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Vol 21 No 11 Nov/Dec 2016

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The Concept of the Employer


ISBN13: 9780198735533
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9780198796145



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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.

Subjects:
Employment Law
Contents:
Introduction: The Concept of the Employer and the Personal Scope of Employment Law

PART I: A CONCEPT UNDER PRESSURE
1. The Received Concept of the Employer
2. The Shared Exercise of Employer Functions Across Multiple Loci of Control

PART II: THE IMPLICATIONS OF A CONCEPT UNDER PRESSURE
3. The Fragile Scope of Employment Law Coverage
4. Complex Employment Structures in Germany: A Comparative Perspective

PART III: TOWARDS A FUNCTIONAL CONCEPT OF THE EMPLOYER
5. A Functional Concept
6. A Single Concept in Different Contexts

Conclusion: The Broader Implications of a Tension Resolved
Bibliography

Series: Oxford Monographs on Labour Law

The Concept of the Employer ISBN 9780198796145
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Oxford University Press
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The Personal Employment Contract ISBN 9780199298631
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European Employment Strategy: Labour Market Regulation and New Governance ISBN 9780199279647
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The Personal Employment Contract ISBN 9780199249268
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Freedom of Speech and Employment
Lucy VickersSenior Lecturer in Law, Oxford Brookes University
ISBN 9780198268307
Published November 2002
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Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
Published March 1999
Oxford University Press
£38.99
Women and the Law New ed ISBN 9780198763222
Published August 1998
Oxford University Press
£78.00
Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
Oxford University Press
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The Right to Strike ISBN 9780198254393
Published July 1991
Oxford University Press
£80.00