双重劳动关系规制研究

Research on the Regulations of Dual Labor Relations

在互联网经济飞速发展的新时代,双重劳动关系已成为较常见的非标准劳动关系。相较于单一劳动关系,双重劳动关系的主体、内容和客体均存在特殊之处,这也是双重劳动关系规制的重点与难点。我国现有法律法规存在未明确可建立双重劳动关系的劳动者主体资格的内涵和外延、对第二重劳动关系中劳资双方随时终止用工权的行使未进行限制、双重劳动关系中劳动者适用工时制度的规定较笼统等问题。针对这些问题,提出以下规制建议:明确可建立双重劳动关系的劳动者主体资格的内涵和外延;对第二重劳动关系中劳资双方随时终止用工权的行使作出限制;完善双重劳动关系中劳动者工时适用规定。

In the current era of rapid Internet economic development,dual labor relations have become a common non-standard labor relation.Compared with single labor relations,the subject,substance,and object of dual labor relations all have special features;this is also a critical and difficult issue in regulating dual labor interactions.There are issues with China s current laws and regulations,such as failure to clarify the definition and extension of the subject qualification of workers who can establish dual labor relations,failure to restrict the exertion of right to terminate labor contracts at any time by both the employer and the employee in the second labor relations,and the ambiguous regulations for applying the working hour system to workers in dual labor relations.To address these challenges,the following regulatory recommendations are proposed:Clarify the definition and extension of the subject qualification of laborers capable of establishing dual labor relations;Restrict the exertion of the right to terminate the labor contract between the employer and the employee in the second labor relations at any time;Improve the regulations for applying the working hours to workers in dual employment agreements.