Joint Employer Status in Triangular Employment Relationships

Abstract The article examines the question of who should be considered the legal employer in triangular employment relationships. It is argued that outsourcing of employer responsibilities to temporary work agencies is illegitimate with regard to long‐term employees and must be curtailed; further, that even in the case of short‐term (‘traditional’) employment through agencies, there is reason to place some employer responsibilities with the user firm. The suggested solution supports regulations directed at preventing agency employment abuse, as currently exist in some European countries, but at the same time would place employer responsibilities with both agency and user firm, jointly and severally.