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At the beginning of 2020, the sudden new coronary pneumonia epidemic disrupted many industries. In the physical catering industry and retail industry, employees have no return to work. When they are "idle" at home, fresh e-commerce and takeaway food shopping are extremely hot, and the amount of online orders has surged, leading to labor in the supply chain such as sorting and distribution. There was a serious shortage and there was a “labor shortage”.
On February 3, 2020, with Alibaba Group’s Hema Xiansheng Supermarket publicly announcing the acceptance of employees from Yunhai Cuisine and Youth Restaurant (Beijing) to work in stores around Hema, and “shouting” other catering companies, issuing “employment orders”, Breaking through the situation of "employment shortage" on the one hand and "frightening panic" on the one hand, the "shared labor" model has become popular among some catering enterprises and new retail enterprises.
Taking the catering industry as an example, how to control labor costs has always been a big problem. In human resources operation and management, fixed employment accounts for more than 85% of the total number of employees, and the cost of monthly employee wages accounts for 20% of the total turnover. -25%. Almost all catering companies are racking their brains on how to reduce labor costs to less than 20%. In other words, the labor cost is a piece of fixed cost that does not change with the monthly turnover.
According to the different geographical locations, consumer groups, and restaurant flavors, catering shops have a low season every year. There are more people recruiting, and there is excess manpower in the off-season, which results in waste and fewer people recruiting. It is not enough to be busy.
At this time, the advantage of cross-industry "shared labor" has emerged. I am busy with you, I will help you, you will be busy with me, you will help me. While promoting emotions, it also solves the problem of overburdening labor costs for enterprises.
01 What is "shared employment"?
At present, most of the "shared employment" have the following two modes. One is that the two companies directly sign the employment agreement, and the original enterprise directly sends its employees to the demanding enterprise to "work short". The social security of the "shared employee" is still the original enterprise. Payment, wages are borne by the actual labor enterprise and paid by the supply company. Although this employment method is similar to the labor dispatch, it does not allow the existence of a profitable nature of the labor dispatch. It is not a labor dispatch and can be regarded as a short-term change of work place in law , Job positions and work content.
Another model is that the employment enterprise directly recruits workers who cannot resume work due to the epidemic on the relevant platform, and signs the relevant employment agreement. This model, by comprehensively considering the contents of the recruitment notice, the employment agreement, and the rights and obligations of both parties, etc., is possible Seen as a double labor relationship.
What the above two models have in common is that after the expiry of the employment agreement, the "shared employees" have to return to the original enterprise and continue the original work.
02 Identification of shared employee labor relations?
According to the response of the Ministry of Human Resources and Social Security: "Shared employment" does not change the labor relationship between the original enterprise and "shared employee". The social insurance of "shared employee" is still paid by the original enterprise. The original enterprise must not only ensure the "shared employee" Wages and remunerations also need to urge labor companies to provide necessary labor protection, reasonably arrange workers' working hours and tasks, and protect the physical and mental health of "shared employees."
However, the original enterprise and the employment enterprise can agree on a reasonable sharing of the employee's social security expenses by agreement.
03 How to deal with work-related injuries in "shared employees"?
If the "shared employee" is seconded to the employment enterprise and is injured by an industrial injury accident, the original enterprise shall bear the liability for work injury insurance, but the original enterprise and the employment enterprise may agree on compensation methods.
