Estudios de Deusto (Oct 2012)
El derecho del trabajo y las relaciones jurídicas calificadas como «zonas grises»
Abstract
This study addresses the figure of the plural employer, since it is a particularly grey area to Employment Law. In order to achieve this, the grey areas are set in context, and it is within this context, that the figure of the plural employer draws one’s attention as a triangular relationship between two employers and a worker. Notwithstanding the aforegoing to the contrary, as regards other figures that may be found within these grey areas, the characteristics of Employment Law, and in particular, dependency and the provision to work under a contract of service, must be contemplated, taking into account a distorted employer perspective. Having done this, the figure of the plural employer is described pointing out its problems and offering possible solutions and its correct interpretation, following the guidelines found in the Merchant Shipping sector, and in particular, that of the flags of convenience, where the figure of the ship owner, ship administrator and sailor can all be closely interlinked.
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