Some companies revitalize human resources and actively explore new modes of employment

Legal issues related to "shared labor" need to be resolved

□ Our reporter Wang Yang

□ Our reporter Zhang Shoukun

Earlier this year, the sudden outbreak of new crown pneumonia disrupted many industries. On the one hand, there is a shortage of employees, and on the other hand, you are too busy. So many companies (especially catering companies and retail companies) have begun to test the "shared labor" model.

However, some insiders have revealed that the "shared labor" model introduced by some companies is to use the platform to sign labor contracts with the two companies respectively. The company that provides the task is not responsible for the employees' five insurances and one fund. It is only responsible for providing work and a certain salary. The staffing of the company is left in an enterprise that does not provide work and wages. Although it seems to have achieved an increase in employee income and a reduction in company expenses, it is more like a labor dispatch in essence.

During the interview, some experts told the reporter of the Legal Daily that during special periods, new modes of flexible employment can be tried within the scope permitted by the law, in order to revitalize human resources; allow employees to temporarily move between enterprises to reallocate human resources. But how to pay wages, how to pay social security, and how to deal with work-related injuries should attract the attention of relevant state departments.

The Ministry of Human Resources and Social Security recently stated that at present, some companies lacking work and those who have not yet resumed work have implemented "shared employment" and adjusted labor surplus shortages to a certain extent, improving the efficiency of human resource allocation. The cooperative enterprises can clarify the rights and obligations between the two parties by signing a civil agreement. The original employer may not lend employees for profit. Neither the original employer nor the seconded unit may conduct illegal labor dispatch in the name of "shared employment" or induce workers to register as individual industrial and commercial households to avoid employment responsibilities.

The rise of shared employment models

From corporate cross-border self-help

During the epidemic, different industries showed a two-day view of ice and fire. When the catering industry and the retail industry were embarrassing, fresh e-commerce, takeaway food shopping, etc. were extremely popular, and the number of online orders increased sharply, resulting in sorting and distribution in the supply chain. ".

On February 3, Hema Xiansheng Supermarket announced that it would accept employees of Yunhai Cuisine and Youth Restaurant (Beijing) to work in Hema stores. The “shared labor” model came into being.

Hu Gongqun, a legislative advisory expert of the Standing Committee of the Beijing Municipal People's Congress, believes that this "shared labor" model is a microcosm of self-help by private enterprises today. If it can be promoted on a large scale, it will greatly alleviate the financial pressure on catering companies. "'Shared labor' breaks the limits of the traditional competition strategy theory based on industry divisions and transforms the relationship between the various links in the entire industry value chain into value and benefit exchanges to create a symbiotic and shared business ecosystem value network. At the same time, the combination of social issues and corporate strategies can not only reduce own costs and improve corporate efficiency, but also establish a good social image and increase brand reputation. "

"Legal Daily" reporter learned that since Hema took the lead in implementing the "shared labor" model, some companies are actively exploring other self-help methods. JD 7FRESH has released a "Talent Sharing" plan, inviting service industry personnel who have ceased business to join temporarily. Suning Logistics also announced that it will provide sorting, packaging, and shipping positions for people whose work has been temporarily affected. At the same time, Meituan buys vegetables, Dingdong buys vegetables, Yonghui Supermarket, Sanjiang Shopping, BBK, etc. have issued "recruitment orders" to recruit employees who cannot return to work due to the epidemic situation, and solve the current "employment shortage" in a part-time manner.

According to Wang Xiaodong, vice president of the Hubei Chamber of Commerce in Guangdong Province, although the epidemic caused a cold winter for traditional companies, it also brought new opportunities to the rapidly developing digital economy. Enterprises can use the video live broadcast platform to explore the new business model of live broadcast + retail and inject vitality into traditional businesses.

"With the launch of the 'shared labor' model in the online retail industry, sharing has continued to make new breakthroughs in various industries, gradually expanding from the online retail industry to logistics, manufacturing and other industries, and expanding from first-tier cities to second- and third-tier cities." Wang Xiaodong said.

Allocate corporate labor costs

Promote rational allocation of resources

Since the outbreak of the epidemic, in order to cooperate with the government's epidemic prevention work, people have minimized going out and delayed resumption of work and classes. The catering industry, cultural tourism, and hotel accommodation have been affected to varying degrees.

Among them, the catering industry was unable to operate normally due to the drastic reduction in passenger flow and the supply chain was blocked. However, the operating costs of stores and service personnel were still paying as usual, and it has become one of the industries most affected this time. The relevant report released by the Evergrande Research Institute shows that the loss of the catering industry in the 7 days of the Spring Festival may reach 500 billion yuan.

