Risks and Countermeasures of Flexible Employment in Enterprises under the Sharing Economy

The sharing economy has brought great challenges to the traditional employment mode of enterprises, and also provided important opportunities for their innovation. In this context, how to combine their own production and operation conditions to find a suitable employment model is an inevitable choice to optimize the labor cost. External conditions such as the optimization of the legal system, the support and guidance of the state in social security policies are also essential.

display their use value, so as to realize the maximum efficiency of the society. Second, is flexible employment. "The sharing economy is an unprecedented revolution that is quietly turning millions of people into part-time entrepreneurs", says the Forbes cover story. Under the background of sharing economy, the employment mode is extremely flexible on the whole, with strong self-control in working time, working place and working method, so that a large number of employees can flexibly engage in the work that suits them according to their own will and expertise, so as to obtain satisfactory remuneration.

Concept of Flexible Employment
Flexible employment is a new form of employment, which is different from the fixed full-time employment. Based on the different needs of employment, enterprises have the flexibility to employ employees, and the employees they employ do not establish any formal full-time labor relationship with the enterprise itself. It embodies the flexibility of employment form, employment time, employment form and employment form.

The Mode of Flexible Employment
According to the specific manifestation of the above flexible labor, this paper divides the flexible labor into the following modes.

Labor Dispatch
Dispatching the most rapid development in recent years, also known as "personnel dispatch", "labor dispatching", etc., in the labor dispatch, conclude a labor contract both sides is the dispatching institution and the dispatched workers, the dispatched workers by dispatching agency, to transfer to other Shared unit, employers need to pay a service charge for sending company, the dispatched labor wage is issued by the labor dispatching company . In recent years, in order to meet the needs of talents in China, a new employment method that can span regions and industries has been adopted.
When labor dispatch is used reasonably, it can simplify the management procedures, reduce labor disputes, share risks and responsibilities, reduce costs and expenses, use labor freely and flexibly, and regulate labor behavior. From the perspective of the company, outsourcing some businesses that do not belong to the core department to other companies will give them more time and energy to develop their own core businesses.

Non-Full-Time Employment
Hourly Labour remuneration for part-time labor refers to is given priority to, in the same unit of choose and employ persons, laborer working hours must not exceed an average of four hours a day, working hours accumulated shall not exceed twenty-four hours in a week, unit of choose and employ persons and laborer can choose a verbal agreement, do not sign labor contract, at any time, both sides have the right to notify the other party to end the employment practices (Ren, 2019). In terms of law, the regulations on part-time labor are relatively loose and extensive, giving enterprises a greater degree of employment freedom and management flexibility. For the post with strong replacement, the enterprise will adopt the mode of part-time labor for the purpose of reducing the cost.

Business Outsourcing
Business outsourcing, also known as "outsourcing of resources" and "outsourcing of resources", is often used by enterprises to reduce costs, improve efficiency, give full play to their core competitiveness and enhance their ability to respond quickly to the environment (Tan, 2017, pp. 89-97).
When using pure internal resources, the competitive advantage is not obvious enough. Therefore, in order to achieve a more favorable competitive advantage, the enterprise will often direct its non-core business to the corresponding cooperative enterprise. As an employer, the enterprise only contributes to supervision and training, and pays more attention to the result.

Short-Term Labor Contract Workers
Short-term labor contract is a form of employment that employs workers for a short period of time according to the employment needs of enterprises. Enterprises and workers will sign short-term labor contracts with fixed terms, mainly including seasonal employment, project employment, rehired personnel, interns and so on (Tu, 2018, p. 19). Short-term labor contract workers are a typical employment mode that reflects the diversity of flexible employment forms.

Platform Labor
Platform employment is a mode of flexible employment based on platform economy. With the rapid development of the Internet, the platform employment has gradually become an important form of flexible employment. According to the different functions of the platform, the use of platform labor can be divided into two modes: autonomous platform labor and organizational platform labor. In the employment of autonomous platform, it is the platform that provides the virtual trading place and trading rules, which requires the contracting between the supply and demand of labor services independently, and the platform is the intermediary. In the use of organizational platform, the platform is in the position of organizer, and both parties of labor supply and demand shall conclude a contract with the platform. The mainstream platforms such as online labor contract, express delivery, and food delivery all belong to the typical organizational platforms.

