Research on Legal Regulation of Mixed Employment of Related Enterprises
The introduction of the concept of affiliated enterprises in labor law aims to endow judicial institutions with the examination and determination of whether the mixed employment behavior of affiliated enterprises has avoided labor law and harmed the rights and interests of workers;The purpose of applying the rule of denying legal personality is to treat affiliated enterprises as joint employers in case judgments and require them to jointly assume legal obligations of the employer to the employee.If an employee is arranged to work in an affiliated enterprise after signing a labor contract with the employer,the ownership of the labor relationship shall be determined based on the contract;If affiliated enterprises adopt the method of rotating labor contracts to alternate employment,it shall be recognized that there is a labor relationship between the employee and the employer who later signs the labor contract;If no labor contract has been signed,the ownership of the labor relationship should be determined based on the actual employment.
related enterprisesthe rule of denying legal personalitychange of labor contractjoint liability
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