According to related media reports, Shu Congxuan, chairman of Laoxiang Chicken, the largest fast-food chain in Anhui, said that the number of Laoxiang chickens in the country reached more than 16,000, including 800 directly-operated stores. Affected by the epidemic, the losses from the first day to the seventh day reached more than 20 million yuan. Jia Guolong, chairman of Xibei Noodle Village, also said that more than 400 chain stores in Xibei Noodle Village have basically ceased operations, and the only takeaway business can only reach 5% to 10% of normal revenue.

On February 12, Hema announced the start of a new round of recruitment, opening 30,000 positions, including headquarters procurement, technology, operations, etc., among which the delivery brother was most in short supply. According to Hema's estimates, the current Hema's job gap across the country is about 10,000 people. In addition to the planned new stores this year, the annual talent demand is expected to be around 30,000 people.

Guo Zeqiang, a professor at Zhongnan University of Economics and Law, said in an interview with "Legal System Daily" that "shared labor" is good for the whole society and promotes the rational allocation of labor resources. It turned out that employees could not move freely due to contract issues and social security issues. Today, temporary secondment can make resources more rationally allocated to a certain extent, and can also save manpower costs for enterprises.

"As far as the current situation is concerned, 'shared labor' has created huge benefits, solved the income problem of many workers waiting for the job at the current stage, alleviated the current shortage of manpower in the business super industry, and achieved a win-win situation for enterprises and employees. Guo Zeqiang said.

It is understood that, as of February 17, Wal-Mart's more than 400 hypermarkets, community stores, and Sam's member stores have already employed more than 3,000 part-time employees.

Beijing lawyer Xiao Dongping analyzes that it is of multiple significance for companies to cross-border water tests for “shared labor”. First, enterprises have improved their ability to fulfill contracts in special periods, and quickly formed a large supply of labor and multiple regions to respond simultaneously. The second is to share the labor cost of the enterprise, which is a self-rescue behavior of the company to mine the value of its own labor resources. The third is to facilitate the unified management and centralized prevention of idle employees during the epidemic prevention period.

Development prospects are worth looking forward to

Legal risks cannot be ignored

During the epidemic, the "shared labor" model unexpectedly became popular, which relieved the urgent needs of many enterprises and employees, but there were also many legal issues to be resolved. For example, how applicable is the "shared labor" model? How to prevent and control costs and risks? Is the "shared labor" model a temporary move in response to the epidemic, or is it a development trend in the future?

During the interview, some experts believed that the concept of "shared labor" is still open to question. The previous shared bicycles and shared charging treasures all refer to items, and if people are shared, it is a manifestation of "materializing" people. Weaken the concept of laborers from time to time, which in turn damages the right to personality. We should regard "shared employment" as a flexible employment method. This is not only a contingency measure, but also a trend. In the future, more and more people will have the opportunity to focus on what they are best at. It doesn't have to be tied to a company.

On February 17, Haro Travel announced that Haro Bicycles and Mopeds will open 8,000 vehicle operation and maintenance positions in many provinces and cities across the country, including vehicle dispatchers and "bike hunters", for people who have temporarily stopped due to the epidemic. .

According to Wuhan lawyer Zhang Qinghua, the risk of "shared employment" mainly lies in the determination of labor relations. Labor relationship refers to a social relationship in which the party providing labor services provides labor activities in the form of labor for the party in need, and the party in need pays the agreed remuneration. "Shared labor" has signed a labor contract with the labor enterprise, but in most cases, the labor arrangement is uniformly arranged by the original enterprise, and the original enterprise collects labor costs uniformly and then distributes them to employees. This has a typical labor relationship difference.

Zhang Qinghua believes that the current "shared employment" mostly belongs to the model of cross-industry loan and employment, that is, social insurance is still paid by the original unit, and the salary is borne by the borrowing unit and the original unit is responsible for issuing it.

For the three parties in the "shared employment" model, the legal risks are different. In order to avoid possible risks, the incumbent enterprise should sign relevant agreements with the original company and employees of the employees, agree on the rights and obligations, risk liability, and other issues, verify the participation of the original enterprise in terms of work injury, medical insurance, and Provide necessary pre-job training to employees, and determine whether physical fitness, working ability, etc. meet the job requirements through screening. In addition, they should also purchase commercial insurance to prevent possible risks.

Zhang Yunshu, an associate professor at the Law School of Anhui University of Finance and Economics, said that "shared labor" is not a legal definition or term. From the perspective of the legal relationship it embodies, it is similar to the familiar labor dispatch and outsourcing. Internationally, in some highly talented economies, "shared employment" is a normal form of employment. In our country, "shared labor" is a new thing. In order to truly play the role of the new model, it is suggested that courts, labor authorities, industry associations, etc. can give guidance on the current situation, alleviate the worries of all parties, and help protect the legitimate rights and interests of workers while helping more difficulties Companies go forward together to overcome difficulties.