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Joint Employer Status in Triangular Employment Relationships

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  • Guy Davidov

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.

Suggested Citation

  • Guy Davidov, 2004. "Joint Employer Status in Triangular Employment Relationships," British Journal of Industrial Relations, London School of Economics, vol. 42(4), pages 727-746, December.
    • Handle: RePEc:bla:brjirl:v:42:y:2004:i:4:p:727-746
    DOI: 10.1111/j.1467-8543.2004.00338.x
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    References listed on IDEAS

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    1. Susan N. Houseman, 2001. "Why Employers Use Flexible Staffing Arrangements: Evidence from an Establishment Survey," ILR Review, Cornell University, ILR School, vol. 55(1), pages 149-170, October.
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    Cited by:

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    2. Markus Helfen & Jörg Sydow & Carsten Wirth, 2024. "Inter-organisational human resource management and network orientation of worker representatives: a practice-based perspective," Transfer: European Review of Labour and Research, , vol. 30(2), pages 181-206, May.
    3. Kim Hoque & Ian Kirkpatrick & Alex De Ruyter & Chris Lonsdale, 2008. "New Contractual Relationships in the Agency Worker Market: The Case of the UK's National Health Service," British Journal of Industrial Relations, London School of Economics, vol. 46(3), pages 389-412, September.
    4. Leah Vosko, 2008. "Temporary Work in Transnational Labor Regulation: SER-Centrism and the Risk of Exacerbating Gendered Precariousness," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 88(1), pages 131-145, August.
    5. Bas A. S. Koene & François Pichault, 2021. "Embedded Fixers, Pragmatic Experimenters, Dedicated Activists: Evaluating Third‐Party Labour Market Actors’ Initiatives for Skilled Project‐Based Workers in the Gig Economy," British Journal of Industrial Relations, London School of Economics, vol. 59(2), pages 444-473, June.
    6. Jong-Woon Lee, 2014. "Labour Contracting and Changing Employment Relationships in South Korea," Development Policy Review, Overseas Development Institute, vol. 32(4), pages 449-473, July.
    7. Danielle D. Van Jaarsveld & Hyunji Kwon & Ann C. Frost, 2009. "The Effects of Institutional and Organizational Characteristics on Work Force Flexibility: Evidence from Call Centers in Three Liberal Market Economies," ILR Review, Cornell University, ILR School, vol. 62(4), pages 573-601, July.
    8. Rutvica Andrijasevic & Devi Sacchetto, 2017. "‘Disappearing workers’: Foxconn in Europe and the changing role of temporary work agencies," Work, Employment & Society, British Sociological Association, vol. 31(1), pages 54-70, February.
    9. Lars W. Mitlacher, 2005. "Temporary Agency Work, the Changing Employment Relationship and its Impact on Human Resource Management," management revue - Socio-Economic Studies, Nomos Verlagsgesellschaft mbH & Co. KG, vol. 16(3), pages 370-388.
    10. Jill Rubery & Damian Grimshaw & Arjan Keizer & Mathew Johnson, 2018. "Challenges and Contradictions in the ‘Normalising’ of Precarious Work," Work, Employment & Society, British Sociological Association, vol. 32(3), pages 509-527, June.
    11. Chris Forde & Gary Slater, 2005. "Agency Working in Britain: Character, Consequences and Regulation," British Journal of Industrial Relations, London School of Economics, vol. 43(2), pages 249-271, June.
    12. Johanna Katharina Schenner, 2017. "The Gangmaster Licensing Authority: An Institution Able to Tackle Labour Exploitation?," Economia agro-alimentare, FrancoAngeli Editore, vol. 19(3), pages 357-381.
    13. Philippa Collins & Joe Atkinson, 2023. "Worker voice and algorithmic management in post-Brexit Britain," Transfer: European Review of Labour and Research, , vol. 29(1), pages 37-52, February.
    14. Di van den Broek & William Harvey & Dimitria Groutsis, 2016. "Commercial migration intermediaries and the segmentation of skilled migrant employment," Work, Employment & Society, British Sociological Association, vol. 30(3), pages 523-534, June.
    15. Jos Gamble & Qihai Huang, 2009. "One Store, Two Employment Systems: Core, Periphery and Flexibility in China's Retail Sector," British Journal of Industrial Relations, London School of Economics, vol. 47(1), pages 1-26, March.
    16. Johanna Katharina Schenner, 2018. "The Governance of the Horticultural Supply Chain in the United Kingdom: A Source of Forced Labour?," Economia agro-alimentare, FrancoAngeli Editore, vol. 20(1), pages 29-54.
    17. Lilith Brouwers & Tess Herrmann, 2020. "“We Have Advised Sex Workers to Simply Choose Other Options”—The Response of Adult Service Websites to COVID-19," Social Sciences, MDPI, vol. 9(10), pages 1-15, October.

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