2020 年以来，受到新冠疫情影响，劳动力市场供需结构失衡，民间自发推 出“共享用工”这一较新型劳动用工模式化解危机。对于此种新的劳动用工模 式，我国法律体系中仅由人社部以《通知》的形式进行了相关指导，在法律规 制上存在不足。近年来，不断有灵活用工劳动者的合法权益主张在法律适用上 产生模糊的困境，共享用工更是作为具有三方雇佣特点的复杂劳动用工模式为 这一问题提出新挑战。如三方主体的法律地位如何明确界定，雇主责任如何承 担，是否应当认可双重劳动关系的存在等。本文通过系统研究，对共享用工的 概念、类型、当事人之间的法律关系进行探讨，借鉴劳务派遣等其他三角雇佣 关系透视共享用工中的劳动者权益保护问题，为共享用工常态化实施的劳动者 权益保障路径提出法律规制建议。

本文共分为五个部分。第一部分为绪论，包括本文的研究背景和意义，研 究现状及研究方法。第二部分首先对共享用工的基本概念进行界定，分析共享 用工的特征和中外共享用工的不同类型，为后文的路径探索部分提供参考，尤 其是德国的短时工作制在适用条件、保障程度等方面的具体规定有借鉴价值。 对共享用工中主体间的法律关系进行分析旨在厘清共享用工的独特性，有针对 性的进行法律规制路径设计，而非照搬现有模式。第三部分从三个方面探讨共 享用工中劳动者权益受损的原因，一是宏观层面，受劳动非典型化浪潮冲击， 劳动灵活性的不断增强对劳动者而言是一把双刃剑;二是理念层面劳动法概念 缺失和相应法律身份的模糊导致了权利主张的困难;三是实践层面由于劳动者 生存的迫切需要，导致进入共享用工的劳动者意愿存疑、劳动条件保障不足， 企业和员工在共享用工中的合法权利行使不同程度地存在障碍，劳动监察缺位 等，论证对其加强法律规制具有必要性。第四部分对共享用工的法律规制从两 个方面提出了具体设想。一是明确实施共享用工的前提条件，明确法定劳动基 准和企业责任划分，不得任意实施以变相派遣;二是重视专业平台的建设推 广，并进行加强法律监管。最后一部分为结论，对全文进行总结，本文认为共 享用工不应简单地以双重劳动关系或套用某一既有劳动调整手段进行规制，而 是应当有针对性地设计相应制度。

Since 2020, due to the impact of the new crown epidemic and the imbalance of supply and demand in the labor market, the private sector has spontaneously launched the new labor employment model of "shared labor" to solve the crisis. The Ministry of Human Resources and Social Security (MHRSS) has only provided guidance on this new labor model in the form of Notice, which is inadequate in legal regulation. In recent years, the legal rights and interests of flexible workers have been blurred in the legal regulation, and the shared employment is a complex labor employment model with the characteristics of tripartite employment, which poses new challenges to this issue. For example, how to clearly define the legal status of the three parties, how to assume the responsibility of employers, and whether the existence of dual labor relations should be recognized. Through systematic research, this paper discusses the concept, types and legal relationship between parties of shared employment, examines the protection of workers' rights and interests in shared employment with reference to other triangular employment relationships such as labor dispatch, and makes legal regulation suggestions for the protection of workers' rights and interests in the normal implementation of shared employment.

This paper is divided into five parts. The first part is the introduction, which includes the background and significance of this paper, the current situation of research and research methods. The second part firstly defines the basic concept of shared employment, analyzes the characteristics of shared employment and the different types of shared employment in China and abroad, and provides references for the later part of the paper, especially the specific regulations of Germany's short- time work system in terms of application conditions and degree of protection, which are of reference value. The purpose of analyzing the legal relationship between subjects in shared employment is to clarify the uniqueness of shared employment and to design the path of legal regulation in a targeted way, instead of copying the existing model. The third part discusses the reasons for the damage of workers' rights and interests in shared employment from three aspects: firstly, at the macro level, the increasing flexibility of labor is a double-edged sword for workers due to the wave of labor atypicalization; secondly, at the conceptual level, the lack of labor law concept and the ambiguity of corresponding legal identity lead to the difficulty of claiming rights; thirdly, at the practical level, the urgent need for workers' survival leads to the doubtful willingness of workers to enter into shared employment and the difficulty of claiming rights. Thirdly, in practice, due to the urgent need of workers' survival, the willingness of workers to enter into shared employment is doubtful, the labor conditions are not sufficiently guaranteed, the legal rights of enterprises and employees in shared employment are obstructed to different degrees, and the labor inspection is absent. The fourth part puts forward specific ideas on the legal regulation of shared employment from two aspects. Firstly, it clarifies the prerequisites for the implementation of shared employment and the division of legal labor benchmarks and enterprise responsibilities, so that no arbitrary implementation can be disguised as dispatch; secondly, it attaches importance to the construction and promotion of professional platforms and the strengthening of legal supervision. The last part is the conclusion, which summarizes the whole paper. The paper believes that the shared employment should not be regulated simply by dual labor relations or by applying a certain existing labor adjustment means, but the corresponding system should be designed in a targeted manner.