ArticleOpen Access http://dx.doi.org/10.26855/jhass.2023.10.032
A Study on the Legal Aspects of Mixed Employment in Affiliated Enterprises
Qidong Zheng
Dalian Ocean University, Dalian, Liaoning, China.
*Corresponding author: Qidong Zheng
Published: November 27,2023
Abstract
At present, some enterprises still engage in mixed employment practices in order to evade the legal responsibilities that should be shouldered by the enterprises. This not only violates the legal rights and interests of the workers, but also undermines the proper attribution of labor relations and the responsibilities of each party involved. Due to the slow progress and limitations of legislation, China's current laws have not yet included specific provisions regarding the legal responsibility of mixed employment in the field of labor law. This has led to disagreements among judges in judicial practice regarding the attribution of labor relations and the liability of associated units when hearing such cases. Judges in different regions often have different verdicts in similar cases when trying such matters. This not only poses a challenge to judicial practice but also undermines the fairness and authority of the law to some extent. It is important to define the meaning of affiliated enterprises in a clear and reasonable manner, particularly in the context of labor law. Additionally, it is crucial to clarify the conditions under which affiliated enterprises can be evaluated based on their distinct characteristics. When an enterprise violates the legitimate rights and interests of workers through mixed employment, determining the attribution of labor relations and holding the relevant parties accountable are issues that need to be addressed in both legal and judicial practice. Clarifying the causes of the aforementioned problems and proposing corresponding countermeasures will help prevent inconsistent judgments in similar cases, ensuring judicial justice and authority. It will also regulate employment practices in enterprises to reduce the occurrence of such cases, thereby upholding the original legislative intent of this sectoral law. This intent is to protect the legitimate rights and interests of workers, establish harmonious and stable relations between employers and employees, and promote social development and economic progress.
Keywords
Affiliated enterprises, mixed employment, legal liability, affiliation
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How to cite this paper
A Study on the Legal Aspects of Mixed Employment in Affiliated Enterprises
How to cite this paper: Qidong Zheng. (2023) A Study on the Legal Aspects of Mixed Employment in Affiliated Enterprises. Journal of Humanities, Arts and Social Science, 7(10), 2085-2090.
DOI: http://dx.doi.org/10.26855/jhass.2023.10.032