The Legal Construction of Personal Work Relations

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OUP Oxford, Dec 15, 2011 - Law - 504 pages
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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.
 

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Contents

Personal Work Relations
Aligning the Personal Work Relation with Existing Categories
A European Comparative Approach to the Legal Construction
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
Performance and Termination
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
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About the author (2011)

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.

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