A Generic Model of Regulating Supply Chain Outsourcing

Publisher:
The Federation Press
Publication Type:
Chapter
Citation:
Labour Law and Labour Market Regulation, 2006, 1, pp. 520 - 541
Issue Date:
2006-01
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In Australia and other common law countries, judicial, statutory and contractual definitions of employment have traditionally defined the purview of labour laws. This focus on the employment relationship has been ingrained in labour law to the extent that a branch of law (employment law) and a field of work relations (employment relations) have been founded on the concept of direct employment. Moreover, industrial legislation and industrial instruments have been substantially confined to matters pertaining to employers and employees. Consequently, a crucial task of judicial deCision-making in labour law proceedings has been to determine whether a worker is an employee whose engagement is governed by social and industrial regulation as distinguished from an independent contractor engaged under commercial contractual principles
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