Affected by the new crown pneumonia epidemic, China, a huge economy, has encountered two difficult problems, namely, “difficult to return to work” and “labor shortage”. In this context, some small and medium-sized enterprises that are temporarily unable to resume work output their employees in a short-term in a shared mode, setting off a wave of "shared employees" in order to solve the problem of "labor shortage" on the receiving side and alleviate the "return to work difficulty" on the export side economic pressure.

But there are still many questions to be answered behind the wave of shared employees, such as how much can the receiver pay? How fast is the shared employee approval process? If the shared employee wants to be positive, what does the recipient think, will it cause new staff turnover to the lender? What kind of "gentleman agreement" do the two sides have?

Many governments launch "grabbing war"

Early adopters of companies "share employees"

With the new crown pneumonia epidemic becoming more stable, "resumption of work" is becoming a top priority for China, a huge economy. In the economic deltas such as the Yangtze River Delta and the Pearl River Delta that took the lead, the labor shortage has become more severe than in previous years. In the context of road closures in many places, many places have sent special cars, special trains and even special planes to pick up employees who are stranded in their hometown.

Taking Yiwu, Zhejiang as an example, according to incomplete statistics, from February 16 to February 21, there were 261 "Yiwu" employment buses that had returned and received 9,184 employees; three train trains arrived in Fuyang, Anhui , Nanchang, Jiangxi, Kunming, Yunnan, received 2,541 employees. In addition, Yiwu also opened special trains from Guiyang North to Yiwu G4134 and Huaihua South to Yiwu G4132 to pick up and return employees. These practices have become "standard operations" for economically strong cities and counties in eastern provinces.

Behind the frequent shots by governments around the world, there is a tight employment demand for enterprises. The general manager of a toy company in Zhejiang Jinhua recently told the Beijing News that among the company ’s more than 70 employees, only five or six from the locals returned to work. Western provinces still have unblocked traffic and still isolate most employees locally. Even in a large company such as Lenovo, the return rate of employees is only about 50%, and full production cannot be achieved. At the same time, many companies in the catering and retail industries are unable to resume work due to the crowded nature of employees. Even if employees return to the workplace, they face the dilemma of having nothing to do, and even the risk of unemployment.

Under such circumstances, the attempts of “shared employees” launched by Hema Xiansheng, Lenovo Group, Suning and other companies have attracted the attention of the market: By providing short-term job opportunities for enterprise merchant employees who are temporarily unable to resume work, they can "China's rapid acquisition of the labor force it needs also provides other companies and employees with the opportunity to weather difficulties. However, as a new attempt, its landing may not be so easy.

"No matter how hard the epidemic is, the economy will have to flow"

Possible legal issues for the exporter

"Small and medium-sized enterprises cannot be broken down, especially some small factories that do not have the ability to prevent epidemics and poisoning. The risk of forcible start-up is too great. The approach of sharing employees is to help them survive. No matter how difficult the epidemic is, the economy must flow." Insiders of Lenovo Group told the Beijing News reporter that "SME owners can let employees come to Lenovo to do a segment first, save strength and team, carry this segment, and then seek the future."

On February 8th, Lenovo Group's official WeChat public account released news that the company's factories in Wuhan, Hefei, Shenzhen, Huiyang and Chengdu will provide short-term job opportunities for temporarily closed business merchant employees. Specific tasks include the assembly and packaging of computers, servers, and mobile phones. In the past two weeks, Yang Yuanqing, chairman and CEO of Lenovo Group, said in an interview with the Beijing News and other media on February 20 that Lenovo's factories in Chengdu and Wuhan are still returning to work, except for factories in Chengdu and Wuhan. The return of employees has not reached a very high level, and now it is only about 50%. On February 24, Yang Hua (pseudonym), an internal manager of Lenovo's Shenzhen and Huizhou factories, told the Beijing News reporter that taking the Huizhou factory as an example, among the more than 1,000 people, there were already five or six hundred people on duty. Some analysts said that Lenovo's "shared employee" approach can not only solve the cost urgency of some small and medium-sized enterprises, but also allow some people who have stopped working at home to earn some income. "Win-win" measures.

When talking about the issue of "shared employees", Yang Hua said that after the company launched the initiative, many companies came to register, and many people joined as individuals. As for the Huizhou factory, a local hotel could not be opened due to the epidemic situation, and employees of about 100 people needed short-term job opportunities, and are currently following internal company processes. Forty or fifty people came to the Shenzhen factory for consultation. However, Yang Hua told the Beijing News reporter that as a new attempt, the company where the original employer is located may be slower when going through the process. The form of "shared employees" may also have problems in the legal affairs of the other party. The cooperation model Need to explore a little bit. Despite these and other problems, two workers have successfully joined the factory in Shenzhen.

