由疫情而生之“共享员工”模式的劳动法思考

Reflection on"Shared Employee"Model Arising from Pandemic in Labor Law

新冠肺炎疫情所催生的“共享员工”用工模式,表面看其属企业间合作的民事领域,实却是一种具有劳动法属性的非典型用工方式,且其承载多重用工任务,疫情结束后可行性不高,还存在诸多法律风险,需予规制以引导其健康发展。

COVID-19 has given birth to a new employment model:"shared employees."On the sur face,"shared employees"belongs to the civil field of cooperation between enterprises,but in reality,it is similar to labor dispatch and is an atypical employment method with labor law attributes and it carries multiple labor tasks.It is not fea⁃sible after the pandemic.As this model has many legal risks,it needs to be regulated to guide its healthy develop ment.