Market Size of Flexible Labor
With the rapid development of the sharing economy, the employment mode of enterprises and the employment concept of workers have changed, and China's labor market has also undergone earth-shaking changes. The scale of flexible employment has expanded rapidly in recent years.

Comparison of Flexible Employment in China's Sharing Economy and Traditional Economy (Vertical Comparison)
Under the traditional economic background, flexible employment is mainly based on the physical means of production. Under the background of large-scale production scale of ford system, the means of production had relatively high fixed costs, so it was urgent for enterprises to take possession of the means of production. At that time, employees only needed to provide labor and depended on the means of production of the enterprise. The enterprise was in a relatively strong position to command and command employees. In the actual business model of online ride-hailing, if the ride-hailing driver only owns the vehicle as the entity means of production, it is often not enough to support himself to survive in this industry, and more importantly, the ride-hailing driver needs to have a platform to provide the information resource of passenger order. Thus, the structure of the means of production in the sharing economy is completely different from that in the traditional economy.
Under the traditional economy, the employment relationship of flexible labor is embodied in the triangle structure of atypical labor relationship, that is, the enterprise, the employee and the third party organization involved (labor dispatch agency, labor outsourcing agency, etc.). With the intervention of the third party, on the one hand, the enterprise can concentrate on the development of its core business, so as to effectively improve its labor productivity; on the other hand, it can realize the transfer of labor relations, reduce labor costs and reduce its responsibilities as an employer. Under the sharing economy, the employment relationship of flexible labor is more inclined to the two-end structure of the typical labor relationship, that is, enterprise and employee. In the use of platform labor, what is reflected is that platform enterprises and workers cannot simply transfer labor relations through outsourcing and reduce labor costs. Thus it can be seen that the employment relationship in the sharing economy is obviously different from that in the traditional economy.

Economy (Horizontal Comparison)
The core of the sharing economy is information technology. There are also great differences between the flexible employment positions in China and those in developed countries. Because for flexible employment in developed countries has a relatively perfect system security, the safety coefficient is relatively high, in the United States, for example, in the 1980s, has been working in private enterprises and the government actively introduce remote, so under the background of Shared economy, most of the flexible employment of developed countries with remote labor is given priority to, with platform enterprise on-demand labor is complementary, and remote labor mainly appear in white-collar jobs, some even belonging to the enterprise's core business. On the one hand, China's system of flexible employment is not perfect enough, the safety factor is not high enough, and remote labor has not been

Non-Standard Employment of Enterprises
Under the background of sharing economy, enterprises pay attention to the flexibility of time, place and form in the employment process. When the job position presents the characteristics of alternative, temporary and auxiliary, the enterprise usually adopts the form of flexible employment, and it has very loose and flexible requirements for the workers with flexible employment. In many cases, it does not select the workers with flexible employment according to the traditional recruitment method, and most of them only pay attention to the quantity but ignore the quality. In the employment process, there is also a lack of daily management of flexible workers in the later period, and most enterprises do not disclose their employment rules, making flexible workers unable to understand their legitimate rights and interests. All of the above have led to non-standard employment in the process of flexible employment. When the non-standard employment of enterprises appears in the ride-hailing industry, on the one hand, it will lead to the mixed business process of ride-hailing platforms, on the other hand, it will make it difficult to fully protect the legitimate rights and interests of ride-hailing drivers.

The Legal Liability of the Enterprise Itself Is Not Clear
In the sharing economy, there is a non-standard labor relationship between the users and the workers in flexible labor, which is different from the typical standard labor relationship. As a result, the users usually deny their corresponding legal responsibilities. Although the user is not clearly defined as the subject of employment in law, the existing policy stipulates that flexible user needs to assume the necessary protection obligation to the worker, especially in the ride-hailing industry. Ride-hailing platforms should clarify their different legal responsibilities as platform operators and special carriers.
Because in the process of employment, enterprises in the sharing economy can not only determine the employment subject from the perspective of employment relations, but also establish the employment subject status from the perspective of social governance. In other words, in the sharing economy, enterprises can be used as a social platform to organize production factors, accept a wide range of information data, and have a strong externality.

