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The three axes of employment relatio...

Davidov, Guy.

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The three axes of employment relationships: A characterization of workers in need of protection.

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	The three axes of employment relationships: A characterization of workers in need of protection./
作者:	Davidov, Guy.
面頁冊數:	267 p.
附註:	Adviser: Patrick Macklem.
Contained By:	Dissertation Abstracts International63-06A.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NQ69053
ISBN:	0612690539

The three axes of employment relationships: A characterization of workers in need of protection.
Davidov, Guy.

The three axes of employment relationships: A characterization of workers in need of protection. - 267 p.

Adviser: Patrick Macklem.

Thesis (S.J.D.)--University of Toronto (Canada), 2002.

The final chapter offers an additional application to the framework developed: the Three Axes are used to suggest who should be considered the <italic>employer </italic> in triangular relations.

ISBN: 0612690539Subjects--Topical Terms:

600858
Law.

The three axes of employment relationships: A characterization of workers in need of protection.
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245 1 0 $a The three axes of employment relationships: A characterization of workers in need of protection.
300 $a 267 p.
500 $a Adviser: Patrick Macklem.
500 $a Source: Dissertation Abstracts International, Volume: 63-06, Section: A, page: 2350.
502 $a Thesis (S.J.D.)--University of Toronto (Canada), 2002.
520 $a The final chapter offers an additional application to the framework developed: the Three Axes are used to suggest who should be considered the <italic>employer </italic> in triangular relations.
520 $a The distinction between employees and independent contractors has been described as the “cornerstone” of labour and employment laws, but proved difficult to apply. This thesis is concerned with the question of who should be considered an employee in the context of protective labour and employment laws, i.e. what kinds of workers should be covered by such laws. The basic approach is purposive; the scope of protective regulations—and accordingly the meaning of “employee”—should be derived from the goals that such regulations are designed to achieve.
520 $a It is argued that protective labour and employment laws share a general purpose, which can be used to articulate a general understanding of who should be considered an employee. The employment relationship can be likened to an integration of three axes: organizational, social/psychological and economic. Organizationally, employees are characterized by being subject to a structure of governance with democratic deficits. Socially/psychologically, the employment relationship is characterized by the dependency of employees on the relationship for the fulfillment of certain social and psychological needs. And economically, employees are characterized by their reliance on the employment relationship, in the sense that they are unable to spread their risks.
520 $a The Three Axes are then put into practice. At the legislative level, a typology of four categories (employees, dependent contractors, independent employees and independent contractors) is suggested as a tool to refine the scope of protective regulations according to the particular vulnerabilities of different workers. At the interpretive level, the Three Axes are offered as an overarching test, and existing lists of indicia are examined in their light.
520 $a This “general” test may need “fine-tuning” to suit particular purposes of specific regulations. The goals of minimum wage, collective bargaining and unjust dismissal laws (taken as examples) are examined in this light. The analysis confirms the suitability of the Three Axes, but also the need for “fine-tuning”—in each case only two of the Three Axes prove relevant.
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792 $a 2002
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