The Employee Shareholder

Rules, Interpretation and Lacunae of a New Subcategory of the Contract of Employment

Pierre de Gioia-Carabellese

Research output: Contribution to journalArticle

Abstract

A new subcategory of employee status - the recently coined 'employee shareholder' - is presently in force in Britain effective from 1st September 2013. This paper discusses and analyses the main rules applicable to the employee shareholder. From amongst this select body of regulations, emphasis is placed on the procedures and technicalities of the contract, specifically in relation to the contentious mechanism whereby the previous contract of employment is converted into the new contract of employee shareholder. Additionally, possible contradictions arising from the recently enacted legislation are identified and the tenor of the legal framework, in light of these discrepancies, reflected on at length. Against the backdrop of this doctrinal analysis, the purpose of this contribution ultimately cogitates upon how, ontologically, the new category of employee complies with the 'state of the art' EU legislation which requires Member States to implement forms of participation of the workers in the management and capital of a company. In this respect, the only rational conclusion to be drawn is that Britain appears to be, both politically and legislatively, much closer to America than to the shores of the Old Continent.
Original languageEnglish
JournalE-Journal of International and Comparative Labour Studies
Volume5
Issue number1
Publication statusPublished - 1 Jan 2016
Externally publishedYes

Fingerprint

shareholder
employee
interpretation
legislation
EU
worker
regulation
participation
management

Cite this

@article{ba2693af7e3f4b539797e3a921da2de1,
title = "The Employee Shareholder: Rules, Interpretation and Lacunae of a New Subcategory of the Contract of Employment",
abstract = "A new subcategory of employee status - the recently coined 'employee shareholder' - is presently in force in Britain effective from 1st September 2013. This paper discusses and analyses the main rules applicable to the employee shareholder. From amongst this select body of regulations, emphasis is placed on the procedures and technicalities of the contract, specifically in relation to the contentious mechanism whereby the previous contract of employment is converted into the new contract of employee shareholder. Additionally, possible contradictions arising from the recently enacted legislation are identified and the tenor of the legal framework, in light of these discrepancies, reflected on at length. Against the backdrop of this doctrinal analysis, the purpose of this contribution ultimately cogitates upon how, ontologically, the new category of employee complies with the 'state of the art' EU legislation which requires Member States to implement forms of participation of the workers in the management and capital of a company. In this respect, the only rational conclusion to be drawn is that Britain appears to be, both politically and legislatively, much closer to America than to the shores of the Old Continent.",
author = "Gioia-Carabellese, {Pierre de}",
year = "2016",
month = "1",
day = "1",
language = "English",
volume = "5",
journal = "E-Journal of International and Comparative Labour Studies",
issn = "2280-4056",
publisher = "ADAPT University Press",
number = "1",

}

The Employee Shareholder : Rules, Interpretation and Lacunae of a New Subcategory of the Contract of Employment. / Gioia-Carabellese, Pierre de.

In: E-Journal of International and Comparative Labour Studies, Vol. 5, No. 1, 01.01.2016.

Research output: Contribution to journalArticle

TY - JOUR

T1 - The Employee Shareholder

T2 - Rules, Interpretation and Lacunae of a New Subcategory of the Contract of Employment

AU - Gioia-Carabellese, Pierre de

PY - 2016/1/1

Y1 - 2016/1/1

N2 - A new subcategory of employee status - the recently coined 'employee shareholder' - is presently in force in Britain effective from 1st September 2013. This paper discusses and analyses the main rules applicable to the employee shareholder. From amongst this select body of regulations, emphasis is placed on the procedures and technicalities of the contract, specifically in relation to the contentious mechanism whereby the previous contract of employment is converted into the new contract of employee shareholder. Additionally, possible contradictions arising from the recently enacted legislation are identified and the tenor of the legal framework, in light of these discrepancies, reflected on at length. Against the backdrop of this doctrinal analysis, the purpose of this contribution ultimately cogitates upon how, ontologically, the new category of employee complies with the 'state of the art' EU legislation which requires Member States to implement forms of participation of the workers in the management and capital of a company. In this respect, the only rational conclusion to be drawn is that Britain appears to be, both politically and legislatively, much closer to America than to the shores of the Old Continent.

AB - A new subcategory of employee status - the recently coined 'employee shareholder' - is presently in force in Britain effective from 1st September 2013. This paper discusses and analyses the main rules applicable to the employee shareholder. From amongst this select body of regulations, emphasis is placed on the procedures and technicalities of the contract, specifically in relation to the contentious mechanism whereby the previous contract of employment is converted into the new contract of employee shareholder. Additionally, possible contradictions arising from the recently enacted legislation are identified and the tenor of the legal framework, in light of these discrepancies, reflected on at length. Against the backdrop of this doctrinal analysis, the purpose of this contribution ultimately cogitates upon how, ontologically, the new category of employee complies with the 'state of the art' EU legislation which requires Member States to implement forms of participation of the workers in the management and capital of a company. In this respect, the only rational conclusion to be drawn is that Britain appears to be, both politically and legislatively, much closer to America than to the shores of the Old Continent.

M3 - Article

VL - 5

JO - E-Journal of International and Comparative Labour Studies

JF - E-Journal of International and Comparative Labour Studies

SN - 2280-4056

IS - 1

ER -