The notion of employer in the era of the fissured workplace : should labour law responsibilities exceed the boundary of the legal entity? /
editors, Roger Blanpain, Frank Hendrickx ; guest editors, Hiroya Nakakubo, Takashi Araki ; contributors, Diego Álvarez Alonso [and 11 others].
imprint
Alphen aan den Rijn, The Netherlands : Wolters Kluwer, Kluwer Law International B.V., [2017]
description
xvi, 241 pages : illustrations ; 25 cm
ISBN
9041184708, 9789041184702, 9789041184719, 9789041184726
format(s)
Book
Holdings
More Details
imprint
Alphen aan den Rijn, The Netherlands : Wolters Kluwer, Kluwer Law International B.V., [2017]
isbn
9041184708
9789041184702
9789041184719
9789041184726
contents note
Introduction / Hiroya Nakakubo & Takashi Araki -- The legal ambiguity of fissured work in the United States / Matthew W. Finkin -- Fissurization in Japan : overview and analysis from a legal perspective / Qi Zhong -- Reconsidering the notion of 'employer' in the era of the fissured workplace : traversing the legislative landscape in Australia / Tess Hardy -- Reconsidering the notion of 'remployer' in the era of the fissured workplace in the UK : should labour law responsibilities exceed the boundary of the legal entity? / Jeremias Prassi -- Reconsidering the notion of 'employer' in the era of the fissured workplace in Germany : should labour law responsibilities exceed the boundary of the legal entity? / Bernd Waas -- Reconsidering the notion of 'employer' in the era of the fissured workplace : responses to fissuring in French labour law / Sylvaine Laulom -- Labour law and "atomization of work" : legal responses to the "fissured workplace" in Spain / Diego Álvarez Alonso -- Regulating the fissured workplace : the notion of the 'employer' in Chinese labour law / Mimi Zou -- Realizing workers' rights beyond corporate boundaries in South Korea / Aelim Yun -- The fissured workplace and predicaments and breakthroughs in Taiwanese labour law / Shih-Hao Liu.
general note
Based on a selection of papers presented at the 13th Comparative Labor Law Seminar (the Tokyo Seminar) in Tokyo on February 29 and March 1, 2016.
abstract
"The word ‘fissured’ aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world’s leading market-driven economies – Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? ; Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? ; What managerial motives and socioeconomic backgrounds give rise to such fissurization? ; What distinct phenomena compose fissuring? ; Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere."--Publisher's website.
catalogue key
11009090
 
Includes bibliographical references.

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