The Legal Construction of Personal Work Relations

Front Cover
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.
 

Contents

PART II THE PERSONAL WORK RELATION AS A CONTRACT
81
PART III THE PERSONAL WORK RELATION AS A LEGAL NEXUS
265
PART IV THE PERSONAL WORK RELATION IN EUROPEAN LAW
383
Mutualization and Demutualization in the Legal Construction of Personal Work Relations
433

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