On the Legal Nature and Liability of Shared Employment

DOI: https://doi.org/10.62517/jel.202614106

Author(s)

Weiyu Lu

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Against the background of the digital economy driving the diversified transformation of employment forms, this paper focuses on the identification of the legal nature and liability undertaking of shared employment. Combined with three practical models, it deeply differentiates the similarities and differences between shared employment and other employment forms such as labor dispatch, employee secondment and labor outsourcing, and clarifies its unique legal attributes. The paper focuses on sorting out the tripartite legal relationship structure of shared employment, and points out many problems caused by the lag of current legal norms, including the absence of definition of the legal nature of shared employment, inconsistent judicial adjudication standards, ambiguous identification of labor relations and disputes over liability undertaking. On this basis, this paper further explores the liability undertaking mechanism of shared employment, and proposes paths such as improving institutional design, strengthening administration supervision and consolidating corporate social responsibility to clarify the boundaries of rights and obligations of all parties. The research aims to regulate shared employment, protect the legitimate rights and interests of workers, promote the healthy and orderly development of the flexible employment market, and safeguard the unity and authority of the labor legal system.

Keywords

Shared Employment; Flexible Employment; Legal Nature; Liability Undertaking; Protection of Labor Rights and Interests

References

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