The Legal Construction of Personal Work Relations

Inbunden, Engelska, 2011

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This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships.The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law.Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Produktinformation

Utgivningsdatum2011-12-15
Mått164 x 241 x 33 mm
Vikt904 g
FormatInbunden
SpråkEngelska
SerieOxford Labour Law
Antal sidor504
FörlagOUP OXFORD
ISBN9780199551750

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Mark Freedland is Professor of Employment Law in the University of Oxford where he engages in teaching research and writing in the fields of Labour or Employment Law and Public Law both in the Law Faculty and as a Fellow and Law Tutor of St John's College. A graduate of University College London, he has been teaching in Oxford since 1970. Nicola Kountouris is a Lecturer in Law at University College London. Prior to that he was a Lecturer at the University of Reading and a Postgraduate Research Fellow at St John's College, Oxford.

INTRODUCTION: EVOLUTION AND RE-FORMULATION IN THE LEGAL CONSTRUCTION OF PERSONAL WORK RELATIONS ; PART I: THE LEGAL ANALYSIS OF PERSONAL WORK RELATIONS ; 1. The Legal Analysis of Personal Work Relations - Boundaries, Paradigms, and Legal Formats ; 2. A European Comparative Approach to the Legal Construction of Personal Work Relations ; PART II: THE PERSONAL WORK RELATION AS A CONTRACT ; 3. The Legal Construction of Personal Work Relations as Contracts ; 4. The Formation and Structure of Contracts of Employment ; 5. The Content and Performance of Contracts of Employment ; 6. The Termination and Transformation of Contracts of Employment ; 7. Personal Work Contracts other than the Contract of Employment ; PART III: THE PERSONAL WORK RELATION AS A LEGAL NEXUS ; 8. Contract, Relation, and Nexis in the Legal Construction of Personal Work Relations ; 9. The Personal Work Profile and the Idea of Personality in Work ; PART IV: THE PERSONAL WORK PROFILE AND THE IDEA OF PERSONALITY IN WORK ; 10. The Legal Construction of Personal Work Relations and the Role of EU Law ; CONCLUSION: THE PERSONAL WORK RELATION IN EUROPEAN LABOUR LAW - CHALLENGES AND AFFIRMATIONS