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The Concept of the Employer


ISBN13: 9780198796145
Published: September 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £32.99
Hardback edition out of print, ISBN13 9780198735533



Despatched in 4 to 6 days.

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.

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

A Purposive Approach to Labour Law ISBN 9780198824244
Published May 2018
Oxford University Press
£35.49
The Labour Constitution: The Enduring Idea of Labour Law ISBN 9780198821762
Published December 2017
Oxford University Press
£35.49
A Purposive Approach to Labour Law ISBN 9780198759034
Published May 2016
Oxford University Press
£78.00
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights (eBook) ISBN 9780191058547
Published November 2015
Oxford University Press
£87.50
(ePub)
Buy
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights ISBN 9780199691371
Published November 2015
Oxford University Press
£105.00
The Concept of the Employer ISBN 9780198735533
Published March 2015
Oxford University Press
Out of print
The Concept of the Employer (eBook) ISBN 9780191054433
Published March 2015
Oxford University Press
Out of print
The Labour Constitution: The Enduring Idea of Labour Law (eBook) ISBN 9780191038600
Published October 2014
Oxford University Press
£29.57
(ePub)
Buy
The Labour Constitution: The Enduring Idea of Labour Law ISBN 9780199601691
Published October 2014
Oxford University Press
£94.00
Legal Construction of Personal Work Relations ISBN 9780199551750
Published December 2011
Oxford University Press
£120.00
Legal Construction of Personal Work Relations (eBook) ISBN 9780191630019
Published December 2011
Oxford University Press
£100.00
(ePub)
Buy
A Right to Care? Unpaid Work in European Employment Law ISBN 9780199579020
Published April 2011
Oxford University Press
£122.50
Regulating Flexible Work ISBN 9780199218790
Published March 2008
Oxford University Press
£88.00
Welfare to Work: Conditional Rights in Social Policy ISBN 9780199237418
Published February 2008
Oxford University Press
£92.00
EU Intervention in Domestic Labour Law ISBN 9780199277209
Published May 2007
Oxford University Press
£110.00
£100.00
The Personal Employment Contract ISBN 9780199298631
Published December 2005
Oxford University Press
£65.00
European Employment Strategy: Labour Market Regulation and New Governance ISBN 9780199279647
Published December 2005
Oxford University Press
£140.00
£127.50
The Personal Employment Contract ISBN 9780199249268
Published July 2004
Oxford University Press
£160.00
Freedom of Speech and Employment
Lucy VickersSenior Lecturer in Law, Oxford Brookes University
ISBN 9780198268307
Published November 2002
Oxford University Press
£112.50
Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
Published March 1999
Oxford University Press
£59.00
Women and the Law New ed ISBN 9780198763222
Published August 1998
Oxford University Press
£95.00
Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
Oxford University Press
£71.00
The Right to Strike ISBN 9780198254393
Published July 1991
Oxford University Press
£56.00