The Concept of the Employer

Compared to the extensive corpus of jurisprudence and academic literature on the definition of the employee, the concept of the employer has been comparatively neglected in both judicial and doctrinal discussions to date; leaving it inchoate and built on unquestioned or even unstated assumptions—in particular, the long-standing (albeit often unspoken) assumption that the employer is to be characterized as a singular entity. This narrow focus is increasingly problematic in modern labour markets due to the existence of a wide array of multi-entity work arrangements, from the vertical disintegration of the firm to the fissured workplace and the rise of gig work and the platform economy. This chapter explores these challenges and potential legal responses from a comparative perspective. After observing how civil law and common law jurisdictions have generally developed different approaches to tackle these issues, the chapter argues that convergence between the two models may offer mutual advantages.