze on workers. Experts said that the concept of "sharing employees" should be clarified from the root, otherwise the normal order of labor contracts will be destroyed and the legitimate rights and interests of workers cannot be effectively protected. (May 23, Workers' Daily)
According to the Notice of the General Office of the Ministry of Human Resources and Social Security on Sharing Employment Guidance and Services issued in September 2020, "sharing employees" refers to the coordination and cooperation between enterprises in terms of spare time and lack of work. The original enterprise and workers agreed to arrange workers to work in enterprises that lack work, without changing the labor relationship between the original enterprise and workers. As a flexible employment mode, "sharing employees" can not only transform the human resources of the enterprise into human capital, but also provide employees with diversified work opportunities. It can also reduce the pressure on the employment cost of enterprises to a certain extent, and help to achieve the "three wins" of "benefits for enterprises, income increase for employees, and social security supply".
Of course, "sharing employees" also needs to promote advantages and eliminate disadvantages. One of the outstanding issues is how to protect the legitimate rights and interests of employees who are "shared". "Shared employees" belong to cross enterprise employment, and their labor legal relationship involves two or more different enterprises. It is difficult to identify the labor relationship between the "shared" employees and the enterprises they work for. After the "shared" employees have disputes with the enterprises they work for in terms of remuneration, industrial injury insurance, etc., they are likely to become "invisible persons with rights and interests". In recent years, in judicial practice, many cases of the rights and interests of shared "employees" damaged due to the difficulty in identifying labor relations have become increasingly frequent, which requires urgent attention.
Because "sharing employees" is difficult to "share rights and interests", some enterprises have taken the idea of reducing employment costs. In practice, the phenomenon of enterprises not signing fixed labor contracts with employees under the pretext of sharing employment mode is so common that "sharing" employees are reduced to "labor dispatch workers", "outsourcing workers" and "temporary workers". This not only makes the labor rights and interests of the "shared" employees fail, but also allows enterprises to avoid social security payment and other issues, thus saving labor costs.
It can be said that some enterprises are keen on sharing employment, not because of the actual needs of production and operation to adjust employment, but because of the benefits of saving labor costs hidden behind. The relevant departments should not turn a blind eye to the illegal act of enterprises that undermines the legitimate rights and interests of employees in the name of sharing employment, but should resolutely stop it.
Some enterprises are keen on reducing employment costs by borrowing shared employment. An important incentive is that the concept of "shared employees" is confused. During the COVID-19 epidemic, the concept of "shared employees" was put forward. The relevant policy documents only stipulated in principle that "shared employees" belong to the labor force used by enterprises in the way of "borrowing" or "dispatching", but the responsibility for employment between enterprises was not clearly defined, which objectively allowed some enterprises to illegally save labor costs in the name of shared employment.
Sharing employment is not a "basket" for enterprises to illegally save employment costs and exploit the legitimate rights and interests of employees, and illegal enterprises should not be allowed to use this as a pretext to "really fail" the legitimate rights and interests of employees. In this regard, the labor supervision department should take a combination of regular and irregular inspections to timely investigate and severely crack down on the illegal profit-making behavior of fake "shared employees", guide enterprises that have a real need for temporary, auxiliary or alternative employment, and implement social adjustment of labor through legal labor dispatching agencies to ensure the legal compliance of shared employment.
In view of the fact that there are many risks in the protection of workers' rights and interests due to the fact that the laws of shared employment need to be improved, relevant departments should give guidance on the application of laws in due time, guide enterprises to sign relevant agreements with "shared" employees and between enterprises, clarify the rights and obligations of each party, and assume risk responsibilities, and promote shared employment in the "three chapters of the law" Standardized operation on the track. （ Wanzhou ）
