Joint Employer Status in Triangular Employment Relationships

Abstract

The article focuses on 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. It is further argued that even in the case of short-term ("traditional") employment through agencies, there is reason to place some employer responsibilities with the user firm, since the characteristics of employment that put workers in need of protection can be found, to some extent, in both of the worker's relationships. The suggested solution, which draws from European as well as North-American models (with some modifications), supports regulations directed at preventing agency employment abuse, but at the same time would place employer responsibilities with both agency and user firm, jointly and severally, from the first day of employment.

Keywords: Labor law, employment law, temporary work agencies, temporary employment agencies, triangular employment relations, payrolling, employment relationship