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The Concept of the Employer Jeremias Prassl (Associate Professor and Fellow, Associate Professor and Fellow, Faculty of Law, University of Oxford, and Magdalen College)

The Concept of the Employer By Jeremias Prassl (Associate Professor and Fellow, Associate Professor and Fellow, Faculty of Law, University of Oxford, and Magdalen College)

Summary

The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

The Concept of the Employer Summary

The Concept of the Employer by Jeremias Prassl (Associate Professor and Fellow, Associate Professor and Fellow, Faculty of Law, University of Oxford, and Magdalen College)

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.

The Concept of the Employer Reviews

Prassl's conceptual contribution to a functional understanding of the employer and his catholic methodological approach to sociolegal analysis is pathbreaking. * Judy Fudge, Industrial Law Journal *
This book is a highly readable and thought-provoking account of the idea of the employer in contemporary labour law from an analytical and normative perspective. Written by an extremely able young scholar specialising in the field of labour law, the breadth of insight and research is truly remarkable at times. * David Cabrelli, The Modern Law Review *
A helpful and fruitful analysis of a wide range of cases, official reports, and scholarly literature ... Prassl argues his case with great learning and panache. * Hugh Collins, Vinerian Professor, University of Oxford *

About Jeremias Prassl (Associate Professor and Fellow, Associate Professor and Fellow, Faculty of Law, University of Oxford, and Magdalen College)

Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and an Official Tutorial Fellow at Magdalen College. He read law at the Universities of Oxford and Paris II (MA, DPhil) as well as Harvard Law School (LL.M.). Prassl's primary research interests are in the fields of employment law, company law, and EU law.

Table of Contents

PART I: A CONCEPT UNDER PRESSURE; PART II: THE IMPLICATIONS OF A CONCEPT UNDER PRESSURE; PART III: TOWARDS A FUNCTIONAL CONCEPT OF THE EMPLOYER

Additional information

GOR011376714
9780198796145
0198796145
The Concept of the Employer by Jeremias Prassl (Associate Professor and Fellow, Associate Professor and Fellow, Faculty of Law, University of Oxford, and Magdalen College)
Used - Very Good
Paperback
Oxford University Press
2016-09-15
288
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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