The Legal Construction of Personal Work RelationsThis 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. |
Contents
Sources of Regulation and Hierarchies of Norms | |
Sources | |
Programme and Outcome | |
The Legal Construction of Personal Work Relations as Contracts | ii |
Contracts | ii |
Mutualization and Demutualization in the Legal Construction | lvi |
Bibliography | lxxii |
Index | xci |
Viking Line ABP Case C43805 2007 ECRI10779 388427 | c |
Education Reform Act 1988 142 | ciii |
Civil Code Bürgerliches Gesetzbuch BGB Section 613a 255 | cxi |
Employment Rights Act 1996 s 1 299 | 27 |
Temco Service Industries v Samir Imzilyen and Others Case | 29 |
The Formation and Structure of Contracts of Employment | ii |
Employment | ii |
The Economic Structure of Contracts of Employment | ii |
The Content and Performance of Contracts of Employment | ii |
Intersection with Termination | ii |
The Termination and Transformation of Employment Contracts | ii |
European Regulatory Spectrum | ii |
Termination | ii |
Employment Contracts | ii |
The Construction of Transformations in Contractual | ii |
Personal Work Contracts Other Than the Contract of Employment | iii |
Formation and Structure | iii |
iii | |
Contract Relation and Nexus in the Legal Construction of Personal | iii |
The Personal Work Relation as a Complex Network or Nexus | iii |
The Personal Work Profile and the Idea of Personality in Work | iii |
Characterization | iii |
Capability and Stability in Work | iii |
The Legal Construction of Personal Work Relations and the Role | v |
Framework for Personal Work Relations | xx |
Directive 200952EC of 18 June 2009 providing | l |
Directive 201041EU on the application of | 31 |
Equality Act 2010 s 41 42 | 65 |
Directive 9781EC of 15 December 1997 concerning | 91 |
Civil Code Article 1678 110 269 | 35 |
Law on Collective Agreements of 1974 | 60 |
Civil Procedure Code Article 409 39 122 278 | 61 |
Her Majestys Commissioners for Revenue Customs v | 23 |
v Prater 2006 IRLR 362 174 | 149 |
Rosser Sons Ltd 1906 2 KB 728 CA 218 | 98 |
Trade Union Reform and Employment Rights | 35 |
Directive 9850 of 29 June 1998 amending Directive | 67 |
London Borough of Greenwich 2008 EWCA Civ 35 294 | 56 |
Redcats Brands Ltd 2007 IRLR 296 281 282334 | 16 |
EUROPEAN UNION | 4 |
Directive 9970EC of 28 June 1999 concerning | 9 |
Directive 77187 EEC on the approximation of the laws | 71 |
Directive 200123EC of 12 March 2001 on | 74 |
of 1970 Workers Statute 163 181 192 203 209 210 229 | 93 |
MHC Consulting Services Ltd v Tansell 2000 ICR 789 122 | 122 |
Other editions - View all
The Legal Construction of Personal Work Relations Mark Freedland FBA,Nicola Kountouris Limited preview - 2011 |
The Legal Construction of Personal Work Relations Mark Freedland FBA,Nicola Kountouris No preview available - 2011 |
Common terms and phrases
analysis apply argument Article binary divide chapter collective agreements collective bargaining common law comparative concerned construction of personal continental European contract for services contract law contract of employment contractual construction contractual employment relations demutualization denormalization Diritto del Lavoro dis-integrated approach distinctive doctrine domain Droit du Travail employer employing enterprise employment contracts employment law systems employment relationship English law EU law European labour law European Legal Framework European legal systems firstly function idea identified Italian kind labour law systems labour market labour or employment law of contracts layers of regulation legal connections legal construction legal regulation legislation national labour law national legal systems normative characterization notion Oxford particular personal contract personal work contracts personal work nexus personal work profile personal work relations protection question regarded regulatory layers sense social sources of regulation statutory subsection Supiot taxonomy termination of employment unfair dismissal worker-protective workers