With the development of the market economy, more and more enterprises are setting up affiliated companies to expand their business, diversify risks or carry out capital operations. However, in practice, due to various reasons, there may be mixed employment among affiliated companies, that is, cross-employment of personnel, overlapping work contents, and overlapping management between affiliated companies. Under such circumstances, how to determine the employment relationship has become a complex and important issue. This article will combine the actual situation in Guangxi to determine the employment relationship in the case of mixed employment of affiliated companies.
1. Common situations of mixed employment of affiliated companies.
In Guangxi, it is common for affiliated companies to mix employees. Generally speaking, there are several manifestations of mixed employment in affiliated companies:
1.Cross-employment: There is a situation of cross-employment between affiliated companies, that is, employees hold the same position or have the same job responsibilities in multiple affiliated companies.
2.Overlapping work content: Employees take on similar or identical work tasks across affiliated companies, resulting in overlapping or overlapping work content.
3.Cross-management: There is overlap or overlap in management between affiliated companies, such as jointly formulating rules and regulations, jointly managing employees, and sharing office space.
II. The Legal Basis for the Determination of Labor Relations.
In Guangxi, the determination of labor relations is mainly based on the Labor Contract Law of the People's Republic of China and the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China and other relevant laws and regulations. According to these laws and regulations, the labor relationship refers to the relationship of rights and obligations in the labor process established by the employer and the employee in accordance with the law. The following factors generally need to be considered when determining an employment relationship:
1.whether there is an agreement between the employer and the employee;
2.whether the employer manages, directs or supervises the employee;
3.whether the employer pays the employee remuneration;
4.whether the employer provides the necessary working conditions for the employee;
5.Whether the labor provided by the employee is an integral part of the employer's business.
3. Determination of labor relations in the case of mixed employment of affiliated companies.
In the case of mixed employment of affiliated companies, the determination of the employment relationship needs to be comprehensively judged in light of the specific circumstances. In general, the following factors need to be considered:
1.Employee status: If an employee holds the same position or has the same job responsibilities in multiple affiliated companies, this indicates that there is a certain employment relationship between the employee and these affiliated companies. In this case, it is necessary to determine which affiliated company the employee has established an employment relationship with based on specific evidence.
2.Work content: If an employee undertakes similar or identical work tasks among affiliated companies, this indicates that there is a certain employment relationship between the employee and these affiliated companies. In this case, it is also necessary to determine which affiliated company the employee has established an employment relationship with based on specific evidence.
3.Salary payment: If an employee's salary is paid by one affiliated company, but the work involves multiple affiliated companies, this indicates that there is an employment relationship between the employee and the affiliated company that pays the salary. At the same time, other affiliated companies may be jointly and severally liable for mixed employment.
4.Management: If there is overlap or overlap in the management of affiliated companies, such as jointly formulating rules and regulations, jointly managing employees, sharing office space, etc., this indicates that there is a certain labor relationship between employees and these affiliated companies. In this case, it is necessary to determine which affiliated company the employee has established an employment relationship with based on specific evidence.
5.Business situation: If the labor provided by the employee is an integral part of the employer's business, and the employee's work content between the affiliated companies is closely related to the business of a certain company, the employee can be considered to have established an employment relationship with the affiliated company. In this case, it is necessary to carefully review the specific work content and business scope of the employee to determine which affiliated company the employee has established an employment relationship with.
IV. Conclusions. In Guangxi, it is necessary to comprehensively consider multiple factors such as the position of personnel, work content, wage payment, management and business in the case of mixed employment of affiliated companies. In practice, in-depth analysis and comparison of various factors should be carried out in light of the circumstances of each case to accurately determine which affiliated company the employee has established an employment relationship with. At the same time, it is suggested that the relevant laws and regulations should further clarify the difficulties in determining labor relations caused by mixed employment, so as to better protect the legitimate rights and interests of employees and maintain social stability.