미국 연방노동법의 공동고용 원리에 관한 연구

Employment Contract means traditionally that an employer should hire and employ a employee. The employee should directly provide his service for the employer within the contract relations. The employment relations could be only established between the contracting parties conceptually, but such a concept of the relations could not cover, so called, an indirect employment involving the third who is not the employment contracting parties. Today, the indirect employment, a temporary agency work, contract work and employment leasing, have been spread out in many workplace. There is some controversy about whether the employment relations may be bipartite relations or tripartite relations on the traditional concept of a employment contract. Nevertheless, there are general consents to the rules of employment and labor laws regulating the relations and determining the employer's liability. The Doctrines of Joint Employment is the rules for the indirect employment relations in U.S labor laws. Under the doctrines the supplier employer and user employer should have, individually or jointly, the employer's liability provided by the labor laws. The doctrines have been developed over a long period of time with some case laws, and then it is provided on the federal labor laws.