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引用次数: 0
摘要
本案例说明回顾了雇员一般不能同时拥有两个雇主这一由来已久的原则的细节、基本原理和相关问题,并结合该原则对劳动法保护范围和适用的影响以及就业法庭最近在其 Embery 和 United Taxis 判决中对该原则的支持进行了分析。有观点认为,这一原则已经到了重新考虑和重述的时候了,尤其是考虑到有观点赞成采用联合雇佣模式,以酌情确保劳动标准的有效实施。
One Man, Two Guvnors: Revisiting the Principle Against Two Employers
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 consdieration by the Employment Tribunal in its Embery and United Taxis decisions. It is argued that this principle is ripe for recosndieraitona nd restatement, not leasst 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.
期刊介绍:
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.