近日，新疆一操作工安某江因混同用工的企业不再发放工资而离职，引发了一场关于用工责任归属的争议。据工人日报报道，安某江在新疆某科技公司及其子公司新疆某建材公司工作期间，因工资发放问题提出离职。法院终审判决，要求新疆某科技公司支付安某江加班工资，同时认定存在混同用工的情况，新疆某建材公司需承担连带给付责任。
本案中，科技公司与建材公司虽为关联企业，但未能明确区分各自的用工责任，导致安某江在离职时面临劳动关系不明的问题。法院的判决强调了用人单位利用关联关系规避用工责任的做法是不可取的，实际中需承担连带责任。
律师表示，混同用工不仅给员工带来困惑，也容易引发劳动争议。企业应当明确各自的用工责任，避免混同用工现象，确保员工权益得到充分保护。同时，这也提醒相关部门和机构加强对关联企业用工行为的监管，确保劳动法规得到有效执行。
此案的判决不仅为安某江争取到了应有的经济补偿，也为其他遭遇类似问题的劳动者提供了法律上的支持。它再次提醒企业，混同用工可能会带来法律风险，应依法合规地开展用工活动，保障员工的合法权益。
英语如下：
News Title:
Keywords: Confusion, Employment, Vicarious Liability
News Content:
Employees Injured and Leaving Due to Confused Employment: Who Should Bear the Responsibility?
Recently, an employee named An Mingjiang from Xinjiang filed for resignation after the company he worked for, a joint venture between a technology firm and a building materials company, stopped paying wages, sparking a debate over the responsibility for employment. According to a report by the Worker’s Daily, An Mingjiang worked at a technology company in Xinjiang and its subsidiary, a building materials company, where he raised issues with wage payments and subsequently resigned. In a final court judgment, the technology company was ordered to pay An Mingjiang overtime wages, and it was also determined that there was confusion in employment, with the building materials company required to bear joint liability for the payment.
Although the technology and building materials companies are affiliated enterprises, they failed to clearly distinguish their respective employment responsibilities, leading to ambiguity in An Mingjiang’s employment relationship when he left his job. The court’s ruling emphasized that the practice of employers using inter-corporate relationships to evade employment responsibilities is unacceptable and that they must bear joint responsibility in practice.
Legal experts have stated that confusion in employment not only confuses employees but also easily leads to labor disputes. Companies should clearly distinguish their respective employment responsibilities, avoid confusion in employment, and ensure that employees’ rights and interests are fully protected. This case also reminds relevant departments and institutions to strengthen the supervision of employment practices among affiliated enterprises to ensure the effective implementation of labor laws and regulations.
The judgment in this case not only secured economic compensation for An Mingjiang but also provided legal support for other workers facing similar issues. It serves as a reminder to businesses that confusion in employment may bring legal risks and that they should conduct employment activities in accordance with the law to protect employees’ rights and interests.
【来源】http://www.chinanews.com/sh/2024/08-02/10262037.shtml
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