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The Concept of the Employer (Paperback)
Loot Price: R1,334
Discovery Miles 13 340
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The Concept of the Employer (Paperback)
Series: Oxford Labour Law
Expected to ship within 12 - 17 working days
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Donate to Against Period Poverty
Total price: R1,354
Discovery Miles: 13 540
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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.
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