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在我国,双重劳动关系的产生,应肇始于上世纪轰轰烈烈的国企改制浪潮,一大批待岗或者下岗的职工迫于生计,在与原单位保持劳动关系的同时,纷纷找了新的“东家”。由于劳动者事实上只为一家单位提供劳动,此时双重劳动关系之纷争并不突出。随着社会的不断与发展,劳动者择业机会增多,双重劳动关系也随之大量出现。我国法律是否承认双重劳动关系?双重劳动关系下劳动者是否享受双份社保?……现行规定的不甚明确与滞后致使各地法院判法不一,此类纠纷也成为劳动争议案件难点之一。
In our country, the emergence of double labor relations should start from the vigorous wave of state-owned enterprise restructuring in the last century. A large number of workers waiting to be laid off or laid off are forced to livelihoods. While maintaining the labor relationship with the original units, they have found new “ ”. Since laborers actually only provide labor for one unit, disputes over dual labor relations are not prominent at this time. With the continuous development of the society, the opportunities for employment of labors have increased, and double labor relations have also appeared in large numbers. Does China's law recognize double labor relations? Does labor enjoy double social security under double labor relations? ... The current regulations are not clear and lagged, leading to different jurisdictions. Such disputes have also become one of the difficulties in labor dispute cases.