LAW 606 Lecture Notes - Lecture 6: De Jure, Informal Sector, Temporary Work

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Two forms of triangular employment arrangements: contracts for the performance of work and services (subcontracing, contracts for the supply of labour services (temp agency work) Focus on 2 where the user is a party to a commercial contract with the provider, and the user lacks any formal employment relaionship with the worker. For the user, this arrangement serves as a subsitute for directly employing workers. It raises policy concerns whether it represents disguised employment or objecively ambiguous employment. There may be no intenion to alter the appearance of the underlying relaionship, but the facts of the relaionship raise quesions about the proper allocaion of de jure employer status and ensuing rights and responsibiliies. De jure employer status is determined based on relevant local rules. The various staing industry services or service bundles, may be difereniated in therms of both a qualitaive and temporal dimension.

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