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Employee sharing as a new form of employment

Publication at Faculty of Law |
2017

Abstract

The article deals with various aspects of one of the new forms of employment represented by sharing of working capacity of one employee among more employers as an alternative to hiring individual employees as independent contractors through on-line platforms. The nature of employee sharing is explained by a simplified example of two freelancers sharing a working time of one assistant together.

The core part of the article considers advantages and disadvantages of three possible contractual models of employee sharing - one employment agreement between the employee and a group of employers acting jointly and severally, a separate employment agreement with each of the employers, and a temporary assignment of the employee by a main employer to other participating subjects based on the employment contract with the main employer. In the second part of the article, key aspects of employee sharing are discussed.

This includes working time schedule on the basis of "one moment / one employer" principle, handling an equal treatment requirements and various systems of personal costs sharing. The final section explores a possibility of business trips carried out in interests of more employers and problems arising therefrom, which leads to an identification of a creation of a special category of employees who are working independently yet who are not independent contractors either.