How to determine the labor relationship?

How to protect legal rights?

Shared labor has an operation guide——

Set rules for "shared employment"

  Our reporter Li Jie

  "People's Daily Overseas Edition" (11th edition on November 11, 2020)

  Since the beginning of this year, "shared employment" has become a buzzword.

This new model of adjusting surplus employment and promoting flexible employment was widely used in the early stages of resumption of work and production. From Hema, to Lenovo, Haier and other companies, there are employees who participate in shared employment.

  However, as shared labor becomes more and more popular, it also faces some vague problems while revitalizing idle labor in some industries.

For example, how to protect the rights and interests of shared labor's labor compensation, social insurance, and work-related injury benefits?

How to resolve labor disputes?

  Recently, the Ministry of Human Resources and Social Security issued the "Notice on Doing a Good Job in Shared Employment Guidance and Services", which clarified related issues, and enterprises have clear operating guidelines for shared employment.

 Share labor and revitalize human resources

  “At that time, the resumption of work and production was imminent. Our workers in the northeast and Gansu were unable to return, and order production was greatly affected.” Recalling the shortage of manpower faced in early March, Ms. Lu, the head of the personnel department of a technology company in Shandong, was also impressed. .

At this moment, the local government where the company is located launched a "shared labor" model. Through the local Human Resources and Social Security Bureau and the Public Employment Service Association, the company started to share labor with another company that was in the same yard but with fewer orders, and eased labor. problem.

  On the one hand, human resources in some industries are idle and employees have no work; on the other hand, some companies have a shortage of labor and there is no work to be done. The emergence of the "shared employment" model has solved this "difficulty at both ends" and revitalized human resources.

  "During the epidemic, some companies that were short of work and some companies that have not yet resumed work and production have implemented'sharing labor'. This is actually a staff adjustment between companies, which has improved the efficiency of human resource allocation to a certain extent." Said Wu Liduo, head of the Xingfeng Office.

  With extensive attempts during the epidemic, nowadays, when manpower is scarce, recruiting full-time employees is no longer the only option for companies.

Recently, the recruitment platform "Zhilian Recruitment" released the "2020 Employment Trends Report-New Employment Forms in the New Situation". The survey results show that 53.2% of companies choose to recruit part-time and temporary employees, and 25.3% of companies borrow from other companies. Employees, and a few companies use AI technology to replace labor costs. The "shared employment" model is being adopted by more and more companies.

  "The'shared employment' model utilizes innovative thinking on flexible employment and sharing economy, so that employees have something to do and have a way to make a living, and the company has money to earn. It has achieved cross-regional, cross-work, and cross-enterprise breakthroughs." .

  Not only is there a need for “shared labor” during the special period of epidemic prevention and control, the characteristics of “tidal” labor in some industries have a long history.

The “Survey Report on the Living Conditions of the New Generation of Migrant Workers” recently released by the Social Psychology Research Center of the Institute of Sociology of the Chinese Academy of Social Sciences shows that due to orders, the recruitment needs and wages of some factories are constantly changing, making migrant workers pursuing higher incomes. Change jobs frequently.

  In the eyes of many experts, sharing labor is one of the effective ways to solve the "tidal" labor problem.

By sharing labor, it can reduce the shortage of orders and the burden of enterprises with high labor costs. It also creates more work options for workers and reduces the risk of workers' income reduction or even interruption.

  The “Notice on Doing a Good Job in Shared Employment Guidance and Services” recently issued by the General Office of the Ministry of Human Resources and Social Security clearly supports the development of shared employment among enterprises.

The "Notice" pointed out that the human resources and social security departments at all levels should support the sharing of labor among enterprises to solve the problems of high job stabilization pressure and high labor fluctuations in production and operation.

 Provide protection for workers' rights

  "There are mortgages, car loans, and two children. Without a job for a month, the pressure in life is very great. The boss contacted us with a company to adjust employment. At that time, I signed up." The old party is a catering in Fujian. With the help of shared employment, the employees of the enterprise successfully achieved a gap of employment and greatly reduced the burden on the family.

Since the beginning of this year, many employees have benefited from this flexible employment method like him.

  However, when it comes to issues other than wage settlement, such as how to calculate labor relations?

Who is responsible in case of a work injury?

Can I return to the original enterprise after the shared employment?

