One Man, Two Guvnors: Revisiting the Principle Against Two Employers
本文回顾了禁止双重雇佣原则的细节、理由及问题,结合英国就业上诉法庭的案例,主张重新审视该原则,并考虑采用联合雇佣模式以保障劳动标准的有效适用。
Abstract This case note reviews the detail of, rationale for, and issues arising in relation to the longstanding principle that in general terms an employee cannot simultaneously have two employers in the context of its impact on the scope and application of labour law protections and its recent consideration by the Employment Appeal Tribunal in its Embery and United Taxis decisions. It is argued that this principle is ripe for reconsideration and restatement, not least in the light of the arguments in favour of the adoption of a joint employment model in order, where appropriate, to ensure the effective application of labour standards.