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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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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.

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

1. The Received Concept of the Employer
2. The Shared Exercise of Employer Functions Across Multiple Loci of Control

3. The Fragile Scope of Employment Law Coverage
4. Complex Employment Structures in Germany: A Comparative Perspective

5. A Functional Concept
6. A Single Concept in Different Contexts

Conclusion: The Broader Implications of a Tension Resolved

Series: Oxford Monographs on Labour Law

The Concept of the Employer ISBN 9780198796145
Published September 2016
Oxford University Press
The Concept of the Employer (eBook) ISBN 9780191054433
Published March 2015
Oxford University Press
£50.00 + £10.00 VAT
Legal Construction of Personal Work Relations (eBook) ISBN 9780191630019
Published December 2011
Oxford University Press
£75.00 + £15.00 VAT
Legal Construction of Personal Work Relations ISBN 9780199551750
Published December 2011
Oxford University Press
A Right to Care? Unpaid Work in European Employment Law ISBN 9780199579020
Published April 2011
Oxford University Press
Regulating Flexible Work ISBN 9780199218790
Published March 2008
Oxford University Press
Welfare to Work: Conditional Rights in Social Policy ISBN 9780199237418
Published February 2008
Oxford University Press
EU Intervention in Domestic Labour Law ISBN 9780199277209
Published May 2007
Oxford University Press
The Personal Employment Contract ISBN 9780199298631
Published December 2005
Oxford University Press
European Employment Strategy: Labour Market Regulation and New Governance ISBN 9780199279647
Published December 2005
Oxford University Press
The Personal Employment Contract ISBN 9780199249268
Published July 2004
Oxford University Press
Freedom of Speech and Employment
Lucy VickersSenior Lecturer in Law, Oxford Brookes University
ISBN 9780198268307
Published November 2002
Oxford University Press
Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
Published March 1999
Oxford University Press
Women and the Law New ed ISBN 9780198763222
Published August 1998
Oxford University Press
Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
Oxford University Press
The Right to Strike ISBN 9780198254393
Published July 1991
Oxford University Press