Joint Employer Status in Triangular Employment Relationships
研究了三角雇佣关系中谁应被视为合法雇主,认为将雇主责任外包给临时工中介对长期员工不合理,应限制;即使短期雇佣,用户企业也应承担部分雇主责任。
Abstract The article examines the question of who should be considered the legal employer in triangular employment relationships. It is argued that outsourcing of employer responsibilities to temporary work agencies is illegitimate with regard to long‐term employees and must be curtailed; further, that even in the case of short‐term (‘traditional’) employment through agencies, there is reason to place some employer responsibilities with the user firm. The suggested solution supports regulations directed at preventing agency employment abuse, as currently exist in some European countries, but at the same time would place employer responsibilities with both agency and user firm, jointly and severally.