This paper under the title 'To What Extent Is The Employment Relationship Becoming More Individualistic?" focuses on the fact that employment relationship or industrial relations particularly refers to the legal relationship between the employer and the employee. …
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Thus employers are subject to a framework of rules and regulations that seek to ensure the obligations of employers to employees.
However, the recent developments in the sphere of employment relationship have demonstrated that a number of new factors have forced both employers and employees to mutually agree on certain non-extant or poorly defined rules and regulations. For instance, when the labour law is ambiguous the employment relationship becomes much more individualistic. In other words when an employment relationship does not exist it is almost impossible to define the legal outcomes such as rights and obligations of the relationship. In such a situation the employer and the employee might develop a vague and individualistic employment relationship (Guest & Peccei, 1994).
The same applies to the triangular employment relationship in which the employee might sign the employment contract with the agency rather than with the end-user. In such a situation the employment relationship might become too individualistic. The same principle can be applied to the disguised employment relationship in which the employee is treated by the employer as a non-employee without the rights provided by law and therefore minus the legal obligations cast on the latter by labour legislation. In other words, it is an individual arrangement between the employer and the employee.
The legal relationship between the employer and the employee defines the very essence of the employment relationship. However, it has been pointed out by critics that the existing labour legislation and social security provisions do not adequately cover up the requirements of employees. In fact, the employment relationship has become more or less an individual arrangement devoid of universal contractual obligations as found in the International Labor Organization’s (ILO) documents. This phenomenon has acquired a new dimension under different disguises and rules adopted by employers and imposed on unsuspecting employees (Healy, 1997).
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