论平台企业在外包经营中的用工责任OACHSSCD

Currently,platform enterprises largely execute orders through outsourcing,with multiple entities such as contracting firms also participating in employment arrangements.This outsourcing operation model differs from traditional unilateral employment,blurring the labor law status of platform enterprises and leaving uncertainty as to whether they should bear employment responsibilities.As platform outsourcing is characterized by the diversification of employment entities,the severance of employment consensus,and the coordination of employment management,making it difficult to apply rules designed for single employment entities or labor dispatch rules,thus necessitating special regulation.Platform enterprises intervene in the labor process within outsourced operations,and this intervention is attributable,meaning they should bear employment responsibilities based on such behavior.The employment responsibilities of platform enterprises and contracting enterprises should be configured using a dualistic model,with the nature of the responsibility serving as the standard for allocation.Platform enterprises should bear a statutory debt centered on"protection"towards platform workers.After labor conditions are rationalized by the platform enterprise,the contracting enterprise then fulfills contractual obligations towards the platform worker.In principle,the employment responsibilities of platform enterprises and contracting enterprises are independent;exceptionally,the platform enterprise bears supplementary liability,joint and several liability,or advance payment liability.