Regarding the legal issues mentioned above, Chen Wenming, the director and chief lawyer of Zhejiang Xiaode Law Firm, analyzed to the Beijing News reporter that for the original company, if there were individual employees applying for "shared employees" during the period when the company did not resume work, It is important to keep employees and new businesses informed. If there are violations of the rules and regulations of the enterprise, such as violations of the prohibition of competition, violation of business secrets, and serious impact on the completion of the work tasks of the unit, the employees shall communicate and deal with them in a timely manner. In view of the fact that employees have established employment relationships with third parties abroad, companies can negotiate with employees to deal with wages during the epidemic prevention and control period, and minimize the losses caused by the epidemic. If the enterprise and the borrowing enterprise cooperate to secondment the “shared employee”, they should negotiate with the employee on the secondment and clearly stipulate the rights, obligations and responsibilities of each party in the agreement signed with the entering and leaving enterprise and the employee, especially the compensation of the work injury compensation costs problem.

"Shared Employees" Pay or Double

If the shared employee wants to stay and terminate the labor contract with the original unit

In terms of salary, Yang Hua said that the income of these "shared employees" is also similar to the average salary of local factories. The treatment at the Huizhou factory is between 4,000 yuan and 6,000 yuan. The monthly salary at the Shenzhen factory should be around 5,000 yuan to 6,000 yuan. It will fluctuate depending on the working hours and whether overtime is required. According to his understanding, during the shutdown, some local enterprises in Huizhou could only pay employees more than 1,000 yuan in basic salaries. Even so, this has brought considerable cost pressure to the enterprise. "Our Lenovo factory was the first batch to resume work. By ('shared employees') this way, we also want to be able to help some of these companies, as well as these employees individually." Yang Hua said.

Yang Hua said that in order to protect the work health of employees, Lenovo's factories have prepared epidemic prevention measures according to the requirements of the local government's epidemic prevention team, providing workers with masks, measuring body temperature, cleaning the factory area, and so on. Because the positions shared by "shared staff" are basically simpler jobs, the initial training will not take long. "Mainly some on-the-job training and safety training, we will do these." Yang Hua said, in the current plan, short-term employment is to be done by the end of March. If "shared employees" want to stay in the Lenovo factory in the future, Yang Hua said that they must resolve the labor contract with the original company before Lenovo can accept it. "We are still doing it in the way of labor input."

Earlier, some insiders of Lenovo told the Beijing News reporter that this practice is actually very difficult to operate. In theory, they became skilled workers in one month, and began to work in the next month. The subsequent epidemic subsided, and these temporary employees would leave. This has a great impact on the factory's capacity. "We have taken this measure really for small and medium-sized enterprises." The source said.

Three of the 20 people who have restaurants participate in the Talent Sharing program

"Share" both parties need to sign "Gentleman Agreement"

Yang Tao is a sushi master of Japanese cuisine at Sanwhale. After the Lantern Festival this year, he temporarily visited the Tongzhou Beijing ONE store at 7FRESH, a fresh supermarket, and became a “shared employee”.

In the past two weeks, Yang Tao's daily work has changed from making sushi to sorting. In his words, this can be regarded as a mechanical and flowing job. "I used to take seven or eight thousand steps a day. Now I have to take at least four or five thousand steps a day. The workload is larger than before, but I can help Jingdong with a certain income. I think it is a good opportunity."

What contributed to this employee's sharing was the head of the marketing department of San Whale Japanese Cuisine, Wang Di. He was once a member of JD.com, and after hearing about the “Talent Sharing” plan launched by his old owner, he discussed with the store's employees. Finally, Yang Tao led a group of employees to set up the Seven Fresh Team, which relieved the pressure on the San Whale Japanese restaurant.

Wang Zidi said that he and the company do not want to give up any employees at this time-although he knows that there will be almost no guests to eat at the restaurant, he and the other two partners still choose to resume work on February 10, in order to It's just minimizing losses to the company and employees. "Our two stores have about 20 employees in total, and eventually shared 3 employees."

Wang Zidi told reporters that due to the taste and food experience of Japanese food, the two stores in Beijing Yizhuang and Tongzhou rarely take out food, but they also have to expand the take-out in the epidemic situation. The proportion of take-out has recently To 80%.

As the receiver of the employees, JD 7FRESH's "Talent Sharing" plan provides cashier, tally, picking and packing, and rider positions to meet the surge in online orders during the epidemic. According to the reporter, in addition to providing competitive salaries, the "Talent Sharing" plan also provides new crown pneumonia insurance, while the cooperative catering companies normally assume insurance for employees.

Wang Zidi said that there is a "gentleman agreement" between the company and JD. The agreement stipulates that "if the shared employees want to return to the store, they can propose it to JD three days in advance." As the Japanese restaurant gradually resumes normal operations, the employees will also After returning to the store, it is expected to return to normal levels by mid-March.

Beijing News reporter promised Lu Yifu