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Legal Construction of Personal Work Relations

Legal Construction of Personal Work Relations

Author: Mark Freedland; Nicola Kountouris
Publisher: Oxford University Press
ISBN: 9780199551750
Published In: December 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a critical and systematic analysis of the regulation of personal work contracts in European law that aids understanding of the changes affecting the regulation of the contract of employment and other personal work contracts
Develops a new central organising idea for modern employment protection systems in the form of 'the personal work relation', which aids understanding the relationship between the standard contract of employment and other work relationships
Presents a comparative analysis of the regulation of personal work relations across selected European legal systems, which highlights the differences and similarities faced by other legal systems striving to adapt their employment protection systems to the changing work practices
Explores the concepts of dignity, capability, and reliance in the context of the regulation of personal work relations and suggests new avenues for the reform of labour law systems on the basis of fairness, personal development, and economic performance

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.

Readership: Academics, researchers, and practitioners interested in employment law, or more broadly in European comparative law

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