Many staff involved in shared employment said that they "didn't think so much" or "unclear".

Issues such as labor relations and rights protection of shared employment have also become the main focus of subsequent social discussions.

  In response to these practical problems, the "Notice" of the Ministry of Human Resources and Social Security has made clear one by one.

  How to determine the labor relationship?

The original enterprise and the workers have reached an agreement to arrange the workers to work in the enterprise lacking jobs without changing the labor relationship between the original enterprise and the workers.

Workers who work in other units without being arranged by their employers do not belong to the situation of shared employment as mentioned in this "Notice".

  How to protect legal rights?

It is necessary to guide and urge the original enterprise to pay labor remuneration and social insurance premiums for laborers on time and in full, and must not deduct labor remuneration from laborers or collect fees in any name.

If a worker has a work-related injury accident while working in an enterprise that lacks work, the original enterprise shall bear the liability for work-related injury insurance in accordance with the third paragraph of Article 43 of the "Work Injury Insurance Regulations". The compensation method may be agreed with the enterprise lacking work.

  What are the autonomy of workers?

During the period when the laborer is working in the enterprise lacking work, if the enterprise lacking work fails to fulfill the obligation to protect the rights and interests of the laborer in accordance with the agreement, the laborer may return to the original enterprise, and the original enterprise shall not refuse.

In addition, when the shared labor cooperation period expires, the worker should return to the original enterprise, and the original enterprise should make arrangements for acceptance in a timely manner.

  "Sharing labor is a surplus adjustment method that the market spontaneously explored in the early stage of the new crown pneumonia epidemic. It is also a more important enterprise flexible employment system in my country’s labor market after labor dispatch, providing the labor market to respond to the current complex situations. An important institutional tool.” Zhang Chenggang, director of the China New Employment Form Research Center, Capital University of Economics and Business, believes that under the shared employment model, more attention should be paid to protecting the right of choice for workers.

The rights and interests of the workers must be put in the first place in the employment adjustment, so as to avoid harm to the rights and interests of the workers due to unfavorable coordination and connection.

 New opportunities for flexible employment and employment

  Recently, in the Tianxin Economic Development Zone of Changsha, Hunan, the sharing economy employment platform "V Partial Worker" was officially launched.

This move is also considered to be an innovative move in response to the rapid development of the new economy and new business in the Internet era, and the booming of new opportunities for flexible employment and flexible employment.

  The reporter combed and found that at present, shared labor platforms in many regions and industries have emerged.

During the epidemic, some Internet companies specially launched "cross-border" employment platforms. For example, Alibaba's local life service company launched the "blue ocean" employment sharing platform; the hunting recruitment platform launched the "employee sharing" plan to provide services for various business types.

At the same time, the human resources and social departments in many places have built a "corporate employment sharing platform" to assist in labor adjustments among enterprises.

Putian, Fujian, Chengdu, Sichuan and many other places have launched service platforms, companies can publish and match their needs in a timely manner, and some also open personal online registration.

  "Although shared labor is not a new concept, it is a new model to vigorously develop a shared labor platform. With a standardized shared labor platform, shared labor will become a new form of employment." Ouyang, deputy dean of the China Internet Economic Research Institute, Central University of Finance and Economics Rihui said that the shared employment platform relies on digital technology and has functions such as information aggregation, data sharing, precise matching, and job search. It can realize the effective push and convenient acquisition of flexible employment information and employment information.

  Behind the rise of various shared labor platforms, it also corresponds to a wide range of market demands.

Research by the Chinese Academy of Labor and Social Science Security shows that 100 million people in China are engaged in flexible employment as a whole, and 78 million of them rely on the Internet to achieve new forms of employment.

  The reporter found that there are still many companies in the market that provide third-party services for shared employment platforms. For example, according to the characteristics of the new economy and new employment patterns, they help flexible employment and freelancers to conduct online income settlement, tax declaration, and invoicing applications. .

  In the eyes of many practitioners, there are more and more service platforms, and the content of shared employment is further clarified. In the future, shared employment is expected to usher in more space.

"At present, flexible employment and shared employment are still in a relatively early stage of development. With the continuous improvement of industry laws, regulations and standards, flexible employment and shared labor unions will be accepted by more and more people in the future. A huge employment group in China will also form A sizable market." said a person in charge of a human resources service organization.