The Employment Relationship between Enterprises and Employees Cannot Be Clearly Defined
At present, most of the labor relations in China are based on the typical standard labor relations, and there are no clear laws and regulations to define the flexible labor relations in the sharing economy.
Although it can be defined from the three standards of economic subordination, personality subordination and business subordination, it is difficult to unify the three standards to define the relationship between enterprises and employees under the condition of flexible employment due to the diversity of forms of flexible employment in enterprises, especially in the online car-hailing industry.
For example, when dealing with disputes over labor relations in the ride-hailing industry, it is difficult to unify the criteria.

"Institutional Dilemma" of Social Security
According to our country "labor law" the 72nd regulation: "unit of choose and employ persons and laborer must attend social insurance lawfully, pay social insurance premium" (Wu, 2013, pp. 60-62).
But this only applies to standard traditional labor relations. And "social insurance law" point out clearly, flexible worker can attend endowment insurance and medical treatment insurance by oneself, industrial injury insurance can be paid by unit of choose and employ persons only (Wang, 2019).

Actively Guide and Standardize the Employment of Enterprises
In the era of sharing economy, with the rapid development of the network, the explicit information resources become more and more prominent, and the release of employment information also emerges in an endless stream. In order to better guide and standardize the employment mode of enterprises (especially platform enterprises), we can start from the following aspects. First of all, for the recruitment of platform enterprises, it is necessary to improve the difficulty of applying for platform workers. By referring to the recruitment procedures of conventional enterprises, we should pursue the quality of platform workers rather than just the quantity. When conditions permit, we should sign necessary labor contracts with participating workers as far as possible. Not just for participation

Strengthen the Legal Responsibility of the Main Body of the Enterprise
In order to better adapt to the popularization of the flexible employment system of enterprises under the sharing economy, enterprises need to keep in mind their main legal responsibilities at all times, so that they can always regulate their behaviors and actively participate in maintenance during the rapid and  should not only exert its subjective consciousness, and provide order information to the online car-hailing driver in a timely manner, but also have certain requirements for the behavior of the online car-hailing driver, which can ensure online car-hailing The driver provides the best service for passengers. At the same time, during the operation of the platform, it should also clarify its legal status as the platform operator and special carrier to ensure that it can operate according to law.

Commissioning the "Labor Standards Law"
The "Labor Standards Law" protects the basic legal rights and interests of laborers through the compulsory state. It is partial to public law and applies to typical standard labor relations. Part of the coverage of the labor benchmarks of the country, and clarify the rights and obligations between the workers and workers of flexible employment in the sharing economy, so that they can also be applied to the different characteristics of flexible employment of enterprises in the sharing economy, thus ensuring the legal rights and interests of flexible workers who are in the sharing economy.

Amend the "Labor Contract Law"
Today's "Labor Contract Law" is mainly used to standardize and adjust the standard labor relationship.
However, in the era of rapid development of the sharing economy, more and more enterprises have Second, establish the "Industry Trade Union Law" to provide legal protection for flexible collective employment participants in industrial collective consultations in the sharing economy, which is conducive to jointly solving outstanding problems in the industry.

Improve the Social Security System
The traditional social security system mainly protects employees who have established typical standard labor relations with enterprises. For flexible workers, basic social security is difficult to meet. On the one hand, due to the uncertainty of the working hours and locations of flexible workers, it has caused great difficulty in maintaining their basic social insurance relationship. Therefore, in view of the rapid development of the sharing economy, Internet technology should be fully utilized to better improve the social insurance system under flexible employment, so that the social insurance relationship under flexible employment can achieve barrier-free connection between provinces and cities in China, so that flexible workers do not have to worry about the basic social insurance will not be guaranteed because of the flexibility of their work. On the other hand, because flexible workers and employers do not meet the typical standard labor relationship, they cannot compulsorily purchase integrated social insurance for flexible workers in accordance with the provisions of the Labor Law, and in accordance with the Social Insurance Law, it is stipulated that individuals cannot participate in work injury insurance.
Therefore, a large number of flexible workers cannot normally participate in work injury insurance, which makes it difficult for them to obtain basic protection after being injured at work, especially in online car-hailing vehicles such as Didi Chuxing Workers in the industry. This shows that the government should actively implement the policy of separating work injury insurance and labor relations, so that the majority of flexible employment workers can solve the problem through work injury insurance in the event of a work injury.