The Concept of the Employer

Nonfiction, Reference & Language, Law, Labour & Employment
Cover of the book The Concept of the Employer by Jeremias Prassl, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jeremias Prassl ISBN: 9780191054433
Publisher: OUP Oxford Publication: March 26, 2015
Imprint: OUP Oxford Language: English
Author: Jeremias Prassl
ISBN: 9780191054433
Publisher: OUP Oxford
Publication: March 26, 2015
Imprint: OUP Oxford
Language: English

Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

More books from OUP Oxford

Cover of the book An Introduction to Resting State fMRI Functional Connectivity by Jeremias Prassl
Cover of the book Damp Squid : The English Language Laid Bare by Jeremias Prassl
Cover of the book Neuroimaging and Neurophysiology in Psychiatry by Jeremias Prassl
Cover of the book A Game-Theoretic Perspective on Coalition Formation by Jeremias Prassl
Cover of the book The European Convention on Human Rights and General International Law by Jeremias Prassl
Cover of the book Spectres of False Divinity by Jeremias Prassl
Cover of the book Oxford Handbook of Medical Imaging by Jeremias Prassl
Cover of the book Employment Law by Jeremias Prassl
Cover of the book Global Catastrophes: A Very Short Introduction by Jeremias Prassl
Cover of the book Plague: A Very Short Introduction by Jeremias Prassl
Cover of the book Sorrowful Shores by Jeremias Prassl
Cover of the book Property and Justice by Jeremias Prassl
Cover of the book Personal Property Law by Jeremias Prassl
Cover of the book The Celts: A Very Short Introduction by Jeremias Prassl
Cover of the book The Oxford Handbook of Natural Theology by Jeremias Prassl
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy