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The Concept of the Employer

The Concept of the Employer
Author: Jeremias Prassl
Publisher: Oxford University Press, USA
Total Pages: 289
Release: 2015
Genre: Law
ISBN: 0198735537
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The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

The Concept of the Employer

The Concept of the Employer
Author: Jeremias Prassl
Publisher: OUP Oxford
Total Pages: 309
Release: 2015-03-26
Genre: Law
ISBN: 0191054437
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Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

The Employer Brand

The Employer Brand
Author: Helen Rosethorn
Publisher: CRC Press
Total Pages: 212
Release: 2016-03-23
Genre: Business & Economics
ISBN: 1317034236
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The culture an organisation cultivates as an employer is just as important to its success as the brand image of its products or services. A culture that is at odds with the organisation's commercial activities is a very powerful signal to customers, employees and other stakeholders; it is a signal that will impact on the employers' sales, market reputation, share value and their ability to attract and retain the kind of employees that they need. In fact, employer branding is a complex process that involves internal and external customers, marketing and human resource professionals. Helen Rosethorn's book puts the whole topic into context, it explores some of the shortcomings of employer branding initiatives to date and provides a practical guide to the kind of strategy and techniques organisations need to embrace in order to make the most of their employer brand. At the heart of the book is the concept of the strategic employee lifecycle and ways in which an organisation should engage with potential, current and past employees. The Employer Brand focuses on the experiences and perspectives of organisations that have applied employer brand practices. It is a book about marketing - and the relationship of customers and employees; about culture - and the need for fundamental change in the role of the human resources function; about psychology - and the changing aspirations of the next generation of employees; and about hard-nosed business - and the tangible and intangible benefits of a successful employer branding strategy and how to realize them.

The Notion of Employer in the Era of the Fissured Workplace

The Notion of Employer in the Era of the Fissured Workplace
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 264
Release: 2017-01-15
Genre: Law
ISBN: 9041184716
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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.

The Concept of the Employer

The Concept of the Employer
Author: Jeremias Prassl
Publisher:
Total Pages: 259
Release: 2015
Genre: Labor laws and legislation
ISBN: 9780191799648
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The Three Signs of a Miserable Job

The Three Signs of a Miserable Job
Author: Patrick M. Lencioni
Publisher: John Wiley & Sons
Total Pages: 193
Release: 2010-06-03
Genre: Business & Economics
ISBN: 0470893990
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A bestselling author and business guru tells how to improve your job satisfaction and performance. In his sixth fable, bestselling author Patrick Lencioni takes on a topic that almost everyone can relate to: the causes of a miserable job. Millions of workers, even those who have carefully chosen careers based on true passions and interests, dread going to work, suffering each day as they trudge to jobs that make them cynical, weary, and frustrated. It is a simple fact of business life that any job, from investment banker to dishwasher, can become miserable. Through the story of a CEO turned pizzeria manager, Lencioni reveals the three elements that make work miserable -- irrelevance, immeasurability, and anonymity -- and gives managers and their employees the keys to make any job more fulfilling. As with all of Lencioni?s books, this one is filled with actionable advice you can put into effect immediately. In addition to the fable, the book includes a detailed model examining the three signs of job misery and how they can be remedied. It covers the benefits of managing for job fulfillment within organizations -- increased productivity, greater retention, and competitive advantage -- and offers examples of how managers can use the applications in the book to deal with specific jobs and situations. Patrick Lencioni (San Francisco, CA) is President of The Table Group, a management consulting firm specializing in executive team development and organizational health. As a consultant and keynote speaker, he has worked with thousands of senior executives and executive teams in organizations ranging from Fortune 500 companies to high-tech startups to universities and nonprofits. His clients include AT&T, Bechtel, Boeing, Cisco, Sam?s Club, Microsoft, Mitsubishi, Allstate, Visa, FedEx, New York Life, Sprint, Novell, Sybase, The Make-A-Wish Foundation, and the U.S. Military Academy at West Point. Lencioni is the author of six bestselling books, including The Five Dysfunctions of a Team. He previously worked for Oracle, Sybase, and the management consulting firm Bain & Company.

Private Government

Private Government
Author: Elizabeth Anderson
Publisher: Princeton University Press
Total Pages: 222
Release: 2019-04-30
Genre: Philosophy
ISBN: 0691192243
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Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.

The Peter Principle

The Peter Principle
Author: Dr. Laurence J. Peter
Publisher: Harper Collins
Total Pages: 138
Release: 2014-04-01
Genre: Humor
ISBN: 0062359495
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The classic #1 New York Times bestseller that answers the age-old question Why is incompetence so maddeningly rampant and so vexingly triumphant? The Peter Principle, the eponymous law Dr. Laurence J. Peter coined, explains that everyone in a hierarchy—from the office intern to the CEO, from the low-level civil servant to a nation’s president—will inevitably rise to his or her level of incompetence. Dr. Peter explains why incompetence is at the root of everything we endeavor to do—why schools bestow ignorance, why governments condone anarchy, why courts dispense injustice, why prosperity causes unhappiness, and why utopian plans never generate utopias. With the wit of Mark Twain, the psychological acuity of Sigmund Freud, and the theoretical impact of Isaac Newton, Dr. Laurence J. Peter and Raymond Hull’s The Peter Principle brilliantly explains how incompetence and its accompanying symptoms, syndromes, and remedies define the world and the work we do in it.

The Alliance

The Alliance
Author: Reid Hoffman
Publisher: Harvard Business Review Press
Total Pages: 209
Release: 2014-07-08
Genre: Business & Economics
ISBN: 162527579X
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The New York Times Bestelling guide for managers and executives. Introducing the new, realistic loyalty pact between employer and employee. The employer-employee relationship is broken, and managers face a seemingly impossible dilemma: the old model of guaranteed long-term employment no longer works in a business environment defined by continuous change, but neither does a system in which every employee acts like a free agent. The solution? Stop thinking of employees as either family or as free agents. Think of them instead as allies. As a manager you want your employees to help transform the company for the future. And your employees want the company to help transform their careers for the long term. But this win-win scenario will happen only if both sides trust each other enough to commit to mutual investment and mutual benefit. Sadly, trust in the business world is hovering at an all-time low. We can rebuild that lost trust with straight talk that recognizes the realities of the modern economy. So, paradoxically, the alliance begins with managers acknowledging that great employees might leave the company, and with employees being honest about their own career aspirations. By putting this new alliance at the heart of your talent management strategy, you’ll not only bring back trust, you’ll be able to recruit and retain the entrepreneurial individuals you need to adapt to a fast-changing world. These individuals, flexible, creative, and with a bias toward action, thrive when they’re on a specific “tour of duty”—when they have a mission that’s mutually beneficial to employee and company that can be completed in a realistic period of time. Coauthored by the founder of LinkedIn, this bold but practical guide for managers and executives will give you the tools you need to recruit, manage, and retain the kind of employees who will make your company thrive in today’s world of constant innovation and fast-paced change.

China's Professional Employer Association Law

China's Professional Employer Association Law
Author: Wu Wenfang
Publisher: Taylor & Francis
Total Pages: 197
Release: 2024-06-14
Genre: Law
ISBN: 1040047971
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This book studies the coordination mechanism of labor relations from the perspective of China’s law on employer association. The first part of the book examines the definition, functions, and institutional basis of employer associations in different types of labor relations, focusing on the complementarity between the law and the coordination mechanism of labor relations in the context of different social environments, institutional frameworks, and their different responses to deregulated labor policies. It then reviews the legislation, responsibilities, and institutional guarantees of employer associations in modern China. The second part outlines the current limitations of legal resources in terms of subject matter, participation mechanisms, and participation channels that constrain the coordination of industrial relations by China’s employer associations. The author emphasizes that the systematic legal safeguards of employer associations should be function-oriented and gradually established in a targeted and differentiated manner. The title will appeal to labor and employment law scholars and legislators, and especially to those interested in the law of employer association.