The Legal Construction of Personal Work Relations
OUP Oxford, Dec 15, 2011 - Law - 476 pages
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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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 employ contract of employment contractual construction contractual employment relations demutualization denormalization Diritto del Lavoro dis-integrated approach distinct doctrine domain Droit du Travail employee employing enterprise employment relationship English law EU law European Legal Framework European legal systems firstly fixed-term idea identified kind labour law systems labour market labour or employment law of contracts layers of regulation legal connections legal construction legislation ment mutual national labour law national legal systems normative characterization notion obligation Oxford particular personal contract personal work contracts personal work nexus personal work profile personal work relations protection question regarded regulatory contexts regulatory layers sense social sources of regulation statutory subsection Supiot taxonomy termination of employment tion unfair dismissal worker